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The effectiveness of court jurisdiction agreements within the regime of the Brussels I. Regulation with respect to decision-making of the European Court of Justice
Vydrová, Jana ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
The purpose of this thesis is to analyze the extent of how have recent decisions of ECJ in cases Gasser, Turner and Owusu compromised the efficiency of jurisdiction agreements under Brussels I. Regulation. The main and most important aim of European Union, as a political and economic union, is facilitation of trade among Member States. Commercial transactions, especially in international framework are heavily regulated by contracts, wherein parties tend to regulate all potential issues in order to prevent applications of national laws. Therefore in international trade, the importance of party autonomy is even more significant than, in any other branch of contractual relations. One specific expression of party autonomy is incorporation of jurisdiction agreements into contracts, whereby parties determine which national court will have jurisdiction in the case of potential dispute. These so-called prorogation agreements are at the European level, regulated by Brussels I Regulation. However the ECJ has in several recent cases prioritized other principles, such as mutual trust and avoidance of irreconcilable judgements to the prejudice of party autonomy, which has together with very literal approach in construction lead to uncertainty in efficiency of application of jurisdiction agreements. This thesis...
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International arbitration and the Brussels' jurisdictional regime
Macháčová, Paulína ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
in English The purpose of this master's thesis is to analyse the interfaces between international arbitration and litigation within the Brussels' jurisdictional regime. Arbitration has always been excluded from the scope of the Brussels' regime. However, the exact scope of this exclusion was always unclear and subject to long lasting debates and disputes. The consequences of determining whether a certain issue falls within the exclusion or not are far reaching and may seriously jeopardise the enforceability of an arbitration agreement and the effectiveness of arbitration in general. The main problem connected with the uncertainty regarding the actual scope of the arbitration exclusion, is the risk of parallel proceedings and conflicting judgements. Firstly, this thesis provides a general characteristic of alternative dispute resolution with focus on international arbitration and sources of its regulation. The overview of the history of the arbitration exclusion follows in order to create a foundation for the following analysis of the exclusion itself. The core part of the thesis aims to determine the scope of the arbitration exclusion, mainly through the analysis of the CJEU's case law and relevant literature. Special attention is paid to the judgements on validity of an arbitration agreement and...
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judicial cooperation in civil and commercial matters
Králová, Tereza ; Grmelová, Nicole (advisor) ; Koucká, Jiřina (referee)
The Bachelor thesis deals with judicial cooperation in civil and commercial matters. The thesis is composed of 5 chapters. In the first chapter is the judicial cooperation described as the component of European private international law. The second chapter gives to the judicial cooperation the legislative basis in the primary law. The third and fourth chapter contains the legislation of judicial cooperation - Brussels convetion and so called Regulation Brussels I. The fifth chapter analyzes the dispute between ČEZ, a.s. and Horní Rakousy (Upper Austria).
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