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Prorogation and Arbitration Clauses in International Trade
Cibulková, Kristýna ; Pfeiffer, Magdalena (advisor) ; Růžička, Květoslav (referee)
The thesis is aimed at the prorogation and arbitration clauses in international trade. Its aim is to analyse the legal regulation of the clauses and requirements for them using the help of legislation, case law and both Czech and foreign relevant literature. In addition to the introduction and the conclusion of the thesis, there are eleven chapters analysing the issue. The first chapter deals with dispute resolution in international trade, and introduces prorogation and arbitration clauses as instruments by which the parties can determine how and by whom will the dispute between them be decided. Chapters two to six deal with prorogation clauses. First of all, sources of legal regulation of prorogation clauses are analysed. Further, the thesis analyses the formal requirements for the clauses and also the possibility of incorporating the clause into a contract from another document. There are also discussed some other features of the prorogation clauses, namely the certainty of the chosen court, the separability of the clause, the exclusivity of the clause, and the effect of provisions protecting the weaker party under the Brussels I bis regulation The following chapters seven to ten deal with arbitration clauses. Again, sources of legal regulation of arbitration clauses and arbitration proceedings...
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Mediation and its usage in labour law litigation and in employment issues
Čechová, Alena ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
Mediation and its usage in labour law litigation and in employment issues Abstract This thesis provides an insight into the field of mediation as an alternative method of dispute resolution. This method is approached through the optics of labour law litigation perspective which in the author's point of view offers a huge potential for further development. Even though the key point stands in the field of labour law, the whole thesis has an interdisciplinary design following the design of the method described. The interdisciplinary focus aims to the fields of psychology, sociology and philosophy. The thesis is divided into four main sections. Their composition follows the focus point from concrete to abstract concepts. The first part aims to integrate the field of labour law into the law system. The main focus is given to the dualism of the law system and the relation of the public and private law considering its relation to the labour law. The second part is devoted to conflicts and mainly reflects the symptoms of conflict and their classification. The negatives and positives of both are considered and discussed. The labour law disputes are highlighted as a typical example of a conflict. The third part describes possible solutions to the labour law disputes and then focuses on the presented method,...
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Online Dispute Resolution
Krejčí, Jan ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
This diploma thesis seeks to characterize and critically evaluate current development in the field of Online Dispute Resolution. In particular, interpreting international legislation focusing on present development and trends in this alternative dispute resolution, with help of Information and Communication Technologies. This thesis is divided into a total of seven chapters, which four of them are considered essential. The first is the second chapter, where the author of the thesis deals with the legislation of the Online Dispute Resolution in the Czech Republic. Secondly, the third chapter provides an explanation related to the domain disputes in the Czech Republic, the EU and the rest of the world. The fourth chapter deals with the development of legislative initiatives at the European Union level. Of particular note being, the European Union Regulation No. 524/2013 on online dispute resolution for consumer disputes. Further to that, chapter 5 deals with the activities of the The United Nations Commission on International Trade Law conducted by the third working group. In conclusion, the author notes that the main goal of the diploma thesis, namely the provision of an overview of the legislation of the Online Dispute Resolution, developing possibility of alternative dispute resolution, has been achieved.
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Alternative dispute resolution in sports at the international level with an emphasis on the Court of Arbitration for Sport
Mádl, Ladislav ; Balaš, Vladimír (advisor) ; Hamerník, Pavel (referee)
81 Alternative dispute resolution in international sport with the emphasis on the Court of Arbitration for Sport Key words: alternative dispute resolution, Court of Arbitration for Sport, UNCITRAL Abstract The goal of this thesis is to introduce basic methods for alternative dispute resolution currently available in the area of sport on the international level. First chapter deals generally about the term of alternative dispute resolution, reasons of its growing popularity particularly in the sporting sphere, its advantages and the perception of its use worldwide. The second chapter comprises a detailed analysis of now probably the most important institution in the field of alternative dispute resolution in sport, which is the Court of Arbitration for Sport (CAS) with its seat in Lausanne, Switzerland. After more than 30 years of its existence, this institution is already an established brand that offers solutions to disputes within sport, primarily through arbitration. This takes place either within the Ordinary Division or the Appeals Division of the Court. Detailed description of the proceedings in disputes of this kind is the main part of this chapter, supplemented with practical findings. Special branch of arbitration offered by CAS is the resolution of disputes on major sporting events such as the...
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Institutional framework of alternative dispute resolution in sport
Budilová, Denisa ; Beran, Karel (advisor) ; Wintr, Jan (referee)
DIPLOMA THESIS Denisa Budilová : Institutional framework of alternative dispute resolution in sport ABSTRACT The aim of this thesis is description and analysis of institutional framework, through which sport disputes are solved outside the State courts' jurisdiction. The thesis also delimits mutual relation between jurisdiction of sport organisations' bodies on one hand and State courts' jurisdiction on the other hand. The text is divided into seven chapters. A brief introduction is followed by second chapter, in which I focus on sport in general, its relations to law, I am exploring relations that may arise within the sport, and outlining on several examples what disputes may arise from those relations. Separate subsections are devoted to normative regulation of sport's relations and question of sports law. Third chapter is focused on Czech legislation on alternative dispute resolution in sport. I particularly deal with possibilities of alternative dispute resolution according to the Czech Arbitration Act (1994). The following section deals with dispute resolution based on sport associations' autonomy; I focus on current legislation and related case-law, as well as on proposed legislation to be enacted with respect to ongoing recodification of Czech private law. Fourth chapter provides an analysis of...
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Procedural aspects of mediation in EC law
Rivera, Eva ; Tomášek, Michal (advisor) ; Pauknerová, Monika (referee) ; Zavadilová, Marta (referee)
Procedural aspects of mediation in EC law Eva Rivera, 2011 1 Abstract The objective of this dissertation is the determination of the significance of procedural aspects of mediation and the answer to the question to what extent it has been considered within European Union law. The research is based on the assumption that the acknowledgment of a procedural relevance of mediation is crucial for its overall effectiveness. Mediation is besides its feature as a communication technique becoming ever more important as a dispute resolution procedure for civil and commercial conflicts in Europe. In this context the role of mediation within and in relation to other procedures for the resolution of disputes has to be considered. While on one hand the terminology and the differences between mediation and other forms of Alternative Dispute Resolution (ADR) as well as certain judicial attempts of settling disputes may not always be easily determined, on the other hand, it can be stated that the ADR form of mediation is beyond its early stages and clearly shows its own procedural relevance. The comparison of European national jurisdictions in the field of mediation leads to a core definition of mediation as a voluntary process where a third person without the authority to pass a binding decision over the dispute between...
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Arbitration proceedings as a means of dispute resolution in international law with regard to the recognition and enforcement of foreign arbitral awards
Petr, David ; Balaš, Vladimír (advisor) ; Macková, Alena (referee)
Arbitration proceedings as a means of dispute resolution in international law with regard to the recognition and enforcement of foreign arbitral awards Resumé Arbitration as a method of settlement of disputes settlement has enjoyed growing popularity in recent several years. Arbitration stands between other alternative means of dispute settlement and the common court trial as a alternative dispute resolution. Although negotiation, good offices, mediation, conciliation, inquiry, mini-trial, medarb or meadaloa are often used forms of the dispute settlement their awards cannot be enforced by the state authority. Those means are popular mainly in the business field where the parties are interested in the cooperation and where they aim to clear up some misunderstanding or technical problems rather than solve major disputes between them. While the dispute should be solved by the binding way the parties would choose the arbitration as a legally framed procedure. Arbitral awards are then able to be enforced and the parties also have more exact boundaries for the whole procedure. However, there is no unified definition of the arbitration, it could be described as a legal technique where the parties bring claim before one or more neutral persons (arbiters or arbitral tribunal) by whose award the parties agree to be...
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Legal protection of domains in relation to the right of indication
Feuerstein, Michael ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
Legal protection of domains in relation to the right of indication The aim of this master thesis is to provide information about the relation between domain names and law, with particular attention paid to rights of indication. The reader will become acquainted with the classification of domain names within the Czech legal system, their possible conflicts with different rights, and procedures which can be used for their protection. The thesis reflects changes caused by the new conception of private law and recent judicial decisions, mainly regarding alternative dispute resolutions. In order to understand this issue, it is also necessary to be familiar with the technical aspects of domain names and the Internet, and therefore this subtopic is included in the thesis as well. The thesis consists of four topical parts. The first one, which is made up of the second and the third chapter, deals with the functioning of the Internet and IP addresses, the registration process of domain names, and their composition, management and main functions. It is followed by the second part, which is represented by the fourth chapter, evaluating the position of domain names in the legal system of the Czech Republic, especially in terms of the question whether domain names are the subject of ownership or not. In this...
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Arbitration as a type of alternative dispute resolution.
Staňková, Monika ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This thesis deals with arbitration. The aim of the thesis is to determine whether arbitration has a future in of Czech Republic and whether it can compete with court proceeding considering its regulation in the Act on arbitration. The thesis enables the confirmation or disproof of hypotheses claiming that arbitration represents a parallel to dispute resolution in civil proceedings, that the amendment of the Act on arbitration from the year 2016 is a step in the right direction, and that general courts do not intervene in the arbitration proceedings. The diploma thesis is divided in two chapters, the first chapter discusses alternative disputes resolution and the second chapter analyzes arbitration. Within the second chapter, the attention is focused on the concept of arbitration, its contemporary regulation and types, arbitrability, arbitration ageement, arbitrator, principles, process and ending of arbitration.
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Alternative Dispute Resolution in the EU Internal Market through the SOLVIT Network
Zemenová, Tereza ; Grmelová, Nicole (advisor) ; Valenta, Petr (referee)
This Bachelor's thesis deals with alternative dispute resolution in the EU internal market via SOLVIT network. The aim of this work is to provide a comprehensive view of the functioning of SOLVIT mechanism and to clarify the way in which it can help citizens and undertakings that are adversely affected by unlawful decisions of national administrations which acted contrary to EU law. Emphasis is made on the structure of SOLVIT network, its activity, cooperation with the European Commission and its role in the context of other ADR systems. The last part of this work deals with analysis of the effectiveness of the mechanism.
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