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An arbitration clause for international commercial arbitration and its impact upon presumed arbitration proceedings
Plánička, Ondřej ; Růžička, Květoslav (advisor) ; Horáček, Vít (referee)
62 International arbitration clause for international commercial arbitration and its impact on the possible following arbitration proceedings The purpose of my thesis is to generally describe and analyze position of the arbitration clause in international business arbitration. Due to the significant prestige of the international arbitration as one of the methods of alternative dispute resolution I found interesting to inspect the impact of the arbitration clause on the possible following arbitration proceedings. Main goal of the thesis is to analyze possible modifications of wording of the arbitration clause in comparison to the alternations of the proceedings. Since the thesis is focused on the international arbitration as the keystone of the governing arbitration rules were considered corresponding parts of the Czech legislation as well as the rules issued by the leading institutions on the field of international arbitration, such as the International Chamber of Commerce or London Court of International Arbitration. Body of the thesis is divided into six chapters going from its very beginning to the end through the drafting process of the arbitration clause. At the beginning are elaborated main principles and essentials of the arbitration clause, such as types of clauses, necessary, recommended and...
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Changes and claims under FIDIC commercial terms in the context of the Civil Code and public procurement law
Mundl, Petr ; Klee, Lukáš (advisor) ; Růžička, Květoslav (referee)
Changes and claims under FIDIC commercial terms in the context of the Civil Code and public procurement law FIDIC commercial terms are one of the most popular commercial terms in construction all over the world. Its regulation of Variations and Claims during the constructions works is certainly very important for successful progress of the construction. However, in the context of the Czech Civil Code and public procurement rules, there can raise issues of applicability of such regulation under FIDIC in Czech law environment and also compliance with public procurement regulation. The aim of this thesis is an analysis of applicability of Variations and Claims under the FIDIC regarding to the Czech Civil Code and public procurement rules. After an introductory part, the thesis is divided into four main chapters. The first chapter describes the FIDIC Federation and history of its commercial terms. The second chapter outlines basic description of Variations and Adjustments and Claims and connected questions including the procedure issues. Following two chapters are the main parts of the thesis. The third chapter is focused on Variations and Adjustments and Claims under the FIDIC commercial terms regarding the Czech law environment and recently adopted Civil Code. The last chapter is focused on public...
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Private international law in a comparative perspective. Inheritance in private international law under Czech and French law
Joklová, Andrea ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
- 67 - International Private Law in Comparative View Successions in International Private Law according to Czech and French Law The aim of this thesis is to compare the Czech and French rules of international private law in the matter of successions and wills. The theme is therefore interesting that an EU-regulation is being prepared. Apart from the introduction and the summary, the thesis is divided into two parts. The first refers to the general dispositions of the international private law in the both states, the second deals with the subject itself, namely the successions in the international private law. The first part, as well as the second, is introduced with an explanation of the most important and in the worksheet the most commonly contended terms related to the general issues of the international private law in the first case, and the particular issues concerning the international successions in the second case. The first part then involves a short conclusion of the common historical events leading to similar law culture of the both states. Later it is followed by an exposé presenting the relations regarded as international-private relations according to the both states ruling. the forth chapter deals with the nature of the international private law and its position in the legal order of the both...
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