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Evidence in International Arbitration
Purket, Daniel ; Bříza, Petr (referee)
DOKAZOVÁNÍ V MEZINÁRODNÍM ROZHODČÍM ŘÍZENÍ 5 Abstract This thesis deals with evidence in International Arbitration. The introductory part of the thesis includes an analysis of the rules of evidence in the Czech Republic, Germany and England. The following is a comparison with a list of identities and differences. The second part contains analysis of the provisions of the IBA Rules on the Taking of Evidence in International Arbitration. The aim of the thesis is to evaluate whether IBA Rules on the Taking of Evidence in International Arbitration mitigate conflicts that arise from different rules of evidence in common law and civil law.
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UNCITRAL Arbitration Rules and their application in practice
Halada, Martin ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
UNCITRAL Arbitration Rules and their application in practice UNCITRAL Arbitration Rules are a standard for ad hoc international commercial arbitration. 1976 version of UNCITRAL Arbitration Rules was replaced by extensive revision of the UNCITRAL Arbitration Rules in 2010 and in 2013 by revision implementing the Rules on Transparency in Treaty-based Investor-State Arbitration. The purpose of this thesis is to analyze individual provisions of UNCITRAL Arbitration Rules and explain them to the reader with an emphasis on their everyday use by arbitration practitioners. In the second chapter of this thesis a general introduction into the topic of international commercial arbitration, including the pros and cons of international commercial arbitration as a method of dispute resolution in international commerce is given. The third chapter begins with a description of the genesis of UNCITRAL Arbitration Rules in the context of works of the United Nations Commission on International Trade Law. The following chapters, which constitute the main body of this thesis, follow the structure of UNCITRAL Arbitration Rules and write up in detail all of its 43 Articles. The interpretation of individual provisions of UNCITRAL Arbitration Rules is in practice influenced by, among others, soft-law. This influence is...
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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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Setting aside an arbitral award by court
Sýkora, Vít ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The theses includes an analysis of the institute of setting aside an arbitral award by court. It is focused on summary of present theoretical findings which are drawn mainly from commentary literature. However, the key focus of the theses is an analysis of relevant judicial decisions related to the investigated institute. It uses decisions of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic in particular. The theses is divided into introduction, four parts and conclusion. The first part contains a brief explanation of historical development of setting aside an arbitral award. Then it is focused on theoretical doctrines and judicial decisions related to the nature of arbitration and arbitral award and on the role of the courts in arbitration. The following part deals with the setting aside an arbitral award as a civil proceeding. It focuses on material juristiction of courts to the proceeding and possibility of setting aside a resolution issued by arbitrator as both of these matters are new to the proceeding. The fundamental part of the theses is the analysis of the various reasons for setting aside an arbitral award. All seven reasons are covered in the order in which they appear in the law. Priority is given to the reasons consisting in lack of...
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Comparative view on recognition and execution of foreign arbitral awards in the territory of the Czech Republic, the Russian Federation and the United States of America
Kobzová, Andrea ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Comparative view on recognition and execution of foreign arbitral awards in the territory of the Czech Republic, the Russian Federation and the United States of America Abstract This thesis deals with the recognition and enforcement of foreign arbitral awards in the Czech Republic, the Russian Federation and the United States of America. The aim of this work is to clarify the conceptualization within the framework of individual legal regulations with the approximation of the process of recognition and enforcement in the territory of individual states and their subsequent comparison. The work is systematically divided into seven chapters, from the concept of arbitration to the examination of individual legal regulations. In the first chapter I deal with arbitration as a prerequisite for issuing an arbitral award, especially the arbitrability of the dispute and the international nature. The international nature is also a crucial definition for this work, so it is dealt with in a separate subchapter. The second chapter deals with the arbitral award, its particulars, types, especially with the focus on the concept of foreign arbitral award, the definition of which is a key point of this work. Arbitral award or foreign arbitral award is a term whose meaning is not defined by law or other source of law,...
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Legal status of an arbitrator
Matoušková, Markéta ; Růžička, Květoslav (advisor) ; Pfeiffer, Magdalena (referee)
Legal status of an Arbitrator Arbitration, standing aside civil court proceedings and ADRs, has become very commonly used procedure in the dispute resolution area. Very often arbitration is defined and being understood by comparing with the two options mentioned above. Comparing to civil procedures before the regular courts the advantages of arbitration are seen in the possibility to choose the arbitrator or members of arbitration tribunal or arbitrational courts up to parties' will. Further unquestionable advantages are that arbitration is faster and usually less expensive. Arbitration can be categorized by various points but the thesis tries to present the differences of the status of an arbitrator in ad hoc arbitration and institutional arbitration. As the goal the thesis shall set to describe essential terms of arbitration and further focus shall aim to analysis of an arbitrator's legal status. Despite the position of parties as masters of dispute, arbitrators are the main figure in arbitration. Arbitrators themselves are obliged to consider their ability to lead proceedings and to decide equitably, or they need to decide about which controversial circumstance to inform parties about so they can make an informed decision whether these circumstances make an arbitrator unable to decide or not. In...
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Iura novit curia in international arbitration
Halfar, František ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Feigerlová, Monika (referee)
Iura novit curia in international arbitration Abstract The thesis deals with the application of the iura novit curia principle in international arbitration. At the outset, it explains the function of the principle in the civil law tradition of court procedure and the potential issues arising out of its application in arbitration, in particular with regards to the limits of arbitral power and due process. Since the rules on conduct of arbitral proceedings provide no specific guidance in this respect, the ultimate limits of the use of the principle in arbitration are set by the national courts in proceedings on annulment and recognition of arbitral awards. The thesis attempts to delineate these limits on the case law of a few chosen countries and observe the potential similarities with their civil procedure. Despite the differences in the legal traditions in the respective countries, the analysis of the case law finds a number of common features in the approaches to the application of the iura novit curia principle in international arbitration across the chosen countries. When assessing the powers of the arbitrator to apply the law as he deems appropriate, the courts seem to share similar concerns about the observation of the parties right to be heard. Despite its somewhatʼ firmer standing in investment...
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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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The Position of Financial Arbitraror in Alternative Dispute Resolution
Ježková, Diana ; Vondráčková, Pavlína (advisor) ; Marková, Hana (referee)
The Financial Arbitrator and alternative dispute resolution are the integral part of current decision-making practice. Their development is tendentious particularly in recent times. This diploma thesis aim is critically evaluate the institute of the Financial Arbitrator and compare it with arbitration and mediation. The thesis briefly describes the institutes themselves, their legal regulations and outlines their historical development. In my thesis I focused mainly on the similarities as well as differences of these institutes. Then I compared these decision-making practices with the court proceedings in the last fifth chapter, so the thesis gives a comprehensive overview of the possibilities of resolution making practice. The thesis focused on the situation in the Czech Republic and did not evaluate the foreign situation, although the author is aware of certain continuity with the development among the countries. The methodology of the thesis was adapted to the chosen topic. The basis was literary research. By comparing the problems, opinions, hypotheses and premise was possible to reach a final reasoned opinion. The principal methods were the method of analysis and synthesis. An important basis for this work was the annual reports of the Financial Arbitrator available from the finarbitr.cz...
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Arbitration before the Arbitration Court Attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic
Grivalská, Andrea ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This rigorous thesis, entitled "Arbitration before the Arbitration Court Attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic", deals primarily with the legal regulation of arbitration proceedings before the Arbitration court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic (hereinafter referred to as the "Arbitration Court"). The main focus of this work is on the ongoing debate in respect of the regulation contained in the Arbitration Rules issued by Arbitration Court, which contains a rather complex regulation of the rules for the arbitration proceedings before the Arbitration court, as well as on the legal regulation contained in Act No. 216/1994 Coll., on arbitration and the enforcement of arbitral awards, as amended. While preparing this thesis on the issue of arbitration before the Arbitration Court, I paid close attention to both the extensive body of case law and the ideas put forth in professional literature. The aim of this rigorous work was not only to describe arbitration proceedings before the Arbitration Court, but also to address issues currently being discussed that are related to this procedure and current legislation; at the same time, another goal was to offer an opinion on problematic issues and,...
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