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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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Arbitration proceedings in the Czech Republic
Vedralová, Jana ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The focus of this thesis is to analyse the most questionable and presently very discussed points at isme of the arbitration in the Czech Republic. The subject of this thesis is rather extensive, therefore not all aspects of the arbitral proceedings can be concerned. There has been a substantial advancement in arbitration, since Act No. 216/1994 Coll., On Arbitral Proceedings and On Execution of Arbitral Awards took effect. In this thesis I focused on the czech legal framework of arbitration, its imperfections and influence of judicature of the European Court of Justice on the interpretation of the czech law. Pursuant to the questionable facts mentioned above, and under the influence of the judicature of the European Court of Justice and czech court's judicature, the Arbitration Act should be amend. There should be changes especially at the articles concerning arbitrator, arbitration at consumer disputes, and the arbitration contract requirements. The arbitration is means of final and binding dispute rosolution which provides a suitable alternative for the judicial trial, especially at commercial disputes between undertakers - professionals.
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Arbitrability of dispute and International Commercial Arbitration
Svatoš, Martin ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
Arbitrability of dispute and International Commercial Arbitration - Summary Bc. Martin Svatoš The objective of this thesis is to explain the issue of arbitrability of disputes in an international commercial arbitration, especially to compare the Czech and the foreign approach. The thesis consists of three chapters, each of them dealing with different aspects of arbitrability. Chapter One is introductory and defines basic terminology used in the thesis: especially the definition of arbitrability and the question of choice-law. It addresses the issue of the institution deciding the objection of arbitrability and the distinction between the subjective and objective arbitrability, too. Chapter Two concerns the subjective arbitrability. The approach of subjective arbitrability argues whether the State or state entities could be a part of arbitration agreement. However, this claim was questioned by some states and some authors. It examines relevant Czech and other legislations, especially the legislation of states with relatively hostile approach to subjective arbitrability, e.g. Iran. It concerns the old approach of Belgium, too. It presents the approach of denial of justice by several states. Finally, it provides an outline of relevant case law and illustrates the today's point of view by important award...
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The arbitration: Comparison of legal regulation in the USA and the Czech Republic
Klobušníková, Ivana ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The thesis deals with the area of questions regarding the law and practice of arbitration in the USA and the Czech Republic. The author aims to reflect the most significant differences between both legal systems that lead to the fundamentally different approaches to the arbitration in both countries. The paper is divided in seven chapters. The first two chapters describe the principles and law of arbitration both in the USA and Czech Republic. Third chapter deals with the problem of arbitrability of the dispute. The arbitration agreements and their essentials are considered in the fourth chapter. The fifth chapter has been dedicated to the arbitration proceedings and its particular stages with the aim to provide the reader with the complex overview of the course of the dispute. In the sixth chapter, the author analyzes revision, vacation and enforcement of the arbitral awards, whereas chapter seven is dedicated to the special issues such as interim measures, the application of the res iudicata principle, waiver of right to arbitrate and arbitrability of disputes arising of employment and consumer contracts.
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