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Law applicable to International Arbitration Agreement
Palkovská, Kateřina ; Bříza, Petr (referee)
The diploma thesis deals with the issue of applicable law to international arbitration agreement. Following the definition of the nature of arbitration agreements and the principle of separability, the thesis sets various approaches to the determination of the applicable law. The next part examines the application of pro validatis approach to the determination of the applicable law in British courts' caselaw and analysis the Czech provisions applicable to the determination of the governing law to the arbitration agreements. The thesis aims to evaluate if, and alternatively to what extent, the pro validatis approach in international commercial arbitration influences the determination of the law applicable to arbitration agreements.
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Protection of a Weaker Contract Party and Private International Law
Skalská, Helena ; Dolanská Bányaiová, Lucie (referee)
Protection of a Weaker Contract Party and Private International Law The topic of this dissertation thesis is the protection of weaker parties in the context of determination and application of the applicable law. The dissertation seeks anchor and concept of protection of weaker parties in the Rome I Regulation. The thesis is divided into three main parts. The first part deals with the basis for protection of weaker parties, linking the theoretical and value foundations on which the protection stands with practical implications that ignorance of significantly unequal position might have. For a comprehensive understanding, it is necessary to look at the background of individual legal rules. However, dealing with these issues cannot be viewed solely in the context of private international law. Certain legal institutions of private international law may not be designated solely for the protection of certain categories of weaker parties but may be used to protect a weaker party with regard to the concept of a weaker party and the importance of its protection in substantive law (especially civil law). The second part, which is the focal point of this thesis, consists in the analysis of ways of protecting the weaker parties, both at a more general methodological level and in the form of a more detailed...
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Protection of a Weaker Contract Party and Private International Law
Skalská, Helena ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Brodec, Jan (referee)
Protection of a Weaker Contract Party and Private International Law The topic of this dissertation thesis is the protection of weaker parties in the context of determination and application of the applicable law. The dissertation seeks anchor and concept of protection of weaker parties in the Rome I Regulation. The thesis is divided into three main parts. The first part deals with the basis for protection of weaker parties, linking the theoretical and value foundations on which the protection stands with practical implications that ignorance of significantly unequal position might have. For a comprehensive understanding, it is necessary to look at the background of individual legal rules. However, dealing with these issues cannot be viewed solely in the context of private international law. Certain legal institutions of private international law may not be designated solely for the protection of certain categories of weaker parties but may be used to protect a weaker party with regard to the concept of a weaker party and the importance of its protection in substantive law (especially civil law). The second part, which is the focal point of this thesis, consists in the analysis of ways of protecting the weaker parties, both at a more general methodological level and in the form of a more detailed...
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Arbitration According Rules of the International Chamber of Commerce in Paris (ICC)
Žilinčíková, Ivana ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Arbitration as an out-of-court form of business dispute resolution is becoming increasingly popular. One of the most important institutionalized arbitration on international level, is arbitration according the Rules of the International Chamber of Commerce located in Paris. One reason for choosing this type of arbitration is in particular the international importance and the authority that the International Chamber of Commerce and its affiliated institutions, in particular the ICC Court, have in the international trade area. I consider this type of arbitration to be one of the most appropriate forms of proceeding in international business disputes, what also confirms the history of its development, the benefits it provides by its principles and the authority that the arbitrators obtain. The process of adaptability of the proceeding and the highly skilled arbitrators provide a great ground for the smooth running of the whole process. The basic principles of this type of arbitration are the autonomy of the parties will, the principle of equality of parties, non-publicity, discretion, speed and economy. That 's why the greatest pressure is placed on arbitral tribunal members who, in addition to respecting the Rules ICC, must also strongly respect the imperative regulations and public order of the...
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Arbitration
Čeladník, Filip ; Winterová, Alena (advisor) ; Růžička, Květoslav (referee) ; Poláček, Bohumil (referee)
1 The purpose of this thesis is to discuss the main aspects of the Czech legal regulation of the arbitration proceeding under the view of the particular Western European national and international legal orders. By doing so, the author strives for critical review of the arbitration proceeding as per the Czech legal order under the worldwide perspectives and with the prism of modern Western European and world legal theory of the arbitration proceeding. The intention of such research is to determine if the contemporary Czech legal regulation of the arbitration proceeding is in conformity with the modern theory and practice of the arbitration proceeding. This thesis also aims to answer a question whether the Czech courts shall have the right to review the application of law by the arbitrators. The author is seeking to answer this question by comparing the the Czech, or rather Continental system of law with the law of England and Wales.
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Trusts in Private International Law
Pračková, Naďa ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Trusts in Private International Law The thesis is focused on comprehension of trusts and Czech trust-like sverenske fondy created voluntarily by the settlors (express trusts) in private international law. The aim is to provide a comparative study of the provisions of the Czech Act No 89/2012 Coll., Civil Code, Act No 91/2012 Coll., on Private International Law, and the Hague Convention of the Law Applicable to Trusts and their Recognition. The thesis is subdivided into three main chapters, introduction and summary. The second chapter reflects on historical development of Roman fideicomisses, common law trusts, as well as continental family fideisomisses. The third chapter slocer analyses the notion and characteristics of trusts and sverenske fondy in the Czech Republic, provides the reasoning behind the understanding of express trusts from the perspective of the European Union and the European Free Trade Association. The thesis further reflects on the characteristics and understanding the trusts in the provisions of the Hague Convention of the Law Applicable to Trusts and their Recognition. Fourth chapter is dealing with the conflict law provisions applicable with respect to trusts and their recognition in national, European and international level. The thesis analysis the provisions of the Act No...
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Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country)
Suchá, Ivana ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Private international law from a comparative perspective(comparison of a particular segment in Czech law and the law of a selected country) This thesis works with a comparison of conflict rules in the field of international family law in the Czech Republic and in the Federal Republic of Germany. It is focused concretely on questions of marriage, register partnership and adoption, in which is included an international element. The topic has been taken into account in addition to the national rules of international private law also rules at international and European level. Includes is also future progress in this field. Thesis is divided into eight chapters. The introduction is followed by first chapter, which deals with general classification of international family law as a part of international private law and their definition. Following chapter is focused on conflict rules, determingfactores which may be used to determine the applicable law. Included are terms as public policy, remise or transmise. Chapter three is about general definition of court's jurisdiction to hear the dispute with an international element. Fourth chapter is devoted to marriage, included are sources of legal regulation, jurisdiction of courts in matrimonial matters and comparison of conflict rules in the case of...
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Mediation with an International Element
Vanišová, Veronika ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The purpose of this thesis is to present the main features of mediation with cross-border element, especially the most important aspects of relevant regulation in light of EU Mediation Directive 2008/52/EC ("Directive") and No. 202/2012 Coll. Act on Mediation and Change of Some Laws ("Mediation Act"). The thesis is composed of four chapters. The first chapter's purpose is to define the main principle of mediation and its position within ADR system. The second chapter deals with principal questions of the relation between mediation and international private law. The third chapter discusses cardinal aspects of mediation according Directive, its reflection within national regulation, i.e. within Mediation Act and subsequent comparison with regulation of selected member states. For the purpose of the comparison mentioned above, I use quotations from corresponding laws of particular member states in English translation. The fourth chapter deals with the position and role of mediation within the area of international dispute resolution as well as a look at newly adopted ICC Mediation Rules.
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Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country)
Pračková, Naďa ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country) The aim of this thesis is to compare the provisions of the Czech and Italian private international law respective to the issue of applicable law and recognition of trusts. The thesis is composed of six main chapters, introduction and conclusion. Second chapter refers to the historical concept of trusts with particular focus on the historical development in Czech legal system. Third chapter is focused on the notion of trust within the terms of the Act no. 89/2012 Coll., Civil Code and the Hague Convention on the Law Applicable to Trusts and on their Recognition as well as its unique implementation allowing creation of specific Italian trusts, so-called trusts interni. Fourth and fifth chapter are dedicated to the complex analysis of provisions of the Act no. 91/2012 Sb., on Private International Law and the Hague Convention, in particularly extent of the application, the choice of law, applicable law, change of law, depeçage, and recognition of trusts. European legislation overview and possible grounds for further development are described in the sixth chapter. Seventh chapter describes practical aspects of the applicable law and recognition of trusts.
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Law applicable to contractual obligations in the absence of choice
Mendrok, Eva ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
IN ENGLISH The aim of this thesis is to determine and evaluate conflict of law rules for designating the applicable law in contractual obligations in the absence of parties' choice. Such rules can be found in international, European or national legal sources, hence the scope of any particular regulation has to be considered in detail. The core of this thesis shall be the European private international law, especially the Article 4 of the Regulation on the law applicable to contractual obligations (Rome I), effective from 17 December 2009, which shall apply to contractual obligations in civil and commercial matters in situations involving a conflict of laws, if the applicable has not been chosen by the parties. New Article 4 of the Regulation tends to enhance certainty and to overcome interpretative difficulties in Rome Convention. Required certainty shall be expressed by introduction of hard-and-fast rules included in Article 4 (1) Regulation supplemented by the characteristic performance rule in paragraph 2. On the other hand, flexibility shall be ascertained through escape clause and closest connection rule, which aims to disregard applicable law designated by paragraphs 1 and 2 in situations when the contract is manifestly more closely connected with another country. Although the wording and...
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