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Annulment of an Arbitral Award in International Commercial Arbitration
Spodniaková, Miroslava ; Dobiáš, Petr (advisor) ; Růžička, Květoslav (referee)
The purpose of my thesis is to analyse and generally describe an annulment of arbitral award in international commercial arbitration. The reason for my research is an interesting topic, which has not been described in detail yet and the aim of this thesis is to look at this institute from the perspective of relevant domestic and foreign authors and legislation of various countries. Furthermore the thesis aims to highlight possible dangers which accompany the process of annulment of the award, or the process after its setting aside. The thesis is composed of six chapters, each of them dealing with different aspects of setting aside of an award in International commercial arbitration. Chapter One is introductory and describes the history, the legislation and explains advantages and disadvantages of the international arbitration as a whole. Chapter Two defines basic terminology used in the thesis. The chapter is subdivided into three parts. Part One describes arbitration and explains its main features. Part Two deals with domestic vs. international arbitration, explains the term "commercial" and foreign arbitral award vs. domestic arbitral award. Chapter three concentrates on relation between state and arbitration courts and the state's auxiliary and control function towards the arbitration. Chapter...
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Setting aside an arbitral award by court
Sýkora, Vít ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The theses includes an analysis of the institute of setting aside an arbitral award by court. It is focused on summary of present theoretical findings which are drawn mainly from commentary literature. However, the key focus of the theses is an analysis of relevant judicial decisions related to the investigated institute. It uses decisions of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic in particular. The theses is divided into introduction, four parts and conclusion. The first part contains a brief explanation of historical development of setting aside an arbitral award. Then it is focused on theoretical doctrines and judicial decisions related to the nature of arbitration and arbitral award and on the role of the courts in arbitration. The following part deals with the setting aside an arbitral award as a civil proceeding. It focuses on material juristiction of courts to the proceeding and possibility of setting aside a resolution issued by arbitrator as both of these matters are new to the proceeding. The fundamental part of the theses is the analysis of the various reasons for setting aside an arbitral award. All seven reasons are covered in the order in which they appear in the law. Priority is given to the reasons consisting in lack of...
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Annulment of an Arbitral Award in International Commercial Arbitration
Spodniaková, Miroslava ; Dobiáš, Petr (advisor) ; Růžička, Květoslav (referee)
The purpose of my thesis is to analyse and generally describe an annulment of arbitral award in international commercial arbitration. The reason for my research is an interesting topic, which has not been described in detail yet and the aim of this thesis is to look at this institute from the perspective of relevant domestic and foreign authors and legislation of various countries. Furthermore the thesis aims to highlight possible dangers which accompany the process of annulment of the award, or the process after its setting aside. The thesis is composed of six chapters, each of them dealing with different aspects of setting aside of an award in International commercial arbitration. Chapter One is introductory and describes the history, the legislation and explains advantages and disadvantages of the international arbitration as a whole. Chapter Two defines basic terminology used in the thesis. The chapter is subdivided into three parts. Part One describes arbitration and explains its main features. Part Two deals with domestic vs. international arbitration, explains the term "commercial" and foreign arbitral award vs. domestic arbitral award. Chapter three concentrates on relation between state and arbitration courts and the state's auxiliary and control function towards the arbitration. Chapter...
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