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Alternative dispute resolution methods in business relationships
Šteflová, Iva ; Kotoučová, Jiřina (advisor) ; Pavlok, Jan (referee)
The diploma thesis is focused on alternative dispute resolution (ADR) in business relationships. The goal of thesis is to determine the term of alternative dispute resolution and to compare different approaches to regulation of mini-trial and mediation. The first part of thesis presents the term ADR and identifies its key characteristics. It points out the advantages and disadvantages of ADR and introduces institutions which concern with ADR. The attention is also aimed on arbitration and its relation to ADR. The second part of thesis deals with mini-trial. The description of its features is based on comparison of model rules provided by institutions which concern with ADR. The third part of thesis is focused on the most expanded method of ADR -- mediation. The attention is aimed at regulation trend within the European Union, legislation in the Czech Republic and Mediation Act Proposal. Closing part compares regulation of mini-trial and mediation and points out some of the debatable provisions of the Mediation Act Proposal.
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Alternative dispute resolution for domain names
Gongol, Tomáš ; Švarc, Zbyněk (advisor) ; Boháček, Martin (referee) ; Jakl, Ladislav (referee) ; Růžička, Květoslav (referee)
The thesis in its theoretical part deals with problem of a domain name and alternative dispute resolution definitions. The view on the domain name definition is described both in Czech legal order and the international context. Rules of registration and using domain names are defined not only by the state law but also and above all by private rules formed by generic and country code top level domain administrators. Analyses of these legal sources and theirs comparison is necessary presumption for legal discretion of further development. Missing legal definition causes many problems which are shown in the context of concrete court and administrative decisions in the Czech Republic. Especially important are relations between domain names and trade marks, trade names, right to protection of person and the law of unfair competition. For definition of an alternative dispute resolution a special method of Aristoteles' logical square was used and applied on conditions of disputes resolution. The object of interest in the second practical part of the thesis is a legal regulation of .eu domain names. After necessary definition of legal sources, especially on secondary law level of the European Community, follows in practical part analysis of decisions concerning .eu domain name disputes issued by alternative procedure provided by the Czech Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, in the year of 2007. Essential part of this analysis is formation of domain name "case law".
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Analysis on Debt Collection Effectiveness
Nosková, Veronika ; Šíma, Josef (advisor) ; Koblovský, Petr (referee)
This thesis deals with performance of law protection function and a subsequent recoverability in the field of debt collection. The subject of this work is to compare debt collection effectiveness via judicial proceedings and private entities. Exercise of judicial power is one of the basic functions of the State; however, given the knowledge of the low success of the recovery procedure, it is extended to alternative methods of dispute resolution. Private executors focusing on exercising judicial power, debt collection agencies dealing primarily with extrajudicial debt collection and arbitration facilitating extrajudicial dispute resolution by means of independent arbitrators all provide other means of law enforcement. This work focuses on and analysis of the above mentioned systems and comparison of their effectiveness with regard to their efficiency and success when attempting to protect creditors' rights. The aim of the mentioned comparison is to prove a debt collection efficiency increase caused by an entry of private entities into the market (alternative ways of dispute resolution).
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Alternative dispute resolutions in trade relations
Štávorská, Zuzana ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This thesis discusses the alternative dispute resolution methods in trade relations. The main objective of this thesis is to describe and analyze ADR as a group of methods used to resolute disputes with focus on two main methods - mediation and arbitration. My objective is to describe the main principles of ADR, to compare their main advantages and disadvantages and to analyse the process of resoluting disputes by these methods. Another objective is to evaluate and analyze the development of ADR in the Czech Republic, their legal regulation and its current status. A short part of the thesis concerns about regulation of mediation in the EU and the analysis of implementation of the European Parliament and Council Directive 2008/52/EC dated May 21, 2008 to national legislation. Thesis is divided into five separate chapters. The first, introductory chapter only briefly discusses about dispute and conflict and ways they can be solved. The second chapter already characterizes ADR as a group methods of dispute resolution, its main principles, advantages and disadvantages and finally briefly describes some of the ADR. The third and fourth chapter focuses on the mediation, its principles, advantages, disadvantages, the mediation process and mediator. It monitors the development of mediation in the Czech republic and the current situation in the legal regulation of mediation in the country. The last chapter deals with arbitration. It describes its basic principles, advantages and disadvantages again. The conclusion discusses the czech Arbitration law and the forthcoming amendment.
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Arbitration in business practice
SEKANINOVÁ, Božena
The aim of this work with a title Arbitration in business practice was analyzed legal regulation of arbitration and its implementation in business practice, specified problems and proposed appropriate amendments to legislation. The introduction defines the notion of arbitration, describes the history of arbitration, the advantages and disadvantages and discusses current arbitration law. The practical part is focused on arbitration in disputes of consumer credit loans. There is description of the arbitration in financial company, is analyzing the financial performance of arbitration compared with a judicial proceeding, is resolved the status of permanent arbitration court and arbitration center, and ultimately are defined the changes in existing legislation.
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Arbitration
Braunová, Petra ; Švarc, Zbyněk (advisor) ; Kotoučová, Jiřina (referee)
The main aim of this bachelor thesis is to characterize the essence of arbitration and to clear up all the main problems connected with arbitration. First few chapters are focused on the history of arbitration, legislation of arbitration, arbitration agreement and the position of arbitrator. Second part of this thesis is about arbitration proceedings and it also includes summary of the main pros and cons of arbitration.
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Arbitration: The new way of dealing business disputes
Friedel, Lukáš ; Kotoučová, Jiřina (advisor) ; Kropáčová, Marie (referee)
The Master thesis describes comprehensively attributes and operating of arbitration in the Czech Republic which has acquired significance recently. The work is divided into eight chapters. After exordium I make readers acquainted with alternative dispute resolution, e.g. mediation. The third chapter characterizes arbitration and describes history, sources of law, types of arbitration and capability of arbitrator in the Czech Republic. The fourth part deals with the arbitration agreements and their requirements. The fifth chapter is dedicated to its particular stages and revision, recognition and enforcement of the arbitral awards in order to provide the reader an complex overview of the the arbitration proceedings. In the sixth section, the author tries to define advantages and disadvantages of this method of solving disputes and to answer question why we should choose it. The seventh chapter adds a special current issues devoting an arbitration clause on consumer contracts. In the last chapter author concludes the topic and suggests improvements.
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Analysis of out-of-court disputes of consumer
Zajícová, Jana ; Horová, Olga (advisor) ; Koblovský, Petr (referee)
Diploma thesis deals with the possibility of consumer dispute resolution outside the courts and its emphasis on functional approaches in the Czech Republic. Is described the Project of the Ministry of Industry and Trade for Ensuring Out of Court Settlement of Consumer Disputes which presents new opportunities for Czech consumers. The analytical part of the work represents an analysis of the functioning of the two-year pilot phase of Project, an evaluation its results on the basis of statistical data on the number of complaints, on the basis of results of ADR questionnaire and on the basis of results of questionnaire surfy aimed to general awareness about the Project. Obtained data are evaluated and suggested solutions to improve the operation of the Project.
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The arbitration: Comparison of legal regulation in the USA and the Czech Republic
Klobušníková, Ivana ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The thesis deals with the area of questions regarding the law and practice of arbitration in the USA and the Czech Republic. The author aims to reflect the most significant differences between both legal systems that lead to the fundamentally different approaches to the arbitration in both countries. The paper is divided in seven chapters. The first two chapters describe the principles and law of arbitration both in the USA and Czech Republic. Third chapter deals with the problem of arbitrability of the dispute. The arbitration agreements and their essentials are considered in the fourth chapter. The fifth chapter has been dedicated to the arbitration proceedings and its particular stages with the aim to provide the reader with the complex overview of the course of the dispute. In the sixth chapter, the author analyzes revision, vacation and enforcement of the arbitral awards, whereas chapter seven is dedicated to the special issues such as interim measures, the application of the res iudicata principle, waiver of right to arbitrate and arbitrability of disputes arising of employment and consumer contracts.
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The protection of property rights in the Czech Republic: public judicial system versus private alternatives
Černá, Michaela ; Šíma, Josef (advisor) ; Munzi, Tomáš (referee)
This diploma thesis focuses on relation between state and private system of debt collection. The first part of this paper briefly describes traditional role of the government in general and deals with question if it is possible to establish competition into the justice. The second part describes and analyzes four different systems of debt collection in the Czech Republic -- execution procedure by public judicial system, by judicial officer (for-profit alternative), by arbitration court and by collection agency. In this part there are also described mechanisms of how four different systems work. The analysis of efficiency of four systems arises from comparison different motivation and mechanism used by representatives of systems. The aim of this paper is to monitor present condition in the market of debt collection in the Czech Republic and to demonstrate if the protection of property rights changed by the entrance of non-state alternatives.
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