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Applicable Law in International Commercial Arbitration
Coufalová, Jitka ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Applicable Law in International Commercial Arbitration (Abstract) The aim of this thesis is to analyse the choice of applicable law in the international commercial arbitration from three perspectives: applicable law of an underlying agreement, applicable law of an agreement to arbitrate, and applicable law of procedural aspects of arbitration proceedings (lex arbitri, arbitrability). Furthemore, the thesis is alco focused on elements related to the choice of applicable law, for instance the principle of party autonomy and limits of the choice of applicable law. To answer the main three above-mentioned questions regarding applicable law, comparative method is used and subsequently number of foreign legal regulations on arbitral proceedings as well as arbitral awards and relevant case law are analyzed. Theoretical approaches to the choice of applicable law are therefore confronted with their potential application and modifications in practice.
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Arbitration clauses in investment contracts and in international trade, a comparative study
Bodláková, Aneta ; Balaš, Vladimír (advisor) ; Pauknerová, Monika (referee)
VII. ZÁVĚR V práci jsme se zabývali rozhodčími doložkami užívanými jak čistě ve smlouvách mezi subjekty soukromého práva, v našem případě doplněné o mezinárodní prvek, tak i v tzv. investičních smlouvách. Investiční smlouvy užité i v názvu práce jsme definovali v širším smyslu; zahrnuli jsem do nich smlouvy investiční jako smlouvy nejčastěji koncesní uzavírané mezi státem a investorem druhého státu, ale i tzv. dohody o ochraně investic uzavřené mezi dvěma státy. Cílem práce pak bylo nahlédnout do často komplikované problematiky rozhodčích doložek, přičemž autorka v zásadě provedla srovnání na jejich základních stavebních prvcích. Celá práce byla strukturována do šesti kapitol. První tři kapitoly jsou nezbytným podkladem pro samotnou studii, zahrnující vymezení základních metod, definování hlavních pojmů, vymezení rozhodčí doložky jako ústředního tématu práce. K samotnému rozboru autorka přistoupila až v kapitole IV., V. a VI. Jednotlivé kapitoly byly dále strukturovány do podkapitol. Práce má tedy logickou systematiku založenou na gradaci jednotlivých bodů podle své komplikovanosti či nejasnosti v rámci každého tématu. Ve III. kapitole autorka rozebírala základní stavební prvky rozhodčích doložek, tzn. že se zabývala arbitrabilitou a jejím pojetím v obou vymezených oblastech práva, dále způsobilostí stran...
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The liability of the carrier in international carriage of goods by road
Lojda, Jiří ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Even if the international carriage of goods by road has been regulated by the Convention on the Contract for the International Carriage of Goods by Road since more than 50 years, there are still differences in application of this Convention by courts, some differences could also be find in the approach of the doctrine. This situation decline of course the certainty of the carrier concerning the probable solution of the dispute in international carriage of goods by road. The purpose of the study was the systemic description of the liability of the carrier according to the Convention on the Contract for the International Carriage of Goods by Road and finding of a solution of some problems, which could occur by the application of the convention. This solution should be based on the knowledge of the theory, the opinions expressed by courts and doctrine and on the knowledge of applicable law.
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Current Issues of Legal Regulation of International Carriage by Air
Pithart, Jan ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
English Abstract Current Issues of Legal Regulation of International Carriage by Air This thesis focuses on certain current issues connected to international carriage by air. Air transport is vital and steadily growing part of global economy. Rapid growth of the sector during 20th century also showed need for legal regulation reflecting its specifics. The first charter of the thesis briefly reviews developments of international public law since the beginning of the last century. International public law may be regarded as a backbone of legal framework of civil aviation. This may be said mainly about the Chicago Convention that not only provided essential consensus between states on basic rules for international carriage by air, but also established the International Civil Aviation Organisation (ICAO). ICAO may be regarded as an essential platform for establishing new legal framework for aviation on global level. The second part of chapter one deals with certain issues of international private law related to carriage. In this respect it describes development from the Rome Convention of 1980 to EU Regulation Rome I. Differences between the two have been briefly described in this section. Furthermore I deal with the controversial issue of choice of law in contract of carriage between the carrier and...
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Private International Law from a Comparative View. Succession in Private International Law according to Czech and Austrian Law
Kernová, Lenka ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Private International Law from a Comparative View Succession in Private International Law according to Czech and Austrian Law The aim of the following thesis is to compare the Czech and Austrian rules of international private law in the area of succession and wills. I have chosen this topic, because this area was so far not comprehensively unified, which is to be changed in the early future. Apart from current legislative works on the european field, new internal international private law act is also being prepaired in the Czech Republic. The thesis is composed of 12 chapters and several subchapters. The first chapter describes the historical background of current international private law with special consideration of the succession area. With regard to the common historical development of the two states, it is considered as appropriate initial basis. The two following chapters represent introduction into international private law in general. Specifically the understanding of the term "international private law" in both laws is being analyzed here. And also I attempted to describe the internal structure of Czech and Austrian international private law acts. Starting with chapter 4 I focused on the branch of law of succession. Firstly I tried to introduce the topic with explanation of the given term. As it...
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The Internet and private international law
Vágnerová, Alena ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
This thesis deals with issues raised by the emergence of the Internet and e-commerce for the private international law. Using the Internet to conduct business brings up new situations that must be reflected and dealt with by law. It is to be solved whether just accommodation of current rules will be enough or new regulation will have to be adopted. At first the thesis describes specific characteristics of the Internet, such as low costs of addressing users regardless of their geographic location or possibility of performing contracts in digitalized form and legal consequences of these characteristics. The following chapter deals with principles from which stems the difference in between jurisdictional rules in common law and civil law states. It examines jurisdictional rules stated in Brussels I Regulation in relation to e-commerce, especially consumer contracts. These firm rules are aimed to secure predictability of forum and in times of the Internet they have to overcome some difficulties through autonomous definitions of European Court of Justice. The next chapter describes the approach of US courts to Internet related disputes. Since they have wide discretion they are able to react much more flexibly to technological developments. Their decisions therefore may be an inspiration for the...
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The function of an arbitrator in international arbitration
Ondruš, Jan ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
The Function of an Arbitrator in International Arbitration (abstract) Jan Ondruš With increasing importance of the international arbitration as a resolution mechanism for disputes arising from international commerce, the role of international arbitrators becomes also more important. The trials to find uniform theoretic explanation of all issues related to the function of arbitrator are however unsuccessful, due to theoretical differences between different legal cultures. The author of this thesis tries to analyze these different approaches and focus more on the function of arbitrator in international arbitration, where on one side there is a clash between the above mentioned different approaches, but on the other hand the established system facilitates mutual recognition of arbitral awards from a state with different legal regulation of arbitration. The author focuses primarily on the explanation of the term international arbitration as mechanism of dispute resolution. Secondly, the author analyzed requirements, the mostly often imposed on potential arbitrators by state law, by arbitral institutions and by parties and also different mechanisms of establishing the function of arbitrators. After this analysis the author elaborates on the relationship, established between the parties and the arbitrator in the...
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Recognition and Enforcement of Foreign Judgements in the European Union : (International Civil Procedure Law in the European Union - Selected Issues)
Čáslavská, Eliška ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis deals with the topic " Recognition and enforcement of foreign judgements in the European Union (International civil procedure law in the European Union - selected issues). Aim of my thesis is to provide systematic overview of legal rules directly applicable on recognition and enforcement of foreign judgements. The text is divided into eight main chapters, introduction and conclusion. The introduction of the thesis describes purpose of the text that is to compare particular regulations governing these questions and also defines basic terminology important for this topic. Following chapters focus on relevant regulations and have uniform structure. Opening of each chapter explains elementary characteristics of applicable regulation, reception of this regulation and its main goal. Next subchapters contain demarcation of the material competence of regulation, after that follows procedure of recognition and enforcement of foreign judgements. The chapter ends with relations to other instruments. Chapter Two concentrates on the recognition and enforcement of foreign judgements pursuant to Brussels I Regulation (Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) which is the first legal instrument in this area and...
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The choice of law and court in international trade
Bříza, Petr ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
The dissertation thesis deals with choice of law and choice of court in the area of international trade, as governed by the EU and international legal instruments. The thesis is divided into 4 basic chapters, its centerpiece being chapters II and III, which contain a detailed analysis of choice of law and choice of court in the EU legal instruments and also in international agreements. Chapter I is an introduction of the topic, while chapter IV brings a summary of findings and conclusions made throughout the thesis. The introductory chapter brings about the justification, why it was choice of law and choice of court, which have become the subject matter of the thesis. Right at the beginning, the importance of these tools for international transactions is demonstrated; principle of party autonomy, which is reflected in these tools, plays a key role here. It is party autonomy principle and its history, what is analyzed in the first part of this chapter, while the author comes back to this pivotal (and nowadays in principle universally respected) principle also in other chapters, always in relation to the specific legal instruments dealt with therein. The introductory chapter also discusses the reasons, why parties conclude choice of law agreements and it also analyses under which circumstances they...
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Status and rights of transsexual people in national and international context
Šoltísová, Eva ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis is an analysis of the status and the rights of transsexual people and of the legal aspects of sex change, both in the national and international context. It deals with sex change from the legal point of view, de lege lata and de lege ferenda, and with the development of laws concerning sex change and the access to sex reassignment surgery during the last years. Special focus is given to the status of underage transsexual patients. The legal consequences of sex change are described. The thesis extensively copes with fundamental human rights and freedoms which were subjected to the European courts' decisions. It deals with questions that occur when the international element is present in the process of sex change, and especially with the recognition of a new sex status in one's home country or abroad. The situation worldwide is summarized, together with different approaches to transsexuality in different countries. Problems of hate crimes and asylum are also pointed out.
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