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UNCITRAL Arbitration Rules and their application in practice
Halada, Martin ; Růžička, Květoslav (advisor) ; Pfeiffer, Magdalena (referee)
UNCITRAL Arbitration Rules and their application in practice The purpose of the thesis is to analyse the UNCITRAL Arbitration Rules and the ways they are applied and interpreted by parties of dispute and arbitrators in international commercial arbitration. The thesis is divided into two parts. In the fist part the basic principles and legal framework of international commercial arbitration are described. Differences between institutional arbitration and ad hoc arbitration are discussed and special chapters are dedicated to permanent arbitration courts in the Czech Republic and important international arbitration institutions. Second part begins by discussion of the UNCITRAL Commission history and describes historical development of the UNCITRAL Arbitration Rules. Analysis of individual articles follows. With some articles there is established common international practice regarding their application or interpretation in international commercial arbitration. In such cases these practices and interpretations are discussed in more detail. Some articles of the revised 2010 version of the UNCITRAL Arbitration Rules are significantly different compared to the 1976 version of the UNCITRAL Arbitration Rules. These differences are analysed comparatively. Legal-analytical, legal-descriptive and legal-...
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Contractual obligations in private international law
Haasová, Tereza ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The objective of this Master's thesis is to analyze the rules of law governing contractual obligations in private international law. First, the relevant sources of law and their concrete application are examined through descriptive and analytical method. The thesis is then focusing on two specific phenomena that have significantly influenced the development of the field in the last few decades. The first one is a gradual process of unification taking place at the legislation level. The second one is called "new lex mercatoria" and represents a non-sate source of rules governing contractual obligations with a cross-border element. Both of the phenomena are analyzed from both theoretical and practical point of view. The thesis is divided in five chapters and the analysis progresses from a general to a more specific level. The first chapter focuses on the legal definitions indispensable for a more detailed analysis provided in the following chapters. In order to better contextualize the rules governing contractual relationships in the international private law, the second chapter is dedicated to its historical evolution. Moreover, the chapter introduces and compares methods regulating contractual relationships in the international private law, while acknowledging the specific circumstances of their creation....
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Alternative dispute resolution for domain names
Gongol, Tomáš ; Švarc, Zbyněk (advisor) ; Boháček, Martin (referee) ; Jakl, Ladislav (referee) ; Růžička, Květoslav (referee)
The thesis in its theoretical part deals with problem of a domain name and alternative dispute resolution definitions. The view on the domain name definition is described both in Czech legal order and the international context. Rules of registration and using domain names are defined not only by the state law but also and above all by private rules formed by generic and country code top level domain administrators. Analyses of these legal sources and theirs comparison is necessary presumption for legal discretion of further development. Missing legal definition causes many problems which are shown in the context of concrete court and administrative decisions in the Czech Republic. Especially important are relations between domain names and trade marks, trade names, right to protection of person and the law of unfair competition. For definition of an alternative dispute resolution a special method of Aristoteles' logical square was used and applied on conditions of disputes resolution. The object of interest in the second practical part of the thesis is a legal regulation of .eu domain names. After necessary definition of legal sources, especially on secondary law level of the European Community, follows in practical part analysis of decisions concerning .eu domain name disputes issued by alternative procedure provided by the Czech Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, in the year of 2007. Essential part of this analysis is formation of domain name "case law".
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