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International Court Jurisdiction in Contractual Disputes
Vraspír, Filip ; Zavadilová, Marta (advisor) ; Brodec, Jan (referee)
International Court Jurisdiction in Contractual Disputes Abstract The master thesis deals with the topic of international jurisdiction in contractual disputes with an international element. The aim of the thesis is to describe and analyse the legal framework of the topic at the level of national legislation, the rules in some international treaties and, in particular, the Brussels I Recast Regulation, which is the most important legal instrument of this framework from the point of view of persons living or domiciled in the territory of the European Union. A partial objective of the thesis is also the analysis of certain rules of international jurisdiction in contractual disputes in terms of their exorbitance, which may result in the refusal to recognise and enforce a foreign judgment. The first chapter of the thesis aims at describing the relevant rules for establishing the jurisdiction of courts in contractual disputes with an international element on the basis of national rules in the Czech Republic and the United Kingdom. It also compares these rules with each other and with the rules on international jurisdiction in the Brussels I Recast Regulation. The chapter also introduces the Hague Conference project on the unification of the rules for the mutual recognition and enforcement of foreign judgments, of...
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Precontractual liability in obligations with an international element
Černá, Kristýna ; Bříza, Petr (advisor) ; Brodec, Jan (referee)
Precontractual liability in obligations with an international element Abstract The thesis deals with the issue of precontractual liability in contractual relations with an international element. The focus is mainly on an analysis of the approach of selected foreign legal systems, namely Germany, the United Kingdom, the United States of America and Ukraine, but also on unification efforts aimed at bridging the differences between the individual national regulations. Precontractual liability is a very complex legal institution. While Czech law is relatively detailed in this respect and no major problems arise, the application of culpa in contrahendo in international trade practice still raises more questions than answers. The application of the concept in the international environment is problematic mainly due to the different conceptions of culpa in contrahendo in individual countries. Most striking is the difference between the approach taken by continental and common-law legal systems, respectively. Common law, which does not recognize precontractual liability as a legal institution at all, works with the doctrine of promissory estoppel, which in some situations is able to replace the missing institution of culpa in contrahendo. Of course, the conflict-of-laws rules on precontractual liability also differ,...
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International aspects of Czech public procurement
Sommer, Lukáš ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
International aspects of Czech public procurement Abstract This thesis focuses on international aspects of Czech public procurement. In the international area the Czech public procurement act determines the process how to establish decisive legal system governing the mutual public tender procurement of contracting authorities from different states of European union (one of them is obliged to act in accordance with Czech public procurement act) - cross border joint procurement, contains exceptions which can be used by the contracting authorities to act outside the regulation of this act, but in accordance with the rules of the international organizations and finally includes institutes which can affect foreign economic operators, from the area of possibility of foreign economic operators to participate in the public tender and from the area of qualifications which has to be proven by them. By the analysis of the appropriate provisions of the Czech public procurement act, judicature, law of European union and other sources I came to the conclusion that Czech public procurement act includes adequate institutes to be used when foreign economic operators participate in Czech public tender with international impact (with the correctives of behavior without discrimination and equal treatment), when Czech...
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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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International commercial arbitration
Javořík, Dominik ; Bříza, Petr (advisor) ; Brodec, Jan (referee)
1 International commercial arbitration Abstract The aim of this paper was to analyse the concepts of "arbitrability" and "kompetenz- kompetenz" as institutes of arbitration. For a better and deeper understanding of the essence of these concepts, both foreign and domestic regulations were deliberately compared. Although in many respects these concepts are interpreted in a similar manner across a wide range of jurisdictions, differences can be found, the source of which will have to be discovered in the first instance within traditions, legal culture, and sometimes religion or political regime. It is not in the power of even such greats as Born or Fouchard to present the entire issue to the reader in full, simply because of the fact that these terms are used almost universally and in many ways will be variable in place and time. In the first part, I dealt with the concept of international commercial arbitration itself, to which was linked a passage on sources of law. The purpose was to brief the reader on the most important sources at the international level, which are key guides for the regulation of arbitrability and the doctrine of competence-competence. I still find important the fact that many countries have claimed an exception that creates the possibility for them for an incomplete application of the...
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The principle of Kompetenz-Kompetenz in International Commercial Arbitration
Šímová, Lucie ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
The principle of Kompetenz-Kompetenz in International Commercial Arbitration Abstract This Thesis analyses the Kompetenz-Kompetenz principle in the system of International Commercial Arbitration. The principle itself is described, and different approaches toward the Kompetenz-Kompetenz doctrine in International Commercial Arbitration are analysed in various international documents. Based on such observation, negative and positive effects of the principle are studied, just as much as its connection to the Separability of an Arbitration Agreement. In the latter part of this Thesis, the applicability and use of the Kompetenz- Kompetenz principle in the Czech Republic are observed and analysed. Finally, this thesis aims to discuss possibilities for the best practice for the application of the Kompetenz- Kompetenz principle in International Commercial Arbitration. A possibility of de lege ferenda suggestions is offered as well. The initial research question can be determined as follows: How can the Kompetenz-Kompetenz principle be applied in International Commercial Arbitration proceedings for the greatest mutual advantage and fairness of all parties, and is such a solution even possible? For this purpose, the analytical, comparative and descriptive methods shall be applied in this Thesis. The first chapter...
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Institutional arbitration
Šťástková, Andrea ; Brodec, Jan (advisor) ; Zavadilová, Marta (referee)
Institutional arbitration The topic of this diploma thesis is arbitration, in particular one of its types known as institutional arbitration that exists next to ad hoc arbitration. The diploma thesis concentrates on the comparison of arbitration in the Czech Republic and Finland. The subject of comparison is the legal framework applicable to arbitration in these two countries. The main focus of the diploma thesis is on the comparison of the Rules of the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic with the Rules of the Finnish Arbitration Institute. The aim of the diploma thesis is to find out similarities as well as differences in the legal framework in Czech Republic through the comparison of selected institutes. The author of the diploma thesis tries to find an answer to the question, whether are both selected countries equally pro-arbitration. The diploma thesis is divided into seven chapters, which are further divided in subchapters. The content of each chapter can be found below. The first chapter describes the history of arbitration in the territory of today's Czech Republic. In the second chapter, the concept of arbitration, international arbitration and international commercial arbitration are explained....
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Cross border insolvency law
Kunštát, Karel ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
This diploma thesis entitled "Cross border insolvency law" is focused on the issue of international jurisdiction to open insolvency proceedings with a foreign element and on related topics, such as the concept of COMI and its interpretation. The thesis then contains relevant theoretical and regulatory milestones in the development of cross-border insolvency law and its approach to determining the international jurisdiction. The core part of the thesis is to answer these questions 1) what are the characteristics of cross-border insolvency law used within the EU 2) how does the European law view the concept of international jurisdiction 3) from a practical point of view how is the decision on international jurisdiction to initiate main insolvency proceedings made 4) and finally which components are central for the determination of COMI. To answer these questions, this thesis examines the legislation at the European and national level, its development and interpretation by jurisprudence. Great deal of attention is aimed at the Council Regulation (EC) No. 1346/2000 on insolvency proceedings and the new Regulation (EU) 2015/848 on insolvency proceedings, which focuses on strengthening the internal European market by introducing a more comprehensive insolvency solution in the European Union. Therefore it...
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INCOTERMS: Standard delivery terms in international commerce
Hanák, Konrád ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
INCOTERMS: Standard delivery terms in international commerce, abstract, key words Abstract: This thesis discusses Incoterms rules published by the International Chamber of Commerce. Incoterms standardize interpretation of delivery terms used in contracts for the international sale of goods. These delivery terms regulate some of the obligations of the seller and the buyer in contracts of sale. Incoterms include interpretation of eleven different delivery terms, which are divided into several groups. The thesis introduces Incoterms as means of contractual regulation in international trade. For that purpose, Incoterms are firstly examined as instrument of soft law, then their origin, form, content and development are looked into. This thesis also addresses different reasons for application of Incoterms to legal relationships as a soft law instrument and refers the conditions for such application. Following this introductory first chapter, the thesis then discusses some of the conditions of sales transactions, which are included in Incoterms. These conditions concern delivery of goods, transfer of risks and transport of goods. Secondary obligations of the contracting parties regulated by Incoterms are mentioned in connection with these main topics. These matters are presented particularly to provide a...
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Variation of obligation envisaged in construction contract
Táborský, Arnošt ; Klee, Lukáš (advisor) ; Brodec, Jan (referee)
Thesis title: Contractly anticipated obligation changes of construction contract Abstract This thesis aims to provide a comprehensive evaluation of obligation changes in construction contracts for investors from both private and public sectors with regard to the decision-making activities of control and judicial bodies. Furthermore, its purpose is to determine the good practice of obligation changes in construction contracts. The first chapter describes the general regulation of the obligation law, contract for work and special modifications to the construction contract. All of the above is regulated in the Civil Code. The next chapter deals with the regulation of public procurements where the development of current legislation is described. This legislation is based on the case law of the European Court of Justice, especially in the Pressetext judgment. Furthermore, the chapter addresses current opinions on obligation modifications to public procurement. The thesis further describes individual change processes of commonly used model contractual standards - Red and Yellow Books issued by FIDIC international organizations. These mechanisms include variations - necessary changes to the work and value engineering that improve the work or are otherwise beneficial to the ordering party, based on the experience...
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