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International Arbitration and its roots
Šídlová, Kateřina ; Balaš, Vladimír (advisor) ; Tymofeyeva, Alla (referee)
International Arbitration and its roots Arbitration, or in other words peaceful settlement of the dispute, is currently one of the most used methods of settlement of the disputes both on international and national levels. Considering the high augmentation of the disputes resolved through the means of arbitration especially in the last twenty years of this century the arbitration can boldly compete with the judicial resolution of the disputes in popularity and in the number of resolved cases. Considering the augmentation of use of arbitration clauses especially in the private law contracts, there is often a wrong idea, that the process of arbitration is primary an institute of the private law and that it is a new institute, which has been created in the modern times and historically did not exist at all. In chapters four till six of my thesis I will be focusing on proving that roots of today so often used institute of arbitration run deep in the history, till the times of Ancient Greece even, which was the cradle of the civilization as well as of the arbitration. Subsequently I will in this part map the evolution of the arbitration during the two thousand years of its existence, when on this I will show which aspects of the arbitration prevailed to these days and in which aspects contrary is the...
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Arbitration and mediation in international commercial disputes
Hanajová, Tereza ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
Arbitration and mediation belong to the popular methods used for the international commercial disputes. In the diploma thesis, the author mainly describes the combinations of the processes, focusing on the med-arb with one neutral. Med-arb is considered by the academics to be a controversial method. Since the topic is examined in the context of international commercial disputes, the author analyses not only the Czech law but also foreign jurisdiction and rules of the international organisations. She also refers to recently published researches, such as the International Arbitration Survey 2018 safeguarded by Queen Mary University or the reports of the Herbert Smith Freehills, Pricewaterhouse Coopers and International Mediation Institute. In the first chapters of the thesis, the author describes the individual ADR methods and their combination. The second and third chapter focuses on positives and negatives connected with the method. The effectivity of the process, flexibility, possible loss of impartiality of med- arbiter and conflict of interest are discussed. Following this information, the author presents in the fourth chapter how to work with med-arb in order to eliminate the negative aspects. She gives the attention to the demands on the mediator and arbitrator which the med-arbitrator has to...
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Alternative Dispute Resolution
RŮŽIČKA, Daniel
This thesis evaluates the implementation and realization of the "Alternative Dispute Resolution" project in Czech Republic. The concept is based on the assumption of di-ametrical inequality between the consumer and the vendor. The ADR aims to increase enforceability of consumer rights otherwise than in court. The system offers to consu-mer three ways how to solve his problem. It is Arbitration, Conciliation and Mediati-on. Unlike court proceedings, all of these methods are very low cost. This work examines consumer awareness about possibility of resolving their dispute with entre-preneur by ADR form. This was done through the questionnaire survey and the in-depth interview with leader of The Czech Trade Inspection Aut-hority ADR department. The research provides data how to raise awareness about ADR system among consumers.
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Modes of extrajudicial resolution
Vančurová, Kateřina ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
56 Abstract The purpose of this work is to introduce the concept of Alternative Dispute Resolution as a full alternative to civil judicial proceedings. Emphasis is placed on the utilization of the alternative procedures in the Czech legal environment and on contemporary Czech legislation as well as its possible future development. The thesis was elaborated using primarily domestic professional literature, while a significant portion of the resources was represented by legal enactments including the relevant legislative history. This thesis only deals with foreign approaches to Alternative Dispute Resolution marginally, which is reflected in the choice of resources - foreign resources have been used to a very limited extent. Following the initial overview of the topic and the introduction of the author's relationship to the concept of Alternative Dispute Resolution, this thesis presents the theoretical classification of these methods and collectively enumerates the legal regulations pertaining thereto. This is followed by an elaboration on the most frequently used forms of Alternative Dispute Resolution, namely mediation at first and arbitration second. For each of the named forms of Alternative Dispute Resolution, the thesis describes the differentiating characteristics of each method, the process of the...
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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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Arbitration According Rules of the International Chamber of Commerce in Paris (ICC)
Žilinčíková, Ivana ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Arbitration as an out-of-court form of business dispute resolution is becoming increasingly popular. One of the most important institutionalized arbitration on international level, is arbitration according the Rules of the International Chamber of Commerce located in Paris. One reason for choosing this type of arbitration is in particular the international importance and the authority that the International Chamber of Commerce and its affiliated institutions, in particular the ICC Court, have in the international trade area. I consider this type of arbitration to be one of the most appropriate forms of proceeding in international business disputes, what also confirms the history of its development, the benefits it provides by its principles and the authority that the arbitrators obtain. The process of adaptability of the proceeding and the highly skilled arbitrators provide a great ground for the smooth running of the whole process. The basic principles of this type of arbitration are the autonomy of the parties will, the principle of equality of parties, non-publicity, discretion, speed and economy. That 's why the greatest pressure is placed on arbitral tribunal members who, in addition to respecting the Rules ICC, must also strongly respect the imperative regulations and public order of the...
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Types of civil procedure
Beroušková, Monika ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The attempt of this diploma thesis is to introduce the reader various types of civil procedure. The civil procedure is one of the types of justice besides criminal, administrative and institutional justice. The civil procedure represents the united process, which is internally differentiated. This differentiation is the result of historical development, when the original function of the civil procedure access additional features. The purpose of the civil procedure is not only to provide protection to endangered rights. Another function is to protect the rights against threat. Finally, there is the function of execution and reinsurance. The purpose of this thesis is to provide a comprehensive overview of the various types of civil procedure, their characteristics, common features and differences. The content of this thesis are various types of civil procedure and it is divided into three parts. The first part deals with the civil procedure in general and it's history. The second part, as the main part of the diploma thesis, focuses on characteristics of each types of civil procedure. First there is described civil trial proceedings, which is divided into contentious and non-contentious proceedings. The purpose of civil trial proceedings is to protect the violated or threatened rights or regulation...
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Bilateral investment treaties from the view of investment protection
Šrámek, Petr ; Štěrbová, Ludmila (advisor) ; Černá, Klára (referee)
The bachelor thesis deals with bilateral investment treaties, which create investment environment and ensure investment protection between states. Protection is based on adherence to accepted rules. In the event of a breach of terms of the agreed rules, there are investment disputes which this thesis also discusses. The aim is to analyze and identify bilateral investment agreements and the problems associated with them.
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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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Alternative Dispute Resolution and the Rights to Judicial Protection in the Czech Republic
Peroutka, Jan ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The aim of this master's thesis was to describe alternative dispute resolutions in the overall context of the right to judicial protection guaranteed by the judicial system. In the Czech Republic, there are several alternatives to legal proceedings; these are in particular: (1) arbitration, (2) mediation, and (3) conciliation by the Consumer Protection Act. The thesis then aimed to answer the question whether the existence of these different techniques of settling disputes extends the right to judicial protection of the parties - in a broader sense, whether there is an increase in application of their procedural rights - or vice versa. Arbitration represents an important part of this thesis. I first focus on procedural rights participants in arbitration are guaranteed. I conclude that participants can waive the right to judicial protection guaranteed by Art. 36 of the Charter of Fundamental Rights and Basic Freedoms only under strict conditions, i.e. the expression of will must be unequivocal, informed (conscious) consent, free (voluntary, i.e. without coercion), unconditional; and only to a limited extend. However, this waiver is not absolute and unlimited; certain minimum guarantees of procedural rights defined by practice of the European Court of Human Rights in Strasbourg are applied to ensure a...
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