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International commercial arbitration
Kyselová, Tereza ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The purpose of my thesis is to analyse one of the most used type of extrajudicial procedures, the International commercial arbitration. The reason for my research is the progress and elevation of use of the arbitration and not only on international field. The thesis is composed of six chapters, each of them dealing with different aspects of Arbitration. Chapter One is introductory and defines basic terminology used in the thesis. The chapter is subdivided into two parts. Part One describes international arbitration and domestic arbitration and explains differences between them. Part Two deals with the question of arbitrability in Czech Republic and in different countries. Chapter Two is subdivided into five parts and provides an outline of permanent court of arbitration. Part One illustrates the approach to Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic. Part Two looks at Court attached to International Chamber of Commerce in Paris. Part Three describes International court attached to Vienna International Arbitration Centre. Part Four looks at Slovak arbitration court in Bratislava and the last part deals with the oldest arbitration court, The London Court of International Arbitration. Chapter Three examines relevant Czech and...
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Topical issues of European insolvency law : (the issues of COMI and insolvency of groups)
Vančíková, Miroslava ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
Topical issues of European insolvency law The thesis deals with COMI issue according to European Insolvency Regulation (1346/2000 EC) in connection with insolvency of group of companies. It analyses the interpretation of COMI concept under current wording of Regulation and fundamental decisions of the Court of Justice of the European Union. It advocates the motion to determine the COMI of companies based on irrebuttable presumption of COMI in the place of registered seat. Further, the thesis concerns with current proposals for amendments to Regulation relating to COMI definition and insolvency of company groups and evaluates their benefits and drawbacks.
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Resolving investment disputes from the perspective of case-law of international arbitration courts
Heřmánková, Gabriela ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
1 Resolving investment disputes from the perspective of case- law of international arbitration courts The purpose of my thesis is to analyse actual questions of international investment dispute resolution. In this research I would like to stress the differences between the institutional investment arbitration and the ad hoc investment arbitration while focusing on the ICSID Arbitration according to The Convention on the Settlement of Investment Disputes between States and Nationals of Other States followed by the Rules of Procedure for Arbitration proceedings and on the ad hoc arbitration according to the 1976 - UNCITRAL Arbitration Rules, as these two proceedings represent the most common modes of international investment dispute resolution. All my findings are going to be supported by relevant case-law of individual arbitration courts or by specialized publications. The thesis consists of three chapters. Chapter One is introductory. It contains a simple analysis of what an international investment dispute means. This introduction is followed by a brief description of the history of international investment dispute resolution and of the modes of an international investment dispute resolution. The findings of this chapter are based on the comparison of provisions of the bilateral investment treaties...
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The european enforcement order and the european order for payment in the context of czech legislation
Duffek, Lukáš ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
This rigorous thesis deals with the European enforcement order and the European order for payment in the context of Czech legislation. Taking into account that the regulation regulating the European enforcement order as well as the regulation regulating the European order for payment came into force quite recently, the topic of the thesis can be considered as very actual. The main purpose of the thesis is to explain the legal basis for the application of the European enforcement order and the European order for payment under the Czech law, describe the development of both instruments and then analyze some practical aspects related to their use in practice. The author of the thesis also outlines the regulation of both instruments under the Czech legislation; and in relation to the key aspects there is a comparison of the Czech and the EU regulation. This rigorous thesis is based on the use of the methods of description, comparison and analysis.
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Companies and their mobility in the European context
Belloňová, Pavla ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee) ; Poláček, Bohumil (referee)
With regard to the gradual economic globalisation markets of States become more and more interconnected, especially so in the European Union which aims to create a single internal market without internal borders and barriers to the free movement of goods, persons, services and capital. Naturally, it influences behaviour of economic participants on the market. With increase of competition it is necessary to be more innovative, active and to search for new opportunities for expansion not only in one's own State but also abroad which entails entering into relations with foreign entities. In the course of time it might be useful or even necessary to relocate the place of business. Such need might not and, indeed, does not concern only natural person but also legal entities such as companies. However, the status of companies in cross-border relations has some specific features in comparison to the status of natural persons. A company is only an artificial product of law, a mere legal fiction, and therefore, its existence is much more closely linked with a specific legal order. A company has legal personality only insofar as some legal order acknowledges it. Different approaches how to link a company to a certain State have been evolved in different States - either the connecting factor is the statutory...
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Bills of Lading and other Shipping Documents in the International Maritime Transportation
Zavadilová, Kristýna ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
(EN): Bill of Lading and other Shipping Documents in the International Maritime Transport Main aim of this thesis is an introduction to the law regulating shipping documents used in the international maritime transport and summary of current and possible future development in this area of law. The relationships arising from issuance and handling with the shipping documents may be quite complicated and the purpose of this thesis is to present these issues that have not been explored deeply in the Czech Republic yet. The original reason that led me into choice of this topic is my personal interest in international trade, ships and securities. The shipping documents enable smooth operation of the international transport and the international transport facilitates the international trade as such. At present, almost all goods at the market are being shipped via ocean during their way to the final customer. The entire movement of goods via ocean is being conducted under shipping documents and the significance of the shipping documents is therefore considerable. As a result of speed and volume sprout of the transport during last two decades, as well as growing popularity of door-to-door multimodal transport and computerization of all data and documents in general, the transport documents are undergoing...
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Lex causae of consumer contracts with international element
Bambulová, Barbora ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The thesis is based on the previous work of the author written as a thesis to terminate undergraduate studies in law. In the beginning, it covers two main sources of the EU law regarding the lex causae of contracts with an international element in the area of civil and commercial obligations, i. e. The Rome convention and the Rome I Regulation. In order to better capture the evolution in determination of the lex causae in commercial and civil contracts with an international element, the author introduces first the former and consequently in a comparative way, also the latter. Since this part of the thesis is presented in more general way, it follows that the author deals with the particular issue of consumer protection in the second part. The second part of the thesis covers the issue of consumer contracts as regards the Rome convention and the Rome I Regulation. While generally, contracts are characterized by their nature of performance, in the case of consumer contracts, it is the nature of contractual parties which is decisive. Regarding the consumer contracts, the author analyses the basic terminology of therein in the Czech and the EU context and also indicates possible linguistic problems. Furthermore, the author focuses more in detail on the Consumer Rights Directive which revises by the...
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Damages under the United Nations Convention on contracts for the international Sale of Goods
Veselý, Tomáš ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The recent decades have seen a steady growth of international trade of goods. In order to harmonize the legal environment concerning this materia, attempts for unification of international sales law have been made. In the field of sales of goods, several international instruments have been adopted. These include the (unsuccessful) Convention relating to a Uniform Law on the International Sale of Goods, the model laws, i.e. the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law, and, most notably, the UN Convention on Contracts for the International Sales of Goods (CISG). This master's thesis aims to explore one type of remedies for non-performance under the CISG, namely provisions on damages. In a great detail, articles 74, 77, 79 and 80 will be analysed. First, a detailed commentary on two major prerequisites for liability for damages, i.e. causation and foreseeability, will be given. The various factual and legal causation theories will be described. Then it will be demonstrated why it is just and useful that the CISG contains a provision for limiting liability to foreseeable loss and how foreseeability is measured. We will then move to another method of limiting damages - mitigation rule. It will be shown why it is in the aggrieved party's best...
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Intermediated Holding of Securities: dispositions, conflict-of-laws issues, public policy aspects
Vondráček, Ondřej ; Brodec, Jan (referee) ; Elek, Štefan (referee)
Doctoral thesis: Intermediated Holding of Securities: dispositions, conflict-of-laws issues, public policy aspects (Mgr. Ondřej Vondráček Ph.D., LL.M) ABSTRACT This thesis analyses the dynamic aspects of intermediated holdings of securities. It deals with issues concerning legal relations which stem from the circulation of intermediated securities. The first part maps voluntary and involuntary dispositions with intermediated securities. In the framework of voluntary dispositions it describes rules concerning transfers of intermediated securities - both stock market and over-the-counter (OTC) - as well as collateral arrangements comprising intermediated securities. The second part concentrates on the aspects of private international law of dispositions with intermediated securities, and in particular on difficulties with localisation of intermediated securities and accounts where they are recorded. The third part examines public policy aspects of intermediated holdings. It asks whether the theory of incorporation of the right in a certificate applying to directly held certificated equity securities - which allows their holder to hide their identity - contributes to negative social effects, like corruption, tax evasion, conflict of interest or money-laundering. The first two parts are based on an identical...
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Forum Shopping within the European Regulation on Insolvency Proceedings
Simčina, Michal ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
67 Abstract The topic of this diploma thesis is "Forum Shopping under European Regulation on Insolvency." The forum shopping means deliberate transfer of court proceedings from one EU member state to another under the regulation of EC Council No. 1346/2000, on insolvency proceedings. Forum shopping has been immensely developed recently which is evidenced by the fact that British courts have been facing motions for insolvency proceedings regarding debtors with major link to a non-UK country. I have chosen this topic because forum shopping often happens in real word and Czech expert literature keeps quite on this topic. The Regulation on Insolvency is linked to partly universal effect within the European Union. This means that insolvency proceedings in one Member state will be effective in other member states as well. The insolvency proceedings is commenced in the member state of the debtor's centre of main interests. COMI as a basic building stone of the Regulation is not precisely expressed, and only a partly construction served by the Court of Justice of the European Union leaves door open for large forum shopping evidenced by abundant decision making by the Court of Justice of the European Union and national courts of member states. Forum shopping is furthered by mutual recognition of decisions in terms...
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