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International Commercial Mediation in the Context of the Singapore Convention
Vrábel Porteš, Veronika ; Pauknerová, Monika (referee)
International Commercial Mediation in the Context of the Singapore Convention Abstract The thesis deals with the topic of mediation in private international law, focusing on the enforceability of mediation agreements arising from international commercial disputes. The thesis is focused on the Singapore Convention, which was signed in August 2019, and marginally on the related UNCITRAL Model Law on Mediation. Although the success of the Singapore Convention will depend largely on the political actions and motivations of individual states, in order for it to be used by private actors, an analysis of the construction of the international norm in question is necessary. The aim of this work is to answer the question whether the regulation of mediation in international commercial law has its justifiable importance. In order to answer this question, the an analysis of the current legislative framework and the conditions for the performance of mediation agreements in international conventions and other international source sis performed, in relation to the EU and the Czech law. At the same time, unclear issues of the legislation in question are highlighted, also with regard to the transposition of EU regulations into Czech legislation, and possible ways of bridging them. A comparison of the sources of legislation...
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The European Certificate of Succession
Kučová, Kateřina ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
The European Certificate of Succession The thesis deals with the European Certificate of Succession, which was introduced by Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. The adoption of this Regulation and the introduction of the European Certificate of Succession was an important step towards simplifying succession proceedings with an international element within the European Union. The aim of the thesis is to describe and analyse the problems that have occurred or are occurring regarding the European Certificate of Succession. The thesis also takes into account and analyses the case law of the Court of Justice of the European Union concerning the European Certificate of Succession. The first part of the thesis deals with the sources of the legal regulation of the European Certificate of Succession. It then defines the concept of the European Certificate of Succession and its relationship with national certificates of succession. The thesis also focuses on the whole process of issuing the European Certificate of Succession, from the...
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Rights of passengers in international air transport and the influence of COVID-19 pandemic
Čermák, Filip ; Pauknerová, Monika (advisor) ; Zavadilová, Marta (referee)
Rights of passengers in international air transport and the influence of COVID- 19 pandemic Abstract The thesis is devoted to the legal regulation of the relationship between passengers and air carriers in air passenger transport. The text is set in a general historical framework, which illustrates the rapid development of air transport from the 1920s to the present day, with special emphasis on the modern era. One of the aims of the study is to show how difficult it is for the legislator to respond to ongoing changes in the industry as well as unexpected events such as the COVID-19 pandemic. The central theme is then the analysis of Regulation 261/2004 of the European Parliament and of the Council, one of the most important pieces of legislation on the relationship between passengers and air carriers. The thesis presents the system of regulation enshrined in this Regulation, its strengths and weaknesses - taking into account the extensive case law of the Court of Justice of the European Union - and shows the impact of the above-mentioned pandemic in this area (the common cancellations of flights due to anti-epidemic measures led to frequent application of Regulation 261/2004 and to heated debates on some of the newly emerging controversial issues). It is pointed out that the problematic aspects of the...
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Jurisdiction rules in Brussels I bis Regulation
Onderka, Lukáš ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
Jurisdictional rules in the Brussels Ibis Regulation Abstract The master thesis is devoted to the field of private international law, specifically its part of international procedural law. The subject is the rules of special jurisdiction laid down in the Brussels I bis Regulation. These are jurisdictional rules which provide for the jurisdiction of courts other than those designated by the defendant's State of residence. The thesis focuses on only two special jurisdictional rules, namely the jurisdictional rule establishing the jurisdiction of the court dealing with a dispute arising out of a contract and the jurisdictional rule establishing the jurisdiction of the court dealing with a dispute arising out of a tort. The thesis is divided into an abstract part, the main aim of which is to explain the basic concepts to the reader, to describe the theoretical division of jurisdictional rules and to define the scope of the Brussels I bis Regulation, in particular the substantive scope in relation to arbitration proceedings. In the following parts of the thesis, it describes in detail the jurisdictional norms enshrined in Articles 7(1) and 7(2) of the Brussels I bis Regulation and the predecessors of these legal provisions enshrined in the Brussels Convention and the Brussels I Regulation, and looks for the...
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Obligations involving an international element with a focus on consumer contracts
Zubík, Ondřej ; Bříza, Petr (advisor) ; Pauknerová, Monika (referee)
Obligations involving an international element Abstract This thesis deals with a narrow section of contractual obligations involving an international element, namely consumer contracts, which are characterized mainly by the parties to the contract (consumer and entrepreneur). Consumer protection also intervenes in private international law, with the Rome I regulation and Brussels I bis regulations being the main legal norms for consumer protection. In this work, I am mainly based on these regulations and also on the case law of the Court of Justice of the European Union, which bindingly interprets the provisions resulting from these regulations. This work answers questions: (i) Which contracts are covered by the protection provided for in Article 6 of the Rome I regulation and the section 4 of the Brussels I bis regulation and how does this protection manifest itself? (ii) How is the situation resolved in case of a change of a domicile or an unknown domicile of the consumer after the conclusion of the contract and (iii) what criteria are decisive when assessing the targeting activity of the entrepreneur on the Member State in which the consumer has habitual residence or domicile? The work is divided into six chapters. In the first chapter, I define basic terms: the obligation, the international element and...
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International insolvency law
Létavka, Matěj ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
International insolvency law Due to the broad scope of international insolvency law, the topic of the thesis is narrowed down to the issue of secondary insolvency proceedings within the meaning of the Insolvency Regulation. The aim is to answer the research question: is the regulation of secondary proceedings under the Insolvency Regulation suitable for achieving the objectives of ancillary proceedings, i.e. the protection of local and other interests and the efficient administration of assets, as well as for achieving the objective of the Insolvency Regulation, i.e. the efficient conduct of cross-border insolvency proceedings? The research sub-question of the thesis is: in what ways is the regulation of secondary proceedings in the Insolvency Regulation appropriate and in what ways is it inappropriate to achieve the objectives of secondary proceedings and the Insolvency Regulation? The author describes the key theoretical concepts, the historical development of European insolvency law and briefly the types of proceedings under the Insolvency Regulation. The main part of the thesis provides an analysis of secondary proceedings and its institutes. Attention is paid in particular to the initiation of secondary proceedings, coordination with the main proceedings, where the powers of the main...
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Applicable law in international investment arbitration
Honzová, Nikola ; Pauknerová, Monika (referee)
Author: Nikola Honzová Title of thesis: Applicable law in international investment arbitration This thesis aims to map the issues of applicable law in international investment arbitration from three perspectives: procedural law, substantive law and the possible application of european law. The thesis is divided into seven chapters. The first part, together with the second part, deals with the general theoretical background of international investment arbitration, with an emphasis on their nature and specificities. The third chapter aims to analyse international investment law and relevant sources of international investment law. The fourth chapter then deals with the applicable law from a procedural perspective, taking into account delocalization theory and seat theory. The fifth chapter maps the environment of applicable substantive law to investment disputes from two perspectives, namely whether or not a choice of law has been made. The sixth chapter maps whether european law is applicable in the international investment arbitrations given the special nature of the European Union. Finally, chapter seven reflects and summarises findings and, on the basis of these findings, the author of the thesis formulates her views on the issue.
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Adjudication as a method of dispute resolution in international construction projects
Dvořák, Jaroslav ; Klee, Lukáš (advisor) ; Pauknerová, Monika (referee)
Adjudication as a method of dispute resolution in international construction projects Abstract The subject of this thesis is an analysis of the use of adjudication as a relatively new, and in the Czech environment not yet well-studied, method of dispute resolution concerning a range of disputes arising between the subjects of contractual relationships in the field of construction projects containing a foreign element. The focus on so-called international construction projects reflects the current trend of expansion of construction entrepreneurs into foreign markets and the formation of multinational groups of construction entrepreneurs. This trend brings construction entrepreneurs into the environment of international business relations, where the presence of foreign element conditions the need to choose or determine the applicable law of a given contractual relationship using the conflict of laws principles. Adjudication is defined in this thesis as an alternative method of dispute resolution in which a dispute is submitted to an expert (or more often a group of three impartial and independent experts) specialized in the given area of the subject matter of the dispute, vested with the power (given by contract or by law) to decide the dispute between the parties in an interim binding manner while retaining...
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International contract of sale: Obligations of the seller
Horák, Martin ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
The thesis deals with the regulation of the seller's obligations in the Vienna Convention on Contracts for the International Sale of Goods. The Vienna Convention was adopted by the United Nations in 1980 and has since been ratified by 95 countries from around the world. It contains a unified substantive regulation of an international sales contract, which is the basic contractual type of international trade. With its content and popularity, the Vienna Convention represents the most important unification act in the field of international trade. The thesis aims to describe and analyse the regulation of the seller's obligations, which forms the central part of the Vienna Convention. The basic principle of the Vienna Convention is uniform interpretation, which ensures that it will be applied in the same way by courts and arbitral tribunals around the world. The thesis focuses on the identification of this unified regime and does so by analysing and comparing Czech and foreign literature and case law. The thesis is divided into three parts. The first chapter deals with the general characteristics of the Vienna Convention. The historical genesis of the Vienna Convention and the unification of international trade law are analysed. Furthermore, the substantive regulation and its relationship to the...
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