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Invalidity of Arbitration Clauses - Development of Case Law and Practikal Implications
Číhal, Jan ; Pohl, Tomáš (referee)
This diploma thesis mostly analyses case law, concerning invalidity of arbitration clauses. The thesis analyses how the courts have been dealing with key arbitration issues which arose in recent years. The diploma thesis defines common reasons for arbitration clauses' invalidity and points out the current case law's conclusions. The thesis also stresses the implications of arbitration clause's invalidity on enforcement and insolvency proceedings and points out problematical aspects of the current case law.
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Recognition and execution of foreign arbitral awards
Kobzová, Andrea ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
63 Recognition and execution of foreign arbitral awards Abstract This thesis deals with the issue of recognition and performance of foreign arbitral awards in the field of private international law. The aim of the thesis is to clarify the distinction between recognition and performance and to focus on the issue of enforceability in judicial and enforcement proceedings. The thesis is divided into four chapters describing individual elements of arbitration and recognition and enforcement of arbitral awards. In the first chapter I deal with the arbitration, which is a prerequisite for the arbitral award. The second chapter defines the arbitral award itself, its particulars, types, and the procedure for its abolition. In the third chapter I dealt with the most important sources in the field of foreign arbitral awards and the last chapter is the most comprehensive. It contains a process of recognition and execution, including denial under the New York Convention, the current issue of the decision-making practice of the Supreme court of the Czech Republic, as well as recognition and enforcement in the territory of Switzerland. At the end of the thesis the Swiss and Czech legal regulations of the arbitration proceedings are compared, the amendment of the rules of arbitration of the International Chamber of...
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Arbitral award as an execution title
Hanzlíková, Barbora ; Macková, Alena (advisor) ; Frintová, Dita (referee)
I chose the subject of this thesis because of its recency. The arbitration decisions belong among the most problematic execution titles, whose execution often end up being discontinued. The case law dealing with the validity of the arbitration clauses and the enforcement of the arbitration decisions has undergone dramatic developments. Despite legislative changes responding to the problematic situations which have been happening in practice, there are still many issues that need to be clarified. The judicial practice of the courts is not unified in many cases. The legal certainty of the participants of the arbitration and execution proceedings is impaired and their legitimate expectations are not always met. The thesis concerns primarily with the circumstances that may lead to dismissal of the execution order or to the suspension of the execution proceeding, in particular, these circumstances are errors in the delivery of the arbitration decision, non-transparent selection of the arbitrator, incompatibility with good morals, in the case of consumer disputes the imbalance in the rights and obligations of the parties and the absence of obligatory instructions in the arbitration proceedings. It also deals with the procedure of the execution court when reviewing the arbitration decision, resp. the...
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Problematic aspects of selected executive titles
Bosáková, Nikol ; Frintová, Dita (advisor) ; Macková, Alena (referee)
This rigorous thesis deals with the problematic aspects of selected executive titles I came across in the performance of my office as an assistant judge at the District Court in Ostrava. The choice of enforcement titles was purely subjective. The aim was therefore to provide a comprehensive and versatile view of issues of enforcement titles, both from theoretical and practical points of view. Within the specified scope of the thesis, I came up with the concept of this thesis by trying to define the very concept of execution (seizure), writ of execution, and their material and formal enforceability. After the introductory first chapter, the central part of the thesis follows, where I tried to analyse the individual types of execution titles, namely a notarial record with permission for enforceability, a writ of execution with permission for enforceability, and arbitration. I believe that at the present time, the Institute of Arbitration is still relatively often used in society. This chapter is devoted to the largest part of the work, as the development of the legal regulation revealed quite serious procedural and legal deficiencies in application practice. The thesis also seeks to analyse shortcomings in the legal regulation of selected writs of execution, and to confront them with 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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Arbitration proceedings in the Czech Republic
Suchý, Jan ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The topic of this thesis is arbitration proceedings in the Czech Republic, which is nowadays the most significant alternative to the civil court proceedings. This thesis aims to give a summary of every fundamental institute of arbitration proceedings, with its detailed characteristics, including the comprehensive description of contemporary legislation. This thesis is divided into ten chapters, where the author describes individual institutes of arbitration proceedings in detail. The first chapter especially deals with the clarification of the concept of arbitration proceedings and presents its advantages and disadvantages. In this chapter the basic theoretical standpoints concerning the arbitration proceedings are described. In the next chapter the author deals with the issue of arbitrability in arbitration proceedings. Chapters three and four are focused on a description of various types of arbitration agreements including their content and cases where the agreements are void. Within these chapters requirements of the person of arbitrator including arbitrator's appointment are described. The following two chapters comprise a comprehensive description of contemporary legislation of arbitration proceedings, including characteristic procedural institutes. These chapters are also focused on any and...
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Relation between Arbitration proceedings and Rules Of Civil Procedural Law
Vlnová, Jitka ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
77 Resumé The topic of this thesis is Relation between Arbitration proceedings and Rules of Civil Procedural Law. The thesis focuses on arbitration regulated by Act No. 216/1996 Coll., On Arbitration Proceedings and Enforcement of Arbitral Awards and looks for similarities in the proceedings in front of the ordinary courts, which is primarily regulated by the Act no. 99/1963 Coll., Civil Procedure Code. Arbitration uses provisions of the Civil Procedure Code in cases where the legislation provided by Act. No. 216/1996 is missing completely or is not sufficient. The work is divided into seven main chapters, which are further divided into sub- chapters. The first chapter describes rules for procedural managements of the arbitration proceedings. It draws attention to the legal possibility for the parties to agree on their own rules of procedure in the management and suggests that the parties' agreement may also directly refer to the legal provisions of the court proceedings. The next two chapters deal with theoretical introduction to the use of the Code of Civil Procedure in arbitration. They analyze the possibility of using the Civil Procedure Code from the perspective of the two major theoretical concepts of arbitration and define grammatical and teleological meaning of the provisions of the Arbitration Act...
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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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The New Lex Mercatoria
Vítek, Michal ; Dobiáš, Petr (advisor) ; Pauknerová, Monika (referee)
NLM Abstract The topic of lex mercatoria does not represent any new nor revolutionary concept for the legal science, on the contrary it is a concept present in the european legal thinking since the middle ages. Despite of that it still remains without a clear and comprehensible theoretical framework thus in a stage of some sort of a legal hypothesis. This rigorous thesis describes in its five chapters the topic of lex mercatoria - specifically its up to date form: New Lex Mercatoria - not as a concept but as an applicable law and within the extent of this thesis attempts to come up with both the reasons for such perspective as well as with those which oppose it. For this reason it answers the following basic questions: Does a clear concept of the New Lex Mercatoria exist? Does such law have the historical continuity? Does such law have any clear distinctivness when compared to the legal orders of national states? Which norms create such legal order and who and under which conditions does enforce them?
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Arbitration proceedings in the Czech Republic
Šolín, Karel ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The theme of this thesis is the arbitration proceedings in the Czech Republic, which is one of the alternative disputes resolutions. The goal of this thesis is to provide a complete summary of legal regulation of the arbitration proceedings. The thesis is divided into eight chapters. The first three chapters deal with general issues of the arbitration proceedings. The first chapter which is further subdivided into six subchapters is focused on the basic definition of the arbitration proceedings, its theoretical concepts, its advantages and disadvantages, as well as its different types. The second chapter provides a summary mainly of national legal regulation. Chapter three explains the objective conditions under which a certain range of disputes can be heard and decided in the arbitration proceedings, including some specific examples. Chapter four is concerned with the arbitration agreement which is the major institute and the basis condition of the arbitration proceedings. This chapter is subdivided into three subchapters dealing with for example the different types of arbitration agreements, their mandatory requirements and also their invalidity and termination. In a separate subchapter author discusses the arbitration agreement for resolving disputes arising from consumer contracts. Chapter...
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