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Financial arbitrator
Jendrulková, Anna ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Financial Arbitrator The legislative introduction of the institute of Financial Arbitrator as the relevant authority for settling out-of-court disputes into Czech law is a relatively new phenomenon, and is related to the interests of consumer protection within the European Union. In particular, the interests of the European Union in this area are to reinforce consumer confidence in the financial market. Given the fact that the majority of consumer disputes are so-called petty disputes, and resolving these disputes before the national courts is too lengthy and costly for consumers, the European Union has placed a duty upon its Member States to introduce the option for consumers, in case of any possible disputes, to be able to turn to the out-of-court dispute settlement authority for assistance in selected areas of the financial market. Any proceedings heard before such authority are free-of-charge and less formalized, thus enabling consumers greater accessibility in protecting their rights against institutions operating in the financial market. The first chapter describes the reasons for the institution of Financial Arbitrator, i.e. it is exactly for the purpose of consumer protection, which should result in increased consumer confidence in the financial market, and the possibility to enforce one's...
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Dispute resolution by a financial arbitrator
Jankových, Kristýna ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The aim of this diploma thesis was to identify and analyze the decision-making activities of the Financial Arbitrator as an out-of-court dispute resolution body for some of the consumer disputes in the area of financial services, both procedural and substantive points of view. The author discusses the importance and practical impacts of the decision-making activities of the Financial Arbitrator to the parties of the proceedings before the Financial Arbitrator taking into account recent legislative changes affecting this institution. At the same time, the author deals with some practical problems which the Financial Arbitrator faces by its decision making and discusses their solutions. Finally, the author examines and evaluates some of the decisions issued by the Financial Arbitrator in various areas of its competence. The actual text of this work is divided into five chapters, introduction and conclusion. In the first chapter the author briefly describes the origin and development of the institute of the Financial Arbitrator and its institutional framework as to emphasize the specifics of this institute, which is reflected in its decision-making and offers a view of foreign approaches in the creation of disputes dealing with an out-of-court resolution of disputes from financial services. In the...
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The Institution of Financial Arbitrator with a Focus on Alternative Dispute Resolution in a Field of Insurance
Švejnohová, Michaela ; Vybíral, Roman (advisor) ; Kotáb, Petr (referee)
The thesis is focused on the topic of the Financial Arbitrator as an alternative dispute resolution body dealing with the disputes between financial institutions and their clients as well as the proceeding before it. Act No 229/2002 Coll., on financial arbitrator, as a special law adopted based on the requirements of the Directive 97/5/EC on Cross-Border Credit Transfers incorporated into the Czech legal system with effect from 2003 an institution, which is not by its nature and proceeding based on specific rules comparable to any other public authority in Czech republic. The aim of this thesis is to analyse the law identifying a status of the financial arbitrator including the process before it and on the basis of that facts subsequently assess, whether the adopted legislation enables to fulfil the requirements of the directives and if it genuine happens. The content of the thesis is divided into 5 parts, where the first one introduces the institution of the financial arbitrator as for the reasons of its establishing and intended purposes to serve as a stepping stone for further considerations and at the same time seeks to define the status of the institution as it has been given by the legislators. This part is also focused on the building blocks enabling a proper functioning of any institution,...
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The Position of Financial Arbitraror in Alternative Dispute Resolution
Ježková, Diana ; Vondráčková, Pavlína (advisor) ; Marková, Hana (referee)
The Financial Arbitrator and alternative dispute resolution are the integral part of current decision-making practice. Their development is tendentious particularly in recent times. This diploma thesis aim is critically evaluate the institute of the Financial Arbitrator and compare it with arbitration and mediation. The thesis briefly describes the institutes themselves, their legal regulations and outlines their historical development. In my thesis I focused mainly on the similarities as well as differences of these institutes. Then I compared these decision-making practices with the court proceedings in the last fifth chapter, so the thesis gives a comprehensive overview of the possibilities of resolution making practice. The thesis focused on the situation in the Czech Republic and did not evaluate the foreign situation, although the author is aware of certain continuity with the development among the countries. The methodology of the thesis was adapted to the chosen topic. The basis was literary research. By comparing the problems, opinions, hypotheses and premise was possible to reach a final reasoned opinion. The principal methods were the method of analysis and synthesis. An important basis for this work was the annual reports of the Financial Arbitrator available from the finarbitr.cz...
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Payment System and Role of the Financial Arbitrator
Kovář, Michal ; Vondráčková, Pavlína (advisor) ; Vybíral, Roman (referee)
61 Abstract The Financial Arbitrator was established on the basis of European legislation to handle consumer's disputes on the financial market fast, efficiently and free. This thesis mainly focuses on its role in payment system sector with regards to new Act on payments and was divided into three main chapters. The chapter one aims at the development of legal regulations in last fifteen years in the Czech republic and explores grounds of separation from the Czech National Bank to establish the independent institution. Handling disputes may even result into achieving an amicable settlement, albeit its natural character does not meet the requirements of Administrative Code resulting as more informal resolution. The range of clients solely entitled to submit a claim was in recent years strictly restricted to consumers although competencies of Financial Arbitrator were extended. The author also analyses rules of the proceedings and educational activities of the Financial Arbitrator to lift financial awareness of consumers. The chapter two describes individual financial services and persons authorized to provide payment services in order to specify competencies of Financial Arbitrator since the law authorizes the Financial Arbitrator to decide disputes between the consumer and payments service provider arisen...
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Dispute resolution by a financial arbitrator
Jankových, Kristýna ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The aim of this diploma thesis was to identify and analyze the decision-making activities of the Financial Arbitrator as an out-of-court dispute resolution body for some of the consumer disputes in the area of financial services, both procedural and substantive points of view. The author discusses the importance and practical impacts of the decision-making activities of the Financial Arbitrator to the parties of the proceedings before the Financial Arbitrator taking into account recent legislative changes affecting this institution. At the same time, the author deals with some practical problems which the Financial Arbitrator faces by its decision making and discusses their solutions. Finally, the author examines and evaluates some of the decisions issued by the Financial Arbitrator in various areas of its competence. The actual text of this work is divided into five chapters, introduction and conclusion. In the first chapter the author briefly describes the origin and development of the institute of the Financial Arbitrator and its institutional framework as to emphasize the specifics of this institute, which is reflected in its decision-making and offers a view of foreign approaches in the creation of disputes dealing with an out-of-court resolution of disputes from financial services. In the...
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Financial arbitrator
Jendrulková, Anna ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Financial Arbitrator The legislative introduction of the institute of Financial Arbitrator as the relevant authority for settling out-of-court disputes into Czech law is a relatively new phenomenon, and is related to the interests of consumer protection within the European Union. In particular, the interests of the European Union in this area are to reinforce consumer confidence in the financial market. Given the fact that the majority of consumer disputes are so-called petty disputes, and resolving these disputes before the national courts is too lengthy and costly for consumers, the European Union has placed a duty upon its Member States to introduce the option for consumers, in case of any possible disputes, to be able to turn to the out-of-court dispute settlement authority for assistance in selected areas of the financial market. Any proceedings heard before such authority are free-of-charge and less formalized, thus enabling consumers greater accessibility in protecting their rights against institutions operating in the financial market. The first chapter describes the reasons for the institution of Financial Arbitrator, i.e. it is exactly for the purpose of consumer protection, which should result in increased consumer confidence in the financial market, and the possibility to enforce one's...
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The financial arbitrator of the Czech Republic and similar institutions in selected countries of European union
Gránová, Anna ; Moravec, Tomáš (advisor) ; Andreisová, Lucie (referee)
The Bachelor's thesis deals with the financial arbitrator of the Czech republic and similar institutions in selected countries of European union. The Bachelor's thesis especially describes activity of the financial arbitrator of the Czech republic. The first chapter is focused on the financial arbitrator of the Czech republic. The second chapter is focused on the similar institutions in selected countries of European union. Especially in France, Great Britain, Germany and Poland. The main target of this chapter is to show local specifics or differences in a range of services. The final third chapter evaluates the financial arbitrator of the Czech republic from customer's point of view and presents suggestions to improve the effectiveness of his work.
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Financial Arbitrator
Vavřík, Jakub ; Jablonský, Petr (advisor) ; Gruber, Petr (referee)
This thesis deals with the Institute of Financial Arbiter of the Czech Republic as an ADR body. In the introduction is presented the legal background for its own activities with emphasis on changes to the amendment in July 2011. In this part is also described arbiters work in resolving the cases themselves, their development and efforts to promote an arbitrator in public office. Next chapter is dealing with international cooperation in the European Union and in the world. The last section provides us with information about similar institutions and their functions elsewhere in the world.
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alternative dispute resolution in the Czech republic
Černý, Tomáš ; Schlossberger, Otakar (advisor)
This work is focused on the institute of Financial arbitor(FA) in the Czech republic who was established in the Czech republic (CR) in 2003 thanks to contemporary tendencies in the sphere of the protection of the consumers. Foundation of this institute was bring by the Directions from the EU. First part of the work represents widely the inistitute of Financial arbitor in the Czech republic mainly his powers, field of activity, structure of his office, its expenses etc. In the second part of the work is FA compared closely with the other states of the EU end European economic area and widely with the financial ombudsmans from Switzerland. The third part of the work is based on the final comparasion of financial ombudsmans of the CR and Switzerland and predictions for the future developpement of the institute of FA in the Czech republic.
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