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Arbitration in the Czech Republic
Grivalská, Andrea ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Resumé The theme of this thesis is Arbitration in the Czech Republic. I focus on the current regulation contained in the Act No. 216/1994 Coll., on arbitration and enforcement of arbitral awards. Arbitration is one of alternative dispute resolutions for and for which is typical extrajudicial proceeding with exclusion of the judicial authority. However is the subject of this thesis extensive and not all aspect of arbitration can be embraced; my goal is to try to give a complete look into arbitrations, which has become more often used method of resolution of property disputes. This thesis is divided into twelve main chapters, which are then systematically subdivided. The first chapter of these theses will try to define a term, types and a concept of arbitration in the Czech Republic with regard to the theoretical (contractual, jurisdictional, mixed and autonomous) doctrines. The second main chapter is dedicated to arbitrational agreement. I try to recognize two basic types of it, arbitration clause which is closed in the cases of any disputes from legal relationship between parties arising in the future and post- dispute arbitration agreement, which is, on the other hand, closed about disputes which have already arisen. Then I focus on the fundamental terms of the arbitration agreement, form of arbitration...
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Arbitration clauses in consumer contracts and protection of consumer in arbitration
Vošvrda, Jiří ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The text deals with some fundamental issues concerning arbitration clauses in consumer contracts and protection of consumers during arbitration proceedings. The purpuse of the thesis is to analyse current regulation of this field in the Czech Republic and evaluate changes brought about by amendment of Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral Awards, which have come into force on 1st April 2012. The thesis is composed of five chapters. Chapter One is rather general and characterises major institutes of arbitration (with regard to disputes arising out of consumer contracts). Its eleven parts report on definition of arbitration and its forms, its inclusion among ADR mechanisms, reflections on suitability of arbitration in consumer disputes, its history and recent development, legal sources, basic principles, advantages and disadvantages in consumer disputes, main doctrines and fundamental conditions for arbitration (arbitrability and arbitration agreement). Chapter Two focuses on so-called "arbitration centres". The chapter consists of for parts. Part One describes their legal status. Part Two refers to recent discussions about admissibility of arbitration clauses recommended by centres. The next part seeks to draw attention to critical views of case law mentioned in the previous...
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Challenge of an Arbitrator in International Arbitration
Čech, Ondřej ; Balaš, Vladimír (advisor) ; Pauknerová, Monika (referee)
in English In the past several decades, arbitration has become very popular method of settlement of international business disputes. One of the key factors behind this success is the possibility to choose the arbitrator. Nevertheless, the right of a party to select an arbitrator is subject to limitations as it may clash with some basic legal maxims such as the right to a fair trial. The specific definition of the right to a fair trial varies from one jurisdiction to another, but its essentials remain the same. In the context of selection of arbitrators, the right to a fair trial manifests itself in a form of the principle that all arbitrators must be and remain independent and impartial. That means that a person deciding a dispute must not be influenced by matters outside of the proceedings which would result in a bias towards or against either of the parties. In order to achieve this, rules applicable to arbitration contain a pro cedure to remove an arbitrator who fails to meet these requirements from the tribunal. One of the types of bias which impairs impartiality of an arbitrator is the so-called "issue conflict." This term refers to a relationship between an arbitrator and the subject matter of a case with a potential to cause prejudgment on certain issues. Various authorities, however,...
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International commercial arbitration
Řezníček, David ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
The subject of this thesis is International Commercial Arbitration. The purpose of the thesis is to describe the fields of arbitration in international trade, especially the status of arbitration in international trade, qualifications of the arbitrators, the arbitration clause and the course of international arbitration. Further, this thesis concentrates on questions relating applicable law in international commercial arbitration, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards - the "New York" Convention and the UNCITRAL Model Law on International Commercial Arbitration.
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Croatia-Slovenia Border Dispute in the Bay of Piran and Reasons of Reaction of both parties to final award of International Arbitration
Lipská, Jana ; Šlosarčík, Ivo (advisor) ; Šístek, František (referee)
This text presents progression of Slovenia-Croatia border dispute in the Bay of Piran and narrates the question of Slovenian junction to high seas. The dispute which escalated with the breakup of Yugoslavia in the early 1990s is one of many similar disputes that has the war in the Balkans caused. Therefore, the text presents the historical progression of the dispute and its solutions. However, none of those attempts of solution were successful and the dispute remained unsolved for more than twenty years until the parties finally agreed to international arbitration. The international arbitration of Permanent Court of Arbitration in Haag between 2012 - 2017 was the last attempt of solution by third party. This text reconstructs the arbitration and analysis reaction of both sides to the Final Award of the Tribunal and its process. Important part of the whole conflict as well as for this thesis is unilateral termination of Croatia from the arbitration due to the presence of wire-tapes which delivered the conversation between Slovenia's government representatives and Slovenian member of the Tribunal. The thesis presents the circumstances of those wire-tapes and reactions of both parties. The thesis contrasts the political arguments and the international law. It also answers the question why Croatia has...
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Legal status of an arbitrator
Klobouček, Eduard ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
- Legal Status of an Arbitrator Main aim of this thesis is to describe the legal status of an arbitrator in international and national arbitration. Arbitration is an alternative dispute resolution which is nowadays very frequently used and which has been established in Czech Republic by Arbitration Act. Arbitrator is the most important person in arbitration because he leads the trial and makes binding and enforceable decisions. Thesis is divided into six parts which concern about alternative dispute resolutions, about arbitration generally, historical evolution of legal status of an arbitrator in Czech Republic, current legislation, legal status of an arbitrator and permanent arbitration courts and legal status of a financial arbitrator. The merit of this thesis is to grasp main problems which arise on the field of legal status of an arbitrator and describe the approach of courts and legal experts. Paper also contains comparison with the legal system of Slovakia, Germany and the United Kingdom and incorporates the latest amendments. of Arbitration Act.
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Institutional international commercial arbitration
Řezníček, David ; Růžička, Květoslav (advisor) ; Kunz, Oto (referee) ; Ondřej, Jan (referee)
The subject of this thesis is Institutional International Commercial Arbitration. This thesis describes the fields of arbitration in international trade, especially the status of arbitration in international trade, qualifications of the arbitrators, the arbitration clause and the course of international arbitration. They are included changes to the Arbitration Rules of the major international arbitral institutions. Further, this thesis concentrates on questions relating applicable law in international commercial arbitration, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards - the "New York" Convention and the UNCITRAL Model Law on International Commercial Arbitration.
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Modes of extrajudicial resolution
Vančurová, Kateřina ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
56 Abstract The purpose of this work is to introduce the concept of Alternative Dispute Resolution as a full alternative to civil judicial proceedings. Emphasis is placed on the utilization of the alternative procedures in the Czech legal environment and on contemporary Czech legislation as well as its possible future development. The thesis was elaborated using primarily domestic professional literature, while a significant portion of the resources was represented by legal enactments including the relevant legislative history. This thesis only deals with foreign approaches to Alternative Dispute Resolution marginally, which is reflected in the choice of resources - foreign resources have been used to a very limited extent. Following the initial overview of the topic and the introduction of the author's relationship to the concept of Alternative Dispute Resolution, this thesis presents the theoretical classification of these methods and collectively enumerates the legal regulations pertaining thereto. This is followed by an elaboration on the most frequently used forms of Alternative Dispute Resolution, namely mediation at first and arbitration second. For each of the named forms of Alternative Dispute Resolution, the thesis describes the differentiating characteristics of each method, the process of the...
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Arbitration agreement and its types
Divišová, Magdaléna ; Brodec, Jan (referee)
ROZHODČÍ SMLOUVA A JEJÍ DRUHY 5 Abstract This thesis focuses on the types of arbitration agreements in international commercial arbitration. The thesis is firstly concerned with the substantive validity of arbitration agreements, their evaluation and interpretation. Subsequently, it addresses selected types focusing on asymmetrical arbitration agreements. The aim is to analyse the treatment of asymmetrical arbitration agreements in international practice and the cause of potential nonuniform approach. The thesis evaluates if the treatment is consistent with the principle of good faith and the principle of effective interpretation.
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The competence of arbitrators for deciding property disputes (from the perspective of their independence and impartiality)
Ryšavý, Lukáš ; Pohl, Tomáš (referee)
The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...
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