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Institutional arbitration
Šťástková, Andrea ; Brodec, Jan (advisor) ; Zavadilová, Marta (referee)
Institutional arbitration The topic of this diploma thesis is arbitration, in particular one of its types known as institutional arbitration that exists next to ad hoc arbitration. The diploma thesis concentrates on the comparison of arbitration in the Czech Republic and Finland. The subject of comparison is the legal framework applicable to arbitration in these two countries. The main focus of the diploma thesis is on the comparison of the Rules of the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic with the Rules of the Finnish Arbitration Institute. The aim of the diploma thesis is to find out similarities as well as differences in the legal framework in Czech Republic through the comparison of selected institutes. The author of the diploma thesis tries to find an answer to the question, whether are both selected countries equally pro-arbitration. The diploma thesis is divided into seven chapters, which are further divided in subchapters. The content of each chapter can be found below. The first chapter describes the history of arbitration in the territory of today's Czech Republic. In the second chapter, the concept of arbitration, international arbitration and international commercial arbitration are explained....
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Institutional arbitration procedure
Vanická, Ivana ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
Title: INSTITUTIONAL ARBITRATION Key words: Institutional arbitration, Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, London Court of Institutional Arbitration The purpose of my thesis is to describe and compare legal rules related to the international arbitration in the Czech Republic and in England. The Czech Republic was chosen because of the origin of the author and her studies of the Czech law. England was chosen as a place where the institutional arbitration has a long tradition and as one of the birthplaces of the arbitration. The thesis is focused on the comparison of the legal acts which regulates the arbitration in these two countries and the arbitration rules in compliance with which the arbitral proceedings is carried on in front of the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic in Prague and in front of the London Court of Institutional Arbitration. The thesis is composed of an introduction, five chapters and a conclusion. Chapter One, which outlines the history of the arbitration is followed by the general characterisation of the arbitration, categorization of different types of the arbitration and the explanation of the basic...
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Institutional arbitration procedure
Zoubková, Kateřina ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
- Institutional Arbitration Arbitration in its today's dimension is a phenomenon that represents an alternative system to a state organized litigation. Arbitration is way of settling disputes among subjects in various fields of economic activities. There is commercial arbitration which is the most spread and used in the world, sport arbitration, mixed arbitration and others. This thesis, also due to the fact that it has been assigned by The Department of Commercial law - International Private Law, is devoted to international commercial arbitration. Arbitration is a private system of litigation in which private neutrals are called by parties to resolve their dispute. Arbitration held by individual neutrals chosen particularly for determinate cause is called ad hoc arbitration. In response to a stabilization of arbitration procedure, the arbitration institutions were established to provide arbitrational services and other dispute resolution services. Arbitration administrated by such institutions is in theory called institutional arbitrational, which is the subject of present work. The thesis is deemed to report on actual arbitrational and other dispute resolution services offered by major world institutions. These services include the arbitration proceedings itself which is the most important and...
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Institutional Arbitration
Fibich, Patrik ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
Institutional Arbitration The thesis deals with fundamental issues relating to both institutional arbitration and also arbitration in general. The aim of this thesis is to explain the basic aspects of arbitration and analyze and evaluate recent legal changes made in the field of arbitration in the Czech Republic and the Slovak Republic. The thesis is composed of an introduction, three chapters and a conclusion. After an introduction, where I outline the reasons that led me to choose this topic and I set the objectives of this thesis, followed the first chapter, which acquaint the reader with the basic institutes of arbitration. Its parts discusses about definition of arbitration, its history, the four main theoretical concepts of arbitration and the different types of the arbitration. Subsequently this chapter defines arbitrability and arbitration agreement (fundamental conditions for arbitration). The conclusion of this chapter is dedicated to the principles of arbitration and the comparison of the advantages and disadvantages of arbitration. The second chapter is specifically concerned with the recent changes in the regulation of arbitration in the Czech Republic. The main part of this chapter is dedicated to the Euro-amendment of Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral...
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The competence of arbitrators for deciding property disputes (from the perspective of their independence and impartiality)
Ryšavý, Lukáš ; Pohl, Tomáš (referee)
The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...
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The competence of arbitrators for deciding property disputes (from the perspective of their independence and impartiality)
Ryšavý, Lukáš ; Pohl, Tomáš (referee)
The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...
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Institutional Arbitration
Fibich, Patrik ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
Institutional Arbitration The thesis deals with fundamental issues relating to both institutional arbitration and also arbitration in general. The aim of this thesis is to explain the basic aspects of arbitration and analyze and evaluate recent legal changes made in the field of arbitration in the Czech Republic and the Slovak Republic. The thesis is composed of an introduction, three chapters and a conclusion. After an introduction, where I outline the reasons that led me to choose this topic and I set the objectives of this thesis, followed the first chapter, which acquaint the reader with the basic institutes of arbitration. Its parts discusses about definition of arbitration, its history, the four main theoretical concepts of arbitration and the different types of the arbitration. Subsequently this chapter defines arbitrability and arbitration agreement (fundamental conditions for arbitration). The conclusion of this chapter is dedicated to the principles of arbitration and the comparison of the advantages and disadvantages of arbitration. The second chapter is specifically concerned with the recent changes in the regulation of arbitration in the Czech Republic. The main part of this chapter is dedicated to the Euro-amendment of Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral...
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Institutional arbitration procedure
Žídek, Jan ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
vi Summary The thesis focuses on the description and comparison of the arbitration proceedings in the Czech Republic and Switzerland before local arbitration institutions. The choice of Switzerland has been influenced by the fact that this country is a traditional seat of arbitration and several arbitration institutions are domiciled there. The diploma thesis consists of an introduction, four main chapters and a conclusion. The first chapter contains a general description of arbitration and alternative dispute resolutions. Following chapters address the comparison issue outlining the arbitration regulations in both above mentioned countries and provide a thorough analysis of two major arbitration institutions. The first being the Arbitration Court attached to the Chamber of Commerce and the Agricultural Chamber of the Czech Republic which is the sole permanent arbitration court with a full jurisdiction seated in the Czech Republic. The other institution being presented is the Swiss Chambers'Arbitration Institution that, in order to administrate arbitration proceedings, introduced in 2012 a new set of rules and revised its organisational structure. Last but not least, the thesis concentrates on description and comparison of the principle arbitration stages under the current rules of both institutions. The...
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International Commercial Arbitration at the Beginning of the Third Millennium
Pressburgerová, Lucia ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
127 Abstract The thesis is divided into nine chapters, each of them dealing with different aspects of arbitration. Arbitration is being defined as a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the arbitrators, or arbitral tribunal), by whose decision (the award) they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides. Arbitration in the Czech Republic is governed by the Act No. 216/1994 Coll., on Arbitration Proceedings and Enforcement of Arbitration Awards, as amended (hereinafter referred to as the "APA"), that is largely based on the same principles as the UNCITRAL model law. The APA applies to both domestic and international arbitrations taking place in the area of the Czech Republic. Pursuant to the APA an arbitrational award may only be reviewed by other arbitrators if the parties have provided for such an option in the arbitration agreement. Where there are serious legal defects, the APA allows parties to seek a court decision whereby such a defective award will be set aside. In the Czech Republic parties may choose to have their matter heard and resolved either before an institutional (permanent) arbitration court...
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Institutional arbitration procedure
Zoubková, Kateřina ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
- Institutional Arbitration Arbitration in its today's dimension is a phenomenon that represents an alternative system to a state organized litigation. Arbitration is way of settling disputes among subjects in various fields of economic activities. There is commercial arbitration which is the most spread and used in the world, sport arbitration, mixed arbitration and others. This thesis, also due to the fact that it has been assigned by The Department of Commercial law - International Private Law, is devoted to international commercial arbitration. Arbitration is a private system of litigation in which private neutrals are called by parties to resolve their dispute. Arbitration held by individual neutrals chosen particularly for determinate cause is called ad hoc arbitration. In response to a stabilization of arbitration procedure, the arbitration institutions were established to provide arbitrational services and other dispute resolution services. Arbitration administrated by such institutions is in theory called institutional arbitrational, which is the subject of present work. The thesis is deemed to report on actual arbitrational and other dispute resolution services offered by major world institutions. These services include the arbitration proceedings itself which is the most important and...
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