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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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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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Legal position of an arbitrator in international commercial arbitration
Růžičková, Markéta ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The thesis is dedicated to the issue of the legal status of arbitrator in international commercial arbitration. Arbitration is not a new phenomenon, much of its development has taken place in the 19th century, when alongside with arbitration ad hoc an institutional arbitration has also been created and permanent arbitration courts were established. The best known permanent arbitration court is undoubtedly the International Court of Arbitration of the International Chamber of Commerce in Paris. The first chapter focuses on the insight into the history of arbitration. Certain terms relating to arbitration are defined in the first chapter in particular the concept of international commercial arbitration. The question of arbitrability, ie. admissibility of arbitration, is also addressed there. In the second chapter the types of arbitration are analyzed - ad hoc and institutional arbitration, facultative and obligatory arbitration, traditional and online arbitration, international and domestic arbitration; as well as different types of arbitration agreements - agreement on an arbitrator, the arbitration clause, unlimited compromise, asymmetric, pathological and combined arbitration clause. The third chapter is dedicated to the advantages and disadvantages of arbitration compared to proceedings in...
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Legal position of an arbitrator in international commercial arbitration
Nevařil, Vít ; Růžička, Květoslav (advisor) ; Kučera, Zdeněk (referee)
This diploma thesis concentrates on the issue of the legal position of arbitrator in international commercial arbitration proceedings. In chapter one of the first part the author concentrates on the origins and history of arbitration proceedings and international arbitration proceedings in Greek and Roman Antiquity, in the Middle Ages, in the modern age until now. Within the historical development the thesis also describes individual international agreements which govern international commercial arbitration as such. In this chapter the author also asks fundamental questions concerning the principles of the functioning of arbitration proceedings. In its second chapter the thesis first concentrates on defining ADR and arbitration proceedings with an emphasis given on the finding of nodal points between ADR and arbitration proceedings. The author tends to the opinion that the arbitration proceedings are part of ADR. In the following part of this chapter the thesis concentrates on an analysis of the international element in contractual obligations and the elementary difference between the international arbitration proceedings and the in-country arbitration proceedings. In the first chapter of the second part the author proceeds to the analysis of fundamental requirements for the person of arbitrator....
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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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The Person of Arbitration in International Commercial Arbitration
Mazuchová, Kateřina ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The topic of the thesis is The Person of Arbitrator in International Commercial Arbitration. Arbitration has undergone a number of changes in recent years. This procedure is very popular not only for a choice of Arbitrator, but also for its speed and lower costs, as compared to the other methods of dispute resolution. In the work has been carefully analyzed the whole procedure from the viewpoint of an Arbitrator, especially his duties and powers. The amendment to Act No. 216/1994 Coll. - Act No. 19/2012 Coll., with effect from 1.4.2012 was to distinguish arbitration for consumer and without consumer. Part of the thesis are also proposals de lege ferenda.
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Arbitration proceedings in the Czech Republic
Vedralová, Jana ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The focus of this thesis is to analyse the most questionable and presently very discussed points at isme of the arbitration in the Czech Republic. The subject of this thesis is rather extensive, therefore not all aspects of the arbitral proceedings can be concerned. There has been a substantial advancement in arbitration, since Act No. 216/1994 Coll., On Arbitral Proceedings and On Execution of Arbitral Awards took effect. In this thesis I focused on the czech legal framework of arbitration, its imperfections and influence of judicature of the European Court of Justice on the interpretation of the czech law. Pursuant to the questionable facts mentioned above, and under the influence of the judicature of the European Court of Justice and czech court's judicature, the Arbitration Act should be amend. There should be changes especially at the articles concerning arbitrator, arbitration at consumer disputes, and the arbitration contract requirements. The arbitration is means of final and binding dispute rosolution which provides a suitable alternative for the judicial trial, especially at commercial disputes between undertakers - professionals.
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Solutions of disputes in the area of consumer contracts
SEKANINOVÁ, Božena
The aim of this work with a title Solution of disputes in the area of customers contracts was desribed, analyzed and compared economic a legal aspects, advantages and disadvantages by the solution of customers contract in the arbitration and in the lawsuit. Next aim was comparison the czech law with the law in Slovakia, when it was turned to the arbitration and disputes in the area of customers contracts. Then there was desribed and analyzed the problems of the arbitration centre position and the custumers contrancts with arbitration clause, according to the law effective before and after the day of the 1 st April 2012. In conclusion there was defined some changes in legislation.
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Position of trade unions in labour relations
KOŘÍNKOVÁ, Marie
The topic of my bachelor thesis is the position of trade unions in labor relations. In my work I deal with different powers of trade union, collective bargaining and concluding collective agreements. Further I define the notion of collective and individual disputes. Disputes arising from collective agreements and contract disputes shall be resolved by proceedings before the arbitrator and mediator. Unlike the disputes of collective agreements may be in dispute on the conclusion of collective agreements used as a last resort strike, but only if it was not brought before an arbitrator. The main task of trade unions is the protection of employees.
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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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