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Transparency of proceedings in international arbitration
Poliaková, Lucia ; Balaš, Vladimír (advisor) ; Horáček, Vít (referee)
1 Transparency of proceedings in international arbitration Summary The purpose of my thesis is to explore the concept of transparency in international arbitration. There are different types of international arbitration, characterized by different participants and naturally distinct aspects of procedure. One of these aspects is, according to my opinion, the said transparency of the proceedings. For the purposes of this thesis, I have decided to analyze the position of transparency in two major areas, namely in investment arbitration and in commercial arbitration, respectively. As the concept of transparency in international arbitration is only recently developing, there is much to be resolved. Thus, the state of the affairs with respect to the subject matter of this thesis is ambiguous and misty. The aim of my research is to describe the position of transparency in two basic types of arbitration and identify the reasons for different trends in this respect. The thesis is composed of an Introduction, four basic chapters and a Conclusion. Chapters are divided into subchapters and parts, respectively. The Introduction presents the topic, defines relevant terminology and sets out the aim of my thesis. Chapter One deals with the confidentiality of arbitration which is clearly opposite concept than that of the...
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The Person of Arbitration in International Commercial Arbitration
Mazuchová, Kateřina ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The topic of the thesis is The Person of Arbitrator in International Commercial Arbitration. Arbitration has undergone a number of changes in recent years. This procedure is very popular not only for a choice of Arbitrator, but also for its speed and lower costs, as compared to the other methods of dispute resolution. In the work has been carefully analyzed the whole procedure from the viewpoint of an Arbitrator, especially his duties and powers. The amendment to Act No. 216/1994 Coll. - Act No. 19/2012 Coll., with effect from 1.4.2012 was to distinguish arbitration for consumer and without consumer. Part of the thesis are also proposals de lege ferenda.
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International arbitration and the Brussels' jurisdictional regime
Macháčová, Paulína ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
in English The purpose of this master's thesis is to analyse the interfaces between international arbitration and litigation within the Brussels' jurisdictional regime. Arbitration has always been excluded from the scope of the Brussels' regime. However, the exact scope of this exclusion was always unclear and subject to long lasting debates and disputes. The consequences of determining whether a certain issue falls within the exclusion or not are far reaching and may seriously jeopardise the enforceability of an arbitration agreement and the effectiveness of arbitration in general. The main problem connected with the uncertainty regarding the actual scope of the arbitration exclusion, is the risk of parallel proceedings and conflicting judgements. Firstly, this thesis provides a general characteristic of alternative dispute resolution with focus on international arbitration and sources of its regulation. The overview of the history of the arbitration exclusion follows in order to create a foundation for the following analysis of the exclusion itself. The core part of the thesis aims to determine the scope of the arbitration exclusion, mainly through the analysis of the CJEU's case law and relevant literature. Special attention is paid to the judgements on validity of an arbitration agreement and...
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Extending arbitration clause on third parties in (international) commercial arbitration - selected issues in comparison of international arbitration practice and Czech law
Cienciala, René ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
CIENCIALA, R.: Extending arbitration clause on third parties in (international) commercial arbitration - selected issues in comparison of international arbitration practice and Czech law; doctoral thesis ABSTRACT The purpose of my doctoral thesis is to analyse in the context of the (international) commercial arbitration whether at all, and if so under what conditions can an arbitration agreement be extended on third parties as its non-signatories - i.e., parties who have actually not undersigned the said agreement. The thesis is based on a critical analysis thereof by evaluating the selected and relevant case-law, both judicial and arbitral, and the key legal jurisprudence in comparison of the international arbitration practice and Czech law. The thesis consists of nine main chapters. After the introduction of the subject-matter (first chapter), I focus on a fundamental basis thereof - i.e., the doctrine of separability of an arbitration agreement from the underlying contract (second chapter), followed by a thorough analysis of a selected theoretical conceptions concerning the extension of arbitration agreement on third parties (third to seventh chapter). Accordingly, I evaluate the following issues: a succession and assignment or other transfers of rights in the third chapter, the position of guarantors in...
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Arbitration as a type of alternative dispute resolution.
Staňková, Monika ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This thesis deals with arbitration. The aim of the thesis is to determine whether arbitration has a future in of Czech Republic and whether it can compete with court proceeding considering its regulation in the Act on arbitration. The thesis enables the confirmation or disproof of hypotheses claiming that arbitration represents a parallel to dispute resolution in civil proceedings, that the amendment of the Act on arbitration from the year 2016 is a step in the right direction, and that general courts do not intervene in the arbitration proceedings. The diploma thesis is divided in two chapters, the first chapter discusses alternative disputes resolution and the second chapter analyzes arbitration. Within the second chapter, the attention is focused on the concept of arbitration, its contemporary regulation and types, arbitrability, arbitration ageement, arbitrator, principles, process and ending of arbitration.
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CAN transceiver evaluation platform
Bažant, Ladislav ; Hynčica, Ondřej (referee) ; Fiedler, Petr (advisor)
The goal of this thesis is to design units with Control Area Network support. These modules can be connected into the network to test new CAN transceivers’ functionality. Next part of the thesis is programming of a firmware for the microcontroller and a user program for PC which is used for network parameters’ settings and for detecting various errors during communication.
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Consumer protection in financial services
Novák, Daniel ; Rajl, Jiří (advisor) ; Špániková, Kateřina (referee)
The theme of the bachelor thesis is consumer protection in financial services. At first, the thesis focuses on the history of the consumer law. The thesis also deals with a distinction of the terms public and private consumer law regulations and with an application of their provisions to the environment of Czech Republic. The key issue of this thesis is the consumer protection within a consumer credit, development of consumer protection in relation to European Union. A part of the thesis also deals with consumer protection within an arbitration and an insolvency procedure. Individual parts are confronted with findings, judgments and judicial decisions.
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Mediation in Czech and Slovak republic
Jesenská, Katarína ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This bachelor thesis provides comperhensive view on one of the alternative dispute resolution methods - mediation. The aim is to clarify the existing legislation regarding mediation in Czech and Slovak republic and to explain major similarities and differencies in both legislations. In addition, the thesis includes the practical aspects of mediation which enables better understanding of whole issue. The thesis also answers the question whether the current legislation of mediation meets the requirements, which are placed upon it.
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Arbitration and mediation in Czech Republic
Charvátová, Karolína ; Grmelová, Nicole (advisor) ; Květenský, Vítězslav (referee)
The Bachelor's Thesis deals with arbitration and mediation according to valid legal legislation in Czech Republic. First part describes main problems of arbitration, it mentions history and development, defines the term, including adventages and disadvantages. The second part is addicted to mediation and its valid legal legislation in Czech Republic, it mentions hisory and the characteristic of this term including its adventages and disadvantages and also it dedicates to institutions and organizations stating in this area. The third, practical part is dedicated to analisis of new accepted legal act about mediation. This legal act is compared to directive of the European Parliament and of the Council of European Union EU 2008/52/ES about mediation in civil and commercial matters. As the result is the depth and rightness of implied directive to czech law.
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