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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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Legal Regulation of International Arbitration Procedure in the Czech Republic and Argentina
Milerová, Sylvie ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
Legal Regulation of International Arbitration Procedure in the Czech Republic and Argentina The purpose of my thesis is to describe the legal regulations of international arbitration in the Czech Republic and Argentina, find the differences between them and draw appropriate conclusions. The thesis begins with an introduction, where I outline the reasons why I chose this topic, the method used and the outcome that I plan to reach. Following the introduction, the thesis is divided into six chapters. The first chapter provides the reader with a general overview of basic concepts of arbitration. The chapter begins with an attempt to define what arbitration is by putting it in a historical context and then placing it within (or beyond) the scope of alternative dispute resolution. Next, the four main theoretical concepts, which are crucial for the understanding of arbitration, are outlined. The last part of the chapter contains the advantages and disadvantages of arbitration, which explain the popularity of (international) arbitration. The next chapter deals with the legal regulation of international arbitration in the Czech Republic. It opens with a brief description of development of arbitration throughout Czech history and then is divided into sub-chapters dealing with specific elements of...
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Arbitration procedure in international business transactions
Karfilát, Jakub ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
The purpose of the diploma thesis is to summarize the most important and basic attributes of arbitration in international business transactions. Further, the thesis assesses the biggest pros and cons of the arbitration. Emphasis is placed on opinions of economical entities as users of the arbitration to settle their mutual disputes. The first chapter aims on definition of three basic terms including the arbitration as the corner stone of the whole topic, then the meaning of international and definition of business relations. The two latter terms distinguish the respective category of arbitration from other categories such as arbitration in consumers or labour relations or arbitration conducted between states and individuals arising from investments. The second chapter enumerates the most important sources of law governing the arbitration. The thesis aims on both material and formal sources. Reasons for creation and historical development of arbitration are shortly outlined as material sources. The part concerning with the formal sources refers mainly to international sources with accent on New York Convention and UNCITRAL Model Law on International Arbitration. From the national sources the main focus is placed on Czech legislation. Procedural rules of permanent arbitration institutions and their...
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Arbitration agreement and its types
Divišová, Magdaléna ; Brodec, Jan (referee)
ROZHODČÍ SMLOUVA A JEJÍ DRUHY 5 Abstract This thesis focuses on the types of arbitration agreements in international commercial arbitration. The thesis is firstly concerned with the substantive validity of arbitration agreements, their evaluation and interpretation. Subsequently, it addresses selected types focusing on asymmetrical arbitration agreements. The aim is to analyse the treatment of asymmetrical arbitration agreements in international practice and the cause of potential nonuniform approach. The thesis evaluates if the treatment is consistent with the principle of good faith and the principle of effective interpretation.
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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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Evidence in International Arbitration
Purket, Daniel ; Bříza, Petr (referee)
DOKAZOVÁNÍ V MEZINÁRODNÍM ROZHODČÍM ŘÍZENÍ 5 Abstract This thesis deals with evidence in International Arbitration. The introductory part of the thesis includes an analysis of the rules of evidence in the Czech Republic, Germany and England. The following is a comparison with a list of identities and differences. The second part contains analysis of the provisions of the IBA Rules on the Taking of Evidence in International Arbitration. The aim of the thesis is to evaluate whether IBA Rules on the Taking of Evidence in International Arbitration mitigate conflicts that arise from different rules of evidence in common law and civil law.
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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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Arbitration procedure in international business transactions
Karfilát, Jakub ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
The purpose of the diploma thesis is to summarize the most important and basic attributes of arbitration in international business transactions. Further, the thesis assesses the biggest pros and cons of the arbitration. Emphasis is placed on opinions of economical entities as users of the arbitration to settle their mutual disputes. The first chapter aims on definition of three basic terms including the arbitration as the corner stone of the whole topic, then the meaning of international and definition of business relations. The two latter terms distinguish the respective category of arbitration from other categories such as arbitration in consumers or labour relations or arbitration conducted between states and individuals arising from investments. The second chapter enumerates the most important sources of law governing the arbitration. The thesis aims on both material and formal sources. Reasons for creation and historical development of arbitration are shortly outlined as material sources. The part concerning with the formal sources refers mainly to international sources with accent on New York Convention and UNCITRAL Model Law on International Arbitration. From the national sources the main focus is placed on Czech legislation. Procedural rules of permanent arbitration institutions and their...
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International arbitration
Braborec, Jan ; Pfeiffer, Magdalena (advisor) ; Klee, Lukáš (referee)
International arbitration The purpose of the thesis is to determine the role of international arbitration in the system of domestic law, discuss the basic aspects of its character and show its relation to the decision-making practice of the European Court of Human Rights and to the Czech law. The methods used in the thesis are mainly legal-analytical, descriptive and comparative. Besides the introduction and conclusion, this work is divided into four main sections, which are further divided into subsections. The first chapter is devoted to alternative dispute resolution and its relation to the arbitration. There we find an explanation of the concept itself, the list of reasons for the exclusion or inclusion of arbitration into this system, and last but not least, the advantages and disadvantages of this method of dispute resolution, which are described for better clarity on the most frequently used method of alternative dispute resolution in Czech Republic, i.e. mediation. The following chapter focuses on the general specifics of the arbitration proceedings, which are common to the national and international arbitration. First part of this chapter is devoted to the European Convention on Human rights and its Article 6 paragraph 1, which guarantees the right to a fair trial, and to its application on the...
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Legal regulation of ad hoc and institutional international arbitration in the Czech Republic and Portugal
Přib, Jan ; Růžička, Květoslav (advisor) ; Kučera, Zdeněk (referee)
This rigorous work deals with the analysis of legal regulation of ad hoc and institutional international arbitration in the Czech Republic and Portugal. It processes individual elements of (international) arbitration, such as the dispute arbitrability, prerequisites of the arbitration agreement, the function of an arbitrator, arbitration proceedings, arbitration awards and their enforcement, as well as other facts relevant to the international arbitration. The work also analyses the rules of arbitration of the permanent arbitration courts, which are in the Czech Republic and Portugal authorized to solve international disputes. In this context, it is worth noting that in terms of rules of arbitration of the Portuguese arbitration centres, these were from the Czech point of view almost unexplored areas. This was indeed one of the reasons for the choice of such subject. The aim of this work is not to provide only a "rough" description, respectively to quote the relevant legal provisions, however to provide detailed analysis of problems where they could occur due to the ambiguous wording, non-constant or non-existing judicial decisions or from other reasons. Therefore, the goals of the work are to provide the reader a comprehensive view on ad hoc and institutional international arbitration in the Czech...
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