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Recognition and Enforcement of foreign arbitral awards in the Czech Republic and in the United States of America
Braborec, Jan ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
Recognition and Enforcement of foreign arbitral awards in the Czech Republic and in the United States of America Abstract This rigorous thesis deals with the topic of recognition and enforcement of foreign arbitral awards, and the issues are illustrated by the legal regulations of the Czech Republic and the United States of America. The aim of the thesis is to clarify the issue of recognition and enforcement of foreign arbitral awards in both countries, to define their legal regulations and to point out their common and different features in the field of grounds for refusal to recognize and enforce foreign arbitral awards and in the process of such recognition. Apart from the introduction and the conclusion, the present rigorous thesis is divided into five separate chapters. The first chapter deals with the definition of arbitration in the ADR system and points out the advantages and disadvantages of the arbitration as compared to the proceedings at state courts. The author defines the concept of an arbitral award or a foreign arbitral award within all the relevant regulations in the next part. The second chapter deals with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The author discusses the individual provisions of the Convention, taking into account their substantive...
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International arbitration
Braborec, Jan ; Pfeiffer, Magdalena (advisor) ; Klee, Lukáš (referee)
International arbitration The purpose of the thesis is to determine the role of international arbitration in the system of domestic law, discuss the basic aspects of its character and show its relation to the decision-making practice of the European Court of Human Rights and to the Czech law. The methods used in the thesis are mainly legal-analytical, descriptive and comparative. Besides the introduction and conclusion, this work is divided into four main sections, which are further divided into subsections. The first chapter is devoted to alternative dispute resolution and its relation to the arbitration. There we find an explanation of the concept itself, the list of reasons for the exclusion or inclusion of arbitration into this system, and last but not least, the advantages and disadvantages of this method of dispute resolution, which are described for better clarity on the most frequently used method of alternative dispute resolution in Czech Republic, i.e. mediation. The following chapter focuses on the general specifics of the arbitration proceedings, which are common to the national and international arbitration. First part of this chapter is devoted to the European Convention on Human rights and its Article 6 paragraph 1, which guarantees the right to a fair trial, and to its application on the...
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