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The position of national courts within international commercial arbitration
Polach, Miroslav ; Dobiáš, Petr (advisor) ; Klee, Lukáš (referee)
The main aim of this thesis is to explain the substance and function of intervention of the national courts in international commercial arbitration, explanation of its necessity and notice of possible danger connected to it. Besides describing all the principal situations when national courts usually participate in the proceedings, the attention is also given to concrete legislations and fundamental differences between them. The main focus is on Revised UNCITRAL Model Law of December 2006, which influenced the significant part of national legislations. Limitedly the thesis also deals with legislations and case-law of the United States of America, Great Britain, France and Germany. There is also clarified the specifics of the Czech national legislation at the end of the chapters. The thesis is divided into two logical units. At the beginning of the first part you can find an introduction to international commercial arbitration in the form of a brief historical excursus, an explanation of differences between the court proceedings and arbitration, a description of particular kinds of arbitration and an enumeration of both Czech and international sources of law. The main part of this chapter is formed by a general specification of fundamental principles and terms related to international arbitration. The second...
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Arbitration procedure within international business transactions
Šteflová, Iva ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
The diploma thesis on Arbitration procedure within international business transactions focuses on the place of arbitration procedure and its relation to the national system of law. The first chapter is concerned with the dispute resolutions within international business transactions. The thesis characterises the alternative dispute resolutions and defines the term of arbitration procedure within international business transactions. The basic characteristics thereof are specified and the theories which attempt to explain nature of arbitration are described - contractual, jurisdictional, mixed and autonomy theory. The term of the place of arbitration is defined in the second chapter as the real place situated in the territory of a particular state. This place is distinguished from the arbitration seat and from other terms which used to be confused with the place of arbitration. The arbitration seat is deemed to represent legal domicile of the arbitration. The system of law of the seat determines the legal regime of arbitration procedure. The thesis further describes two main theories dealing with the relation between the place of arbitration and the national system of law - seat theory and delocalization theory. The relation between the place of arbitration and the national system of law is also...
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Applicable Law in International Commercial Arbitration
Coufalová, Jitka ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Applicable Law in International Commercial Arbitration (Abstract) The aim of this thesis is to analyse the choice of applicable law in the international commercial arbitration from three perspectives: applicable law of an underlying agreement, applicable law of an agreement to arbitrate, and applicable law of procedural aspects of arbitration proceedings (lex arbitri, arbitrability). Furthemore, the thesis is alco focused on elements related to the choice of applicable law, for instance the principle of party autonomy and limits of the choice of applicable law. To answer the main three above-mentioned questions regarding applicable law, comparative method is used and subsequently number of foreign legal regulations on arbitral proceedings as well as arbitral awards and relevant case law are analyzed. Theoretical approaches to the choice of applicable law are therefore confronted with their potential application and modifications in practice.
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Objective arbitrability in International Commercial Arbitration
Svatoš, Martin ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Objective arbitrability in International Commercial Arbitration Martin Svatoš Abstract: The objective of this paper is to explain the issue of objective arbitrability of disputes in an international commercial arbitration. The approach of objective arbitrability argues what kind of disputes could be an object for an international arbitration. This paper is focused on comparing the Czech and the foreign approach. The paper consists of two main chapters, each of them dealing with different aspects of arbitrability. Chapter One is introductory and defines basic terminology used in the thesis: especially the definition of arbitrability, the distinction between subjective and objective arbitrability. The question of choosing of law is mentioned, too. It outlines the main coincidences of objective arbitrability with public order and examines relevant Czech and other legislations, especially the Austrian, the German, the French or US approach. Finally, it provides an outline of relevant international conventions. Chapter Two deals with the objective arbitrability in some special law fields. It is focused on Intellectual property law, antitrust and competition law, insolvency law, on the intra-corporate disputes, on the franchisee contacts and finally on bribery and corruption. Conclusions are made in last chapter....
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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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Annulment of an Arbitral Award in International Commercial Arbitration
Spodniaková, Miroslava ; Dobiáš, Petr (advisor) ; Růžička, Květoslav (referee)
The purpose of my thesis is to analyse and generally describe an annulment of arbitral award in international commercial arbitration. The reason for my research is an interesting topic, which has not been described in detail yet and the aim of this thesis is to look at this institute from the perspective of relevant domestic and foreign authors and legislation of various countries. Furthermore the thesis aims to highlight possible dangers which accompany the process of annulment of the award, or the process after its setting aside. The thesis is composed of six chapters, each of them dealing with different aspects of setting aside of an award in International commercial arbitration. Chapter One is introductory and describes the history, the legislation and explains advantages and disadvantages of the international arbitration as a whole. Chapter Two defines basic terminology used in the thesis. The chapter is subdivided into three parts. Part One describes arbitration and explains its main features. Part Two deals with domestic vs. international arbitration, explains the term "commercial" and foreign arbitral award vs. domestic arbitral award. Chapter three concentrates on relation between state and arbitration courts and the state's auxiliary and control function towards the arbitration. Chapter...
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Set-off Defence in International Commercial Arbitration
Hock, Branislav ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
Set-off is meant to be one of the most important defences in arbitration proceedings. About 15 - 20 per cent of all international arbitrations involve set-off defence. There is not much dispute about the possibility to virtually extinguish mutual claims of the parties however national concepts of set-off differ dramatically. Moreover, in contrast to most other legal mechanisms set-off is always formed by no less than two obligations. These obligations may be regarded differently and be subject to different laws which can lead to a series of difficult questions regarding not only choice-of-law but also judicial competence. The centrum of the controversy lays in the situation when the defendant raises his cross-claim, which falls outside the scope of an arbitration agreement, to be mutually offset. Arbitrators can be in a very difficult position as they have to find, in the absence of any clear rule, reasonable limits of the adjudication of set-off. This work aims to find out what should be the limits of the adjudication of set-off with the cross-claim over which the tribunal normally wouldn't be competent to decide. There is offered a legal framework with a set of good practices which should be followed in order to strengthen legal certainty, procedural efficiency and effective functioning of...
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Institutional arbitration procedure
Zoubková, Kateřina ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
- Institutional Arbitration Arbitration in its today's dimension is a phenomenon that represents an alternative system to a state organized litigation. Arbitration is way of settling disputes among subjects in various fields of economic activities. There is commercial arbitration which is the most spread and used in the world, sport arbitration, mixed arbitration and others. This thesis, also due to the fact that it has been assigned by The Department of Commercial law - International Private Law, is devoted to international commercial arbitration. Arbitration is a private system of litigation in which private neutrals are called by parties to resolve their dispute. Arbitration held by individual neutrals chosen particularly for determinate cause is called ad hoc arbitration. In response to a stabilization of arbitration procedure, the arbitration institutions were established to provide arbitrational services and other dispute resolution services. Arbitration administrated by such institutions is in theory called institutional arbitrational, which is the subject of present work. The thesis is deemed to report on actual arbitrational and other dispute resolution services offered by major world institutions. These services include the arbitration proceedings itself which is the most important and...
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International Commercial Arbitration
Hlušička, Ondřej ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
The purpose of this thesis is to analyze international commercial arbitration, both ad-hoc and institutional, and institutional investment arbitration as the two types of arbitration procedure within international commercial transactions. The reason for my research is incessantly growing importance of arbitration as an alternative method for resolution of disputes arising out of commercial and investment relationships. In its first, general, part thesis focuses on basic principles and characteristics of international commercial arbitration and points out some of the issues that could emerge during an effort to use arbitration for dispute resolution. The second part of thesis outlines UNCITRAL Arbitration Rules as the most used arbitration rules in ad-hoc arbitration and to the contrary arbitration procedure before selected arbitration courts. Thesis also describes differences between Czech arbitration law and UNCITRAL Model Law on International Commercial Arbitration.
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Arbitrability of dispute and International Commercial Arbitration
Svatoš, Martin ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
Arbitrability of dispute and International Commercial Arbitration - Summary Bc. Martin Svatoš The objective of this thesis is to explain the issue of arbitrability of disputes in an international commercial arbitration, especially to compare the Czech and the foreign approach. The thesis consists of three chapters, each of them dealing with different aspects of arbitrability. Chapter One is introductory and defines basic terminology used in the thesis: especially the definition of arbitrability and the question of choice-law. It addresses the issue of the institution deciding the objection of arbitrability and the distinction between the subjective and objective arbitrability, too. Chapter Two concerns the subjective arbitrability. The approach of subjective arbitrability argues whether the State or state entities could be a part of arbitration agreement. However, this claim was questioned by some states and some authors. It examines relevant Czech and other legislations, especially the legislation of states with relatively hostile approach to subjective arbitrability, e.g. Iran. It concerns the old approach of Belgium, too. It presents the approach of denial of justice by several states. Finally, it provides an outline of relevant case law and illustrates the today's point of view by important award...
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