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Expert in international commercial arbitration and investment disputes
Gregor, Lucie ; Růžička, Květoslav (advisor) ; Ondřej, Jan (referee) ; Kunz, Oto (referee)
This Dissertation is focused on issues concerning the position of an expert in international arbitration proceedings and in international investment disputes. Unlike proceedings conducted before general courts of law, arbitration proceedings have a number of advantages, and therefore they are used very often to resolve disputes in this area, and arbitration proceedings are used almost exclusively with regard to resolution of disputes relating to international investments. The aim of the Dissertation was an analysis of dispute resolution in arbitration proceedings from the expert's point of view and the expert's position in this procedure. It is without any doubt that experts can help arbitrators to reach a qualified resolution of disputes in a significant way. At first, the Dissertation deals with general and historical issues, such as comparison of methods of dispute solution where an international element appears, in both arbitration and judicial proceedings, and it lists the advantages of arbitration proceedings as well. After specification of the term "expert", the Dissertation provides a view into the expert's profession history in the territory of our country and into its legal regulation. With regard to our membership in the European Union it is, of course, necessary for the Dissertation to...
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Applicable law in international arbitration
Achour, Gabriel ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
The aim of this thesis (The Applicable Law in International Arbitration) is a general and comprehensive introduction of applicable laws in international arbitration. At first the characteristics of arbitration and its differentiation from litigation and other alternative dispute resolution are introduced as well as theories of arbitration as such. In its second and main part this thesis presents various legal systems, which may acquire the status of the law applicable to a particular phase or aspect of international arbitration. Firstly, the effect of lex arbitri on arbitration is discussed. Furthermore, this thesis discusses the effect of lex loci executionis on the recognition and enforcement of an arbitral award. The thesis also focuses on lex causae and both alternatives of its choice, i.e. to the parties choice of lex cause and to the absence of its choice. Arbitration agreement, particularly in relation to its separability from the underlying contract, as well as its relation to the arbitrability is explored in following part of this thesis. Last but not least this thesis takes into consideration the possibility of application of non-state normative systems in international arbitration.
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Legal Regulation of International Arbitration Procedure in the Czech Republic and Argentina
Milerová, Sylvie ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
Legal Regulation of International Arbitration Procedure in the Czech Republic and Argentina The purpose of my thesis is to describe the legal regulations of international arbitration in the Czech Republic and Argentina, find the differences between them and draw appropriate conclusions. The thesis begins with an introduction, where I outline the reasons why I chose this topic, the method used and the outcome that I plan to reach. Following the introduction, the thesis is divided into six chapters. The first chapter provides the reader with a general overview of basic concepts of arbitration. The chapter begins with an attempt to define what arbitration is by putting it in a historical context and then placing it within (or beyond) the scope of alternative dispute resolution. Next, the four main theoretical concepts, which are crucial for the understanding of arbitration, are outlined. The last part of the chapter contains the advantages and disadvantages of arbitration, which explain the popularity of (international) arbitration. The next chapter deals with the legal regulation of international arbitration in the Czech Republic. It opens with a brief description of development of arbitration throughout Czech history and then is divided into sub-chapters dealing with specific elements of...
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Legal regulation of international arbitration in the Czech Republic and Portugal
Přib, Jan ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
This thesis deals with legislation of international arbitration in Czech republic and Portugal. The choice of international arbitration and of these countries particularly as the object of the work has not been done coincidentally of course, the reason is, despite Czech republic and Portugal are countries with that do have a lot in common, e.g. their membership in European Union, similar economic power and current situation and relatively significant activity in international trade that the area of Portuguese legislation of international arbitration and of the whole system of law from the Czech view and vice versa remains still almost unexplored. The choice of international arbitration was not random either. Such choice was made due to the fact that arbitration is probably the most significant way of out-of-court settlement of disputes in last years and decades with use still increasing. It offers parties a private settlement of litigation with easy enforceability of rendered arbitration award abroad, and foreing arbitration award at home. Therefore, the objectives of this work were not solely to describe the present legislation of international arbitration but also to enable the reader to comprehend particular legal provisions correctly in a sense of their legal background. The work analyses the...
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