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Mediation of Commercial Disputes: Domestic and International Perspectives
Svatoš, Martin ; Pauknerová, Monika (advisor) ; Balaš, Vladimír (referee) ; Poláček, Bohumil (referee)
SUMMARY: MEDIATION OF COMMERCIAL DISPUTES - DOMESTIC AND INTERNATIONAL PERSPECTIVES Dr. Martin Svatoš This paper addresses the mediation and its use in the both domestic and international commercial disputes. The milieu that serves as a source of the problems to be resolved during mediation is a specific one. It demands quick, cost-effective and confidential resolution of complicated disputes involving several parties. In general, this cannot be granted by the traditional ways of dispute resolution - litigation and arbitration. Mediation is regarded as a cost-effective and quick extrajudicial resolution of disputes in civil and commercial matters through processes tailored to the needs of the parties. On the other hand, there are several legal and legal-related issues that have to be discussed. And thus, the question that remains to be answered is: Is mediation really as effective as it is told? And in the case of a positive answer - why it is not the most commonly used dispute resolution procedure? The main goal of this thesis is to answer these queries. Its first part focuses on the issue of mediation in general. Quite surprisingly, there is no exact definition of mediation neither in the legal acts, nor in the opinion of the ADR experts. In contrast, plenty of definition can be found after short...
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Development of Business Activities for Selected Company
Horvátová, Lenka ; Slámová, Iveta (referee) ; Šimberová, Iveta (advisor)
This master´s thesis is focused on the development of business activities of the subsidiary company Rhenus Logistics, s.r.o., which operates on the market of logistics services. The company concentrates on its own development, consolidating its position on the market and acquiring new customers. Based on theoretical knowledge, analyzes will be carried out in this thesis to access the current market and given company´s situation. The result of the thesis will provide proposals for development of business activities of the company.
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Arbitration proceedings as a means of dispute resolution in international law with regard to the recognition and enforcement of foreign arbitral awards
Petr, David ; Balaš, Vladimír (advisor) ; Macková, Alena (referee)
Arbitration proceedings as a means of dispute resolution in international law with regard to the recognition and enforcement of foreign arbitral awards Resumé Arbitration as a method of settlement of disputes settlement has enjoyed growing popularity in recent several years. Arbitration stands between other alternative means of dispute settlement and the common court trial as a alternative dispute resolution. Although negotiation, good offices, mediation, conciliation, inquiry, mini-trial, medarb or meadaloa are often used forms of the dispute settlement their awards cannot be enforced by the state authority. Those means are popular mainly in the business field where the parties are interested in the cooperation and where they aim to clear up some misunderstanding or technical problems rather than solve major disputes between them. While the dispute should be solved by the binding way the parties would choose the arbitration as a legally framed procedure. Arbitral awards are then able to be enforced and the parties also have more exact boundaries for the whole procedure. However, there is no unified definition of the arbitration, it could be described as a legal technique where the parties bring claim before one or more neutral persons (arbiters or arbitral tribunal) by whose award the parties agree to be...
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Mediation as a type of alternative dispute resolution
Kozlová, Kateřina ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The purpose of this thesis is to present mediation as an Alternative Dispute Resolution (ADR). The selection of this topic is influenced by the currency of this issue. This currency can be seen in the adoption of mediation act, which is first of its kind. The thesis is composed of five chapters. The first chapter deals with the general concept of ADR and presents different types of ADR. The second chapter then presents mediation as one of the types of ADR, and focuses on the concept of mediation, its history, the role of mediator and the mediation process in its four sub-sections. The crux of this thesis is then in the following chapters which addresses how mediation is utilised in the European, Czech and Australian legal environments. The third chapter of this work shows the development of mediation in the EU, which led to the adoption of the Directive on certain aspects of mediation in civil and commercial matters (2008/52/EC). This Directive is an essential guide for the development of mediation in the EU Member States, including the Czech Republic. On 13th June 2012 Act No. 202/2012 Sb. on mediation and amending certain laws, which establishes the new concept of mediation in the Czech Republic, was introduced. The adoption of this law implements a Directive on mediation, which the Czech...
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Mediation as an alternative dispute resolution method
Glatz, Viktor ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
This thesis is dedicated to mediation as an alternative dispute resolution method and as a possibility to prevent long lasting court disputes which occur more than necessary. The aim of this thesis is to point out the advantages of mediation and the possibilities of its wider implementation in Czech Republic, while comparing with the Australian system, where mediation is widely used. The thesis is separated into six parts. The first part is focused on a brief introduction of some ADR methods, in particular renegotiation, mediation, pre-arbitration settlement methods, arbitration and hybrid ADR methods. Furthermore, this part focuses on the history of mediation around the world and in the Czech Republic. The end of the first part focuses on a detail analysis of various forms of mediation based on several criteria of division. The second part compares mediation to court proceedings from three different points of view. These are the ability of each method to fulfil the aims and needs of the parties, the aspects of the dispute and of the parties which affect the suitability of each method and lastly the ability of each method to eliminate the barriers to an effective resolution of the dispute. In the third part the author focuses on the role of the mediator, the organisation of mediation in the Czech...
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Safety Management System for Transport of Materials and Dangerous Substances
Klímová, Zdeňka ; Krejčí, Libor (referee) ; Adamec, Vladimír (advisor)
The task this master’s thesis was evaluated present status safety management system for transport of materials and dangerous substances. I looks this issues like whole in The theoretical part. I want to find all kritical locations. I analysis type of transport, transport routs, driver training, legislation and label the most transport of materials and dangerous substances. I want to found the risk to remove or cushion. I want to proposed preventive measures in the practical part.
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Analysis of Critical Points in the Transportation of Hazardous Substances by Road
Fidrichová, Ivana ; Dostál, Ivo (referee) ; Adamec, Vladimír (advisor)
Diploma thesis focuses on the analysis of critical points in the transport of hazardous materials on the basis of which there is given a methodology for selecting safe routes. Thethesis includes statistical data on the total performance in the transport of hazardous materials within the EU states as well as specifies the proportion of transport performance of hazardous materials to the total performance among the individual European countries. For Czech Republic, the thesis also presents a statistical overview of the accident rate associated with this kind of transport as well as deals with the causes and consequences of the accidents occured during the transportation.
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Identification of forces in the transport of liquids
Štursa, Martin ; Pokorný, Přemysl (referee) ; Kubín, Martin (advisor)
This bachelor’s thesis deals with transport of liquids on the roads. In the first part of the thesis, tanks are divided by construction, then the problem of transporting of liquids by European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) is analysed. In the second part of the thesis, maximal speeds for a vehicle transporting a liquid during cornering are defined and calculated. These calculations are then applied in the solution of a real-life example.
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