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International aspects of Czech public procurement
Sommer, Lukáš ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
International aspects of Czech public procurement Abstract This thesis focuses on international aspects of Czech public procurement. In the international area the Czech public procurement act determines the process how to establish decisive legal system governing the mutual public tender procurement of contracting authorities from different states of European union (one of them is obliged to act in accordance with Czech public procurement act) - cross border joint procurement, contains exceptions which can be used by the contracting authorities to act outside the regulation of this act, but in accordance with the rules of the international organizations and finally includes institutes which can affect foreign economic operators, from the area of possibility of foreign economic operators to participate in the public tender and from the area of qualifications which has to be proven by them. By the analysis of the appropriate provisions of the Czech public procurement act, judicature, law of European union and other sources I came to the conclusion that Czech public procurement act includes adequate institutes to be used when foreign economic operators participate in Czech public tender with international impact (with the correctives of behavior without discrimination and equal treatment), when Czech...
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UNCITRAL arbitration rules and their application in practice
Vlasova, Olga ; Růžička, Květoslav (advisor) ; Zavadilová, Marta (referee)
UNCITRAL Arbitration Rules and their application in practice Abstract This thesis investigates the UNCITRAL Arbitration Rules and their application in practice. The aim of the thesis is to analyze the extent of the application of UNCITRAL Arbitration Rules and other UNCITRAL rules in the current climate of the development of international trade, the growth of international economic relations and, as a result, the enhancement of integration processes. Legal-analytical, legal- comparative and legal-descriptive methodology is used to address the aforementioned research question. The thesis is divided into two parts. In the first part, the reader is acquainted with the general concept of international arbitration, the arbitration agreement as the basis of arbitration, arbitrability and, last but not least, the difference between ad hoc and institutional arbitration. In the second part, the author covers the UNCITRAL Commission and its role in private international law, investigates the legal aspects of the UNCITRAL Arbitration Rules and their most recent revision in 2010 and their practical implementation in modern conditions of international trade under the current impact of economic sanctions. In conclusion, the author draws up specific statements, that further development of the UNCITRAL Arbitration Rules...
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Substantive law applicable to arbitration clause and other rights in international commercial arbitration
Liška, Dominik ; Bříza, Petr (advisor) ; Růžička, Květoslav (referee)
Law Governing the Arbitration Agreement and Other Laws in International Commercial Arbitration Abstract The thesis aspires to create a structured overview of the four legal systems that are applicable in the international commercial arbitration. Namely (i) the substantive law of the contract - lex contractus; (ii) the "procedural" law of the arbitration agreement - lex arbitri; (iii) procedural rules agreed between the parties either ad hoc or by reference to institutional arbitration rules; and (iv) the substantive law of the arbitration agreement also called the law governing the arbitration agreement. In pursuing its aims, the thesis focuses on interaction between each of these legal systems as well as on the questions, that has not yet been settled. Each chapter further analyses different approaches to determine applicable law in the absence of a choice made by the parties. Such an analysis is important to properly understand the methods used in determining the law governing the arbitration agreement, because they are interconnected. On the basis of the overview presented in first chapters, the thesis focuses on detailed inquiry of the law governing the arbitration agreement, whose scope and applicable choice of law is still a matter of discussion. Therefore, the fifth chapter plays a central role in...
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Insolvency of business corporations in the context of European Union and United States law
Šerák, Martin ; Růžička, Květoslav (referee)
v anglickém jazyce Despite the market relevance and cross-border operations of numerous credit and other financial institutions, the recent global financial crisis has clearly demonstrated that even the most significant conglomerates of the financial sector are not safe from the threat insolvency. Given cross-border activities of these institutions, any resolution of their market failure requires a comprehensive approach, inevitably facing also complexities arising from the presence of an international element. In this regard, this work examines persisting pitfalls pertaining to determination of international jurisdiction and applicable law, considering specific principles that govern current regulation of international insolvencies of credit institutions in conjunction with fundamental principles of universality and territoriality. With reference to existing case law, it is shown that despite the dogmatic dominance of the universality principle, the international solution of the insolvency of credit institutions still clashes with significant territorialism tendencies. Given the unique position of credit institutions and their systemic importance for financial stability, their resolution has traditionally been entrusted to supervisory authorities with competence. As a result, credit institutions...
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Arbitration Proceeding in the International Trade
Hulmanová, Nina ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
This thesis describes and portrays system of arbitration proceedings in the international trade, staring with filing of motions ending with enforcement of arbitral rulings. Arbitral proceedings are legal alternative of settlement of legal disputes to traditional court cases, where a third entity - a intermediary, rules in a legal dispute delivering a binding and enforceable arbitration ruling. My paper consists of eight chapters First chapter broadly describes characteristics of alternative settlement of legal rows, defines connections with arbitral proceedings and involves a brief characteristics of single ways of ADR, such as mediation, conciliation, mini-trial, expertise etc. Second chapter is in introduction into the very essence of arbitral proceedings. If explains definition, characteristics and fundamental theoretical doctrines, which define legal nature of this institute, Since all sides yield to arbitration rulings deliberately, is this chapter dedicated to advantages and disadvantages determining decision-making of involved parties. List of proceedings' option can be found at the end of chapter. This involves institutional arbitrage, running in front of permanent arbitration institution, based on its rules, permanent fees and list of arbitrary judges as well it includes ad-hoc arbitrage, when a...
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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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