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CAN transceiver evaluation platform
Bažant, Ladislav ; Hynčica, Ondřej (referee) ; Fiedler, Petr (advisor)
The goal of this thesis is to design units with Control Area Network support. These modules can be connected into the network to test new CAN transceivers’ functionality. Next part of the thesis is programming of a firmware for the microcontroller and a user program for PC which is used for network parameters’ settings and for detecting various errors during communication.
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Status of an expert in international commercial arbitration
Valášek, Matouš ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
Status of an expert in international commercial arbitration Abstract This thesis focuses on the role and the status of experts in international commercial arbitration, specifically on the issue of their independence and impartiality. Expert evidence might have a significant impact on the outcomes of the arbitration. The importance of the expert evidence in international arbitration is thus considerable. Moreover, the importance of the expert evidence in international commercial arbitration is stressed out by the disputes dealt with in the international arbitration. The disputes in international commercial arbitration commonly relate to highly technical issues. The complexity of the issues enhances the role and status of experts. Nevertheless, the regulatory framework of international commercial arbitration is not usually focusing much on the issue of independence and impartiality of experts. The first part of the thesis describes the international commercial arbitration in general and principles governing it. Then it describes the issue of independence and impartiality in international commercial arbitration. Subsequently it deals with role and status, significance, and division of the expert evidence on experts appointed by the arbitrational tribunal and experts appointed by the parties. Author puts...
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Arbitration procedure within international business transactions
Šteflová, Iva ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
The diploma thesis on Arbitration procedure within international business transactions focuses on the place of arbitration procedure and its relation to the national system of law. The first chapter is concerned with the dispute resolutions within international business transactions. The thesis characterises the alternative dispute resolutions and defines the term of arbitration procedure within international business transactions. The basic characteristics thereof are specified and the theories which attempt to explain nature of arbitration are described - contractual, jurisdictional, mixed and autonomy theory. The term of the place of arbitration is defined in the second chapter as the real place situated in the territory of a particular state. This place is distinguished from the arbitration seat and from other terms which used to be confused with the place of arbitration. The arbitration seat is deemed to represent legal domicile of the arbitration. The system of law of the seat determines the legal regime of arbitration procedure. The thesis further describes two main theories dealing with the relation between the place of arbitration and the national system of law - seat theory and delocalization theory. The relation between the place of arbitration and the national system of law is also...
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Arbitration procedure in the Czech Republic with an emphasis on the issue of so-called arbitration centers
Jenerál, Jaroslav ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The aim of this thesis is to clarify the judicial institute of Arbitration procedure in the Czech legal system, its theoretical background, the legal requirements for action, progress of procedure and the interference of general courts in arbitration procedure. Main attention of this thesis is focused on the recent issue of the so-called arbitration centers. The legality of arbitration centers, existence and legality of their actions in practice (with emphasis on recent court case) are deeply examined. By the end the propriety of a new legislation dealing with arbitration procedure is analyzed.
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Arbitrability of Anti-competitive Agreements in the Law of the European Union
Pavelka, Tomáš ; Svoboda, Pavel (referee) ; Šmejkal, Václav (referee)
In the past, an Irish barrister and arbitrator James Bridgeman remarked that the arbitration of competition law is a meeting of two black arts. This perception has not changed since and yet, the adjudication of anti-competitive agreements in arbitration is an everyday event of real life. This thesis, after a brief summary of history of arbitrability of competition law, picks specific issues closely tied to current practical problems that arbitrators must face. First, whether arbitrators should consider themselves as being under obligation to raise competition issues of their own motion (ex officio) during arbitration proceedings, secondly, whether national courts of the EU Member States must automatically set arbitral awards in breach of competition rules aside and thirdly, whether arbitrators are in a good position to address complex antitrust questions properly and whether they can receive some help from the official competition authorities entrusted with primary enforcement of antitrust law. Mainly EU law will be covered here albeit with few brief excursions into particular problems of national law of the Czech Republic, to which this thesis endorses relevant solutions.
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Transparency of proceedings in international arbitration
Poliaková, Lucia ; Balaš, Vladimír (advisor) ; Horáček, Vít (referee)
1 Transparency of proceedings in international arbitration Summary The purpose of my thesis is to explore the concept of transparency in international arbitration. There are different types of international arbitration, characterized by different participants and naturally distinct aspects of procedure. One of these aspects is, according to my opinion, the said transparency of the proceedings. For the purposes of this thesis, I have decided to analyze the position of transparency in two major areas, namely in investment arbitration and in commercial arbitration, respectively. As the concept of transparency in international arbitration is only recently developing, there is much to be resolved. Thus, the state of the affairs with respect to the subject matter of this thesis is ambiguous and misty. The aim of my research is to describe the position of transparency in two basic types of arbitration and identify the reasons for different trends in this respect. The thesis is composed of an Introduction, four basic chapters and a Conclusion. Chapters are divided into subchapters and parts, respectively. The Introduction presents the topic, defines relevant terminology and sets out the aim of my thesis. Chapter One deals with the confidentiality of arbitration which is clearly opposite concept than that of the...
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Right to fair trial: a comparison of selected arbitration and human rights case law
Hlaváčová, Anna ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
The right to due process is an important part of both civil and arbitration proceedings. However, this basic right is protected in different ways and even the mechanisms for checking whether the process adhered to the due process rules are different. For standard civil proceedings in Europe, European Court for Human rights is the final body which decides whether the rules on due process were adhered to. Commercial arbitration does not have a mechanism for checking whether the proceedings were justly carried within itself, therefore it is checked within the enforcement proceedings which are in most states covered by the New York Convention. In investment arbitration, the adherence to due process will be analyzed within the annulment proceedings. The thesis "Right to Due Process: the comparison of arbitration and human rights case law" deals with the question whether the argumentation of the European Court of Human Rights in its rich case law can be used on arbitration cases where the accessibility of case law is problematic. First, the thesis looks at whether there is a standard of the protection of due process in arbitration and according to the European Court for Human Rights. This thesis further deals with the direct or indirect use of the European Charter on Human rights for arbitration. For the...
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Consumer protection in arbitration
Šimeček, Jan ; Zoulík, František (referee) ; Pohl, Tomáš (referee)
Arbitration is generally accepted as extremely fast and efficient way for alternative dispute resolution. But many experts did not consider it an appropriate or even legal instrument for resolution of disputes arising from consumer obligations. Therefore, in my rigorous thesis I analyze existing legal regulation of arbitration in consumer cases in the Czech Republic. I work primarily with the most discussed issues of regulation and their answer of professional public or interpretative judgment of the Supreme Court. Then I provide comparison often very different approaches to different aspects of regulation of arbitration that are included in foreign jurisdictions. Based on these established facts, then I critically assess the proposed legislative changes impacting on the investigated area. This rigorous thesis should include a balanced view of the current legal and factual situation of a Czech arbitration of disputes in consumer contracts. Description of the legislation would not be complete without the considerations de lege ferenda and evaluation of major trends, which would consumer protection in arbitration, could evolve in the future.
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Arbitration proceedings as a means of dispute resolution in international law with regard to the recognition and enforcement of foreign arbitral awards
Petr, David ; Balaš, Vladimír (advisor) ; Macková, Alena (referee)
Arbitration proceedings as a means of dispute resolution in international law with regard to the recognition and enforcement of foreign arbitral awards Resumé Arbitration as a method of settlement of disputes settlement has enjoyed growing popularity in recent several years. Arbitration stands between other alternative means of dispute settlement and the common court trial as a alternative dispute resolution. Although negotiation, good offices, mediation, conciliation, inquiry, mini-trial, medarb or meadaloa are often used forms of the dispute settlement their awards cannot be enforced by the state authority. Those means are popular mainly in the business field where the parties are interested in the cooperation and where they aim to clear up some misunderstanding or technical problems rather than solve major disputes between them. While the dispute should be solved by the binding way the parties would choose the arbitration as a legally framed procedure. Arbitral awards are then able to be enforced and the parties also have more exact boundaries for the whole procedure. However, there is no unified definition of the arbitration, it could be described as a legal technique where the parties bring claim before one or more neutral persons (arbiters or arbitral tribunal) by whose award the parties agree to be...
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Possibilities of applying arbitration in the CR (legal and comparative analysis)
Anzenbacher, Vilém ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of my thesis is to analyse the limits of arbitrability of labour disputes in Czech Republic and to describe Austrian labour-arbitration law. Subsequently I would like to focus on possible solutions of problems linked with arbitrability of labour disputes in Czech Republic. The reason for this study is my interest in both Czech and international arbitration. There is only a few papers which deals with arbitrability of labour disputes in Czech Republic although it is in my opinion very interesting and controversial topic. In connection with changes, introduced by the new Civil Code on 1st of January 2014, the Czech civil law is much more similar to the German and Austrian civil law than it was before. Due to this fact I focus on Austrian arbitration act, which could be important source of knowledge for amendments to Czech arbitration act. The thesis is composed of eight main chapters. The first chapter discusses arbitration in general. The second and third chapter describes alternative dispute resolutions and some other types of out-of-court settlements of both collective and individual labour disputes in Czech Republic. Chapter four explains arbitration and alternative resolution of labour disputes under German and Austrian acts. Chapter five provides an outline of relevant Czech case law. This...
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