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Arbitration procedure within international business transactions
Tylš, Jan ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
This thesis discusses the fundamental issues of arbitration in international trade. The aim of the paper is to explain the basic aspects of international arbitration, which constitute reason for choosing this method of dispute resolution, and further evaluate whether development of arbitration as such may cause international traders to reconsider arbitration as primary dispute resolution method. The structure of this thesis consists of an introduction, nine chapters and a conclusion. I determine thesis dissertation in the introduction, followed by the first chapter, where the reader is briefly acquainted with the history of arbitration and international commercial arbitration. In the second chapter dispute resolution methods in general are defined. The third chapter is devoted to alternative dispute resolution methods, their advantages and disadvantages and I further describe certain types of ADR. In the fourth chapter, arbitration is explained together with its basic attributes, theoretical concepts of arbitration and definition of international and domestic arbitration. At the end of the chapter legal sources of arbitration are listed. The fifth chapter describes the arbitration agreement as a precondition for arbitration; conditions for the validity of arbitration agreements are further defined as well...
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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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UNCITRAL Model Law and arbitration in selected European countries
Drzková, Veronika ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
UNCITRAL Model Law and arbitration in selected European countries Abstract The UNCITRAL Model Law on International Commercial Arbitration has an undeniably crucial unifying effect on arbitration laws worldwide, which is evidenced by an ever-increasing number of states that have adopted it or have been at least vastly inspired by it. Many European countries have set themselves a goal to be a friendly country towards international commercial arbitration. Sweden and Denmark belong among those countries. One of the options how countries may increase their friendliness towards international commercial arbitration is to adopt the UNCITRAL Model Law. Denmark has chosen this option. Even though Sweden has not adopted the UNCITRAL Model Law, it tries to harmonise its national laws with it as much as possible and further increase its popularity by for instance good availability of high-quality services related to international commercial arbitration. However, certain differences between the wording of the UNCITRAL Model Law and the national Danish and Swedish laws applicable to international commercial arbitration remain and these differences are analysed in this thesis. The subject of the analysis are the areas where the wording of Danish and Swedish national laws differs from the UNCITRAL Model Law and, most...
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Regulation of Alternative International Commercial Disputes Resolution in the Russian Federation
Přib, Jan ; Růžička, Květoslav (advisor) ; Rozehnal, Aleš (referee) ; Brodec, Jan (referee)
178 REGULATION OF ALTERNATIVE INTERNATIONAL COMMERCIAL DISPUTES RESOLUTION IN THE RUSSIAN FEDERATION ABSTRACT The object of this dissertation is an analysis of legal regulation of alternative international commercial disputes resolution in the Russian Federation, both from theoretical and practical perspectives. The work deals in detail with alternative international commercial disputes resolution regulated in the Russian legislation, i.e. with arbitration and mediation of international commercial disputes, analyzes their position within the Russian legal framework, interconnection with the judicial proceedings, legislation national dispute regulation, role of state organs within the proceedings including acknowledgement and enforcement of arbitration awards and mediation agreement.. Both of these ways are further analyzed in separate chapters that together form the core of this dissertation. The respective main chapters (devoted to arbitration and mediation of international commercial disputes) are further devided into subchapters, in which are analyzed the individual procedural institutes of arbitration and mediation of international commercial disputes. Special attention is devoted to the grounds and the process of setting aside of a foreign arbitral award as well as with the grounds and the process of...
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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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New trends in international commercial arbitration
Javůrková, Hana ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
New trends in international commercial arbitration The subject of this diploma thesis is the international commercial arbitration as a dynamicallydeveloping field and more specificallyselected segments of the development of this field. Due to the great popularity ofsolvinginternationalcommercialdisputestheotherwaythanincivillitigationinternationalcommercial arbitration is a very important and growing field. International commercial arbitration is pushed continuallytobeimprovedtobeabletoprovideaquick,qualifiedandfairsolution.Sincethereis changed competencefrom courttoarbitratoritis alsoveryimportant forstates toensurethat arbitrationawards that haveariseninthearbitrationprocedurerespectpublicorderandthattheprocedure keepscertainstandards of the process. This thesis is divided into four chapters. The first chapter is devoted to the theoretical definition of international commercial arbitration, the distinctions between arbitration and civil litigation and ADR methods. There are also named theoretical concepts of arbitration such as contractual theory, jurisdictional theory, hybrid and autonomous theory with representatives of each one. The second section describes the development of the international arbitration and covers all important sources of law of international arbitration. Since there are...
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The UNCITRAL Model Law and arbitration in the Czech Republic
Drzková, Veronika ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
v angličtině: International commercial arbitration is a type of arbitration that is on the rise. It should be in the interest of every state to provide favourable conditions for holding an international commercial arbitration on its territory. It brings not only international recognition and improves competitiveness and; the holding of an arbitration on a territory of a given states also brings new financial resources. One of the ways how to provide favourable conditions is the adoption of the UNCITRAL Model Law. Above all, it brings legal certainty and easy orientation to foreign entities that are not familiar with national arbitration laws. The adoption of the UNCITRAL Model Law by the Czech Republic would be a step towards more favourable conditions for international commercial arbitration and would bring the aforementioned advantages.
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Arbitration procedure within international business transactions
Tylš, Jan ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
This thesis discusses the fundamental issues of arbitration in international trade. The aim of the paper is to explain the basic aspects of international arbitration, which constitute reason for choosing this method of dispute resolution, and further evaluate whether development of arbitration as such may cause international traders to reconsider arbitration as primary dispute resolution method. The structure of this thesis consists of an introduction, nine chapters and a conclusion. I determine thesis dissertation in the introduction, followed by the first chapter, where the reader is briefly acquainted with the history of arbitration and international commercial arbitration. In the second chapter dispute resolution methods in general are defined. The third chapter is devoted to alternative dispute resolution methods, their advantages and disadvantages and I further describe certain types of ADR. In the fourth chapter, arbitration is explained together with its basic attributes, theoretical concepts of arbitration and definition of international and domestic arbitration. At the end of the chapter legal sources of arbitration are listed. The fifth chapter describes the arbitration agreement as a precondition for arbitration; conditions for the validity of arbitration agreements are further defined as well...
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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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