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Comparative view on recognition and execution of foreign arbitral awards in the territory of the Czech Republic, the Russian Federation and the United States of America
Kobzová, Andrea ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Comparative view on recognition and execution of foreign arbitral awards in the territory of the Czech Republic, the Russian Federation and the United States of America Abstract This thesis deals with the recognition and enforcement of foreign arbitral awards in the Czech Republic, the Russian Federation and the United States of America. The aim of this work is to clarify the conceptualization within the framework of individual legal regulations with the approximation of the process of recognition and enforcement in the territory of individual states and their subsequent comparison. The work is systematically divided into seven chapters, from the concept of arbitration to the examination of individual legal regulations. In the first chapter I deal with arbitration as a prerequisite for issuing an arbitral award, especially the arbitrability of the dispute and the international nature. The international nature is also a crucial definition for this work, so it is dealt with in a separate subchapter. The second chapter deals with the arbitral award, its particulars, types, especially with the focus on the concept of foreign arbitral award, the definition of which is a key point of this work. Arbitral award or foreign arbitral award is a term whose meaning is not defined by law or other source of law,...
Preliminary question raised by czech courts regarding jurisdiction pursuant to the Brussel I and Brussel I bis Regulation
Hrušková, Monika ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
Preliminary question raised by czech courts regarding jurisdiction pursuant to the Brussel I and Brussel I bis Regulation Abstract This thesis deals with jurisdiction in the Brussels I and Brussels I bis regulations. It primarily places the emphasis on an interpretation of the individual provisions of the regulation as governing the jurisdiction of the Court of Justice, in particular in the form of judgments in preliminary ruling procedure, focusing mainly on the preliminary rulings of Czech courts. The paper is divided into four chapters, preceded by a general introduction and completed with a conclusion. The first chapter deals with the development of preliminary rulings in European law, the harmonisation of its dualistic regulation from Articles 68 and 234 of the Treaty on Establishing the European Community in Article 267 of the Treaty on the Functioning of the European Union and a description of preliminary ruling procedure both before national courts and before the Court of Justice. The second chapter briefly analyses a selection of four of the most important pieces of case law which the Court of Justice has dealt with within the bounds of preliminary ruling procedure. The case law involved is Van Gend en Loos, Costa v. E.N.E.L., Casis de Dijon and Francovich. The third chapter considers jurisdiction...
Rights of passengers in international air transport
Chrást, Patrik ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Název diplomové práce a abstrakt v anglickém jazyce, klíčová slova Title of the thesis: Rights of passengers in international air transport Abstract The number of passengers carried by international air transport grows steadily every year and thus also the number of irregularities which may disrupt passengers' travel plans increases accordingly. It is important that in such cases passengers are appropriately looked after and that they may, in accordance with valid instruments of law, seek compensation for damages incurred as a result of such irregularities. By means of analysis of select significant legal instruments of private international law and European law the author aims to point out parts of these regulations that present difficulties when they are to be applied, their meaning is not unambiguous, the interpretation is not uniformed, or the regulations are incompatible with one another. The author then avails of this analysis to propose certain amendments to the existing legislation on air passenger rights in the last chapter of the thesis. In order to achieve the set goal, the author utilizes information not only from academic literature and specialized publications, but also from wide variety of case law, in particular judgements of the Court of Justice of the European Union. Author's own...
Current issues in international carriage of passengers by road
Malásková, Alena ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
6 Abstract Current issues in international carriage of passengers by road The topic of the thesis is current issues of international carriage of passengers by road. The aim of this thesis is to summarize the content of legal sources of international road passenger transport and to define the relationship between the concerned regulations, as well as to critically evaluate the overall legal framework and to present possible further development in this area. The thesis is divided into six chapters, which cover the whole issue of the regulation of international carriage of passengers by road. The first chapter enables the reader to understand the topic by defining the terms related to international carriage of passengers. The chapter also deals with the specifics of coach transport and its role in the Czech Republic and the EU. The second chapter summarizes the sources of law on the international carriage of passenger law at international, European and national level. It deals in more detail with the regulation of road transport and the contract for carriage in the Czech legal order. Third chapter deals with the conflict rules in the regulation of international carriage of passengers at both European and national level. Fourth and fifth chapter discuss in more detail the Regulation (EU) No 181/2011 concerning...
Private international law and the issues of company law
Hadinec, Martin ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
Private international law and the issues of company law Abstract The aim of the thesis is a comprehensive and concise explanation of the issue of the inclusion of article 62 and article 62 of the Business Corporations Act and article 98 and the following provisions of the Insolvency Act under the framework of corporation law or insolvency law. The reason for choosing the topic of this thesis is mainly its topicality, necessity and only minimal processing from the doctrinal point of view. The first part of the thesis is focused on summary of theoretical background for other parts. Firstly, it describes international private law as an area in which the thesis will be described, including the inclusion of a historical excursion into Roman law. The following chapter contains an explanation of the concept of personal status and the principles that govern it, i.e. the principle of incorporation, the principle of settlement and the principle of control. In the following chapter, the thesis focuses on the description of the individual provisions that will be subject to assessment in the practical part of this thesis, especially regarding the conditions of their application. The last chapter of the theoretical part describes the concept of insolvency proceedings, insolvency proceedings with an international element...
Personal Status of Companies in Private International Law
Saláková, Terezie ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Personal Status of Companies in Private International Law Abstract The main topic of my thesis is personal status of companies in private international law. The thesis is composed of Introduction and Conclusion, and three parts. Each part includes a different attitude to the topic, uses a different method, and has a different aim. The first part, subdivided into three chapters, introduces comments found in expert sources which deal with the term personal status of companies as the legal order determining questions connected with the company. The next passage concentrates upon two basic principles of determining the personal status - the incorporation principle and the seat principle, where for each of these two principles applied connecting factors and the characteristics of the particular principle are described. The last chapter of Part 1 presents current legislative regulation of personal status of companies in the Czech law, and prepared steps made on the EU level. The purpose of this chapter is primarily to establish theoretical basis for both following parts. In the second part I have tried to determine the range of the personal status of a company as far as acting for the company is concerned, in relation to the Czech legal regulation - both conflict and material legislation. In this context, at...
Non-material damage in the regulation of international transport
Vosečková, Lucie ; Pauknerová, Monika (advisor) ; Ondřej, Jan (referee) ; Dolanská Bányaiová, Lucie (referee)
198 Non-material damage in the regulation of international transport Abstract The dissertation deals with issues related to the legal regulation of non-material damage arising in connection with international air transport. It has been at the forefront of interest espceially of the European institutions over the last ten years. The first part of the dissertation is devoted to the general theoretical definition of non- material damage as such and to individual types of non- material damage that may arise during air transport. These are bodily harm, emotional harm caused by stress experienced or otherwise uncomfortable, and non-material harm caused by the fact that the passenger does not get to his destination in time due to delays, flight cancellations or denied boarding. The second part is devoted to the comparison of compensation for non-material damage in the Czech Republic and the United States of America, namely the development of the non- pecuniary damage and compensation for this damage. Particular attention is paid to particular titles, which are, according to the relevant legal regulations, replaced and the comparison of the compensation of non-material damage in the decisions of the courts of both countries. The third part is devoted to the regulation of non-material damage and its compensation,...
Mediation as a Mean of International Commercial Dispute Resolution
Vanišová, Veronika ; Pauknerová, Monika (advisor) ; Švarc, Zbyněk (referee) ; Feigerlová, Monika (referee)
1 Mediation as a Mean of International Commercial Dispute Resolution Abstract The subject of this dissertation is the topic of mediation in solving international commercial disputes. At the outset, the author focuses on the general theory of dispute and argues that the main psychological features of thinking about conflicts are inherent in virtually all types of social relations, regardless of their specific nature. It is therefore useful to recall the knowledge about the psychology of conflict in the context of research on the resolution of international commercial disputes, as this initial line of reasoning is also present. In the first part of the dissertation, the author defines the position of mediation within the spectrum of the dispute resolution and identifies its relationship with other ADR methods. She is particularly concerned with the recent change in the ADR area, particularly as regards the shift of arbitration towards judicial proceedings and convergence of mediation with arbitration in certain respects. Furthermore, the author considers the importance of mediation for international commerce, noting in particular the aspect of the institutionalisation of mediation and touches on the phenomenon of regional change in international trade. The author points out that the cross-border commercial...
Iura novit curia in international arbitration
Halfar, František ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Feigerlová, Monika (referee)
Iura novit curia in international arbitration Abstract The thesis deals with the application of the iura novit curia principle in international arbitration. At the outset, it explains the function of the principle in the civil law tradition of court procedure and the potential issues arising out of its application in arbitration, in particular with regards to the limits of arbitral power and due process. Since the rules on conduct of arbitral proceedings provide no specific guidance in this respect, the ultimate limits of the use of the principle in arbitration are set by the national courts in proceedings on annulment and recognition of arbitral awards. The thesis attempts to delineate these limits on the case law of a few chosen countries and observe the potential similarities with their civil procedure. Despite the differences in the legal traditions in the respective countries, the analysis of the case law finds a number of common features in the approaches to the application of the iura novit curia principle in international arbitration across the chosen countries. When assessing the powers of the arbitrator to apply the law as he deems appropriate, the courts seem to share similar concerns about the observation of the parties right to be heard. Despite its somewhatʼ firmer standing in investment...
Business Management in the Transnational Relations
Králik, Dominik ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Dolanská Bányaiová, Lucie (referee)
This dissertation deals with the institute of business management with a transnational element. At the beginning of the thesis there are given three basic goals of the work. Their common feature is the effort to make the internal market of the European Union more effective. In the first chapter there are two questions discussed: on the one hand the actuality of the problem and on the other hand the perspective of the chosen topic. The first chapter also brings the definition of the term business management, while in the second chapter there are already described possible interventions into business management under Czech law. In principle, it is possible to distinguish two different forms of intervention, namely internal and external intervention. Under Czech law, the internal intervention represents the institute of the requested instruction and the external intervention the institute of the concern instruction. Through both forms of intervention, a foreign person can exercise its influence on Czech company. The third chapter is in its essence legal comparatistics and deals with the possibilities of intervention into business management under selected legal orders. The fourth chapter seeks to collect laws regulating international concern relations. The fifth chapter handles with collisional...

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1 Pauknerová, Marie
1 Pauknerová, Márie
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