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Insolvency Proceedings and International Commercial Arbitration
Biolek, Vít ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee) ; Grmelová, Nicole (referee)
Insolvency Proceedings and International Commercial Arbitration Abstract This dissertation examines the consequences of the commencement of insolvency proceedings on the conduct of international commercial arbitration. It analyses and compares the theoretical principles of cross-border insolvency, on one hand, and international arbitration, on the other hand, as well as their mutual interaction. It describes legal instruments of both systems, with an emphasis on their interlinking elements. It examines to what extent insolvency proceedings interfere with the principle of party autonomy as a fundamental principle of international arbitration. The dissertation defines the recognition of a foreign insolvency decision as a key element of arbitrators' course of action after the commencement of insolvency proceedings against one of the parties to the dispute. An important part also comprises analysis of the procedure for determining the law applicable to the effects of insolvency proceedings on international arbitration. After these general parts, the dissertation deals with the effects of the insolvency proceedings on various individual aspects of arbitration. It examines whether and in what way the arbitration agreement is affected, whether it can be terminated and under which law. As the procedural capacity of...
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UNCITRAL Model Law on Cross-Border Insolvency
Biolek, Vít ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
This work focuses on cross-border insolvencies, namely on the UNCITRAL Model Law dealing with cross-border insolvency. It analyses the structure of the Model Law and its various institutes while taking into account the relevant jurisdiction. The cooperation and coordination process between the courts and insolvency administrators is seen as a particularly promising area. Emphasis is placed on the relationship between the Model Law and European Law, in particular on the Regulation No. 1346/2000 and No. 2015/848. The Model Law and both Regulations are compared based on the comparison of individual institutions by analysing their conceptual and substantive differences and by outlining different functions in practice. The limits of national legislation are demonstrated by comparing the laws of the states which have not adopted the Model Law (Czech Republic, Germany, France and China), with the opportunities offered by the Model Law. The Czech and Ukrainian Laws of the international insolvency de lege lata are compared with the hypothetical status that would have arisen when the Model Law is applied in both countries, including practical examples. Also the current trends related to the cross-border insolvency law are outlined, as significant expansion of cross-border insolvency agreements is expected.
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