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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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Arbitration proceedings in the Czech Republic
Musil, Ondřej ; Smolík, Petr (advisor) ; Zoulík, František (referee)
The aim of this thesis called Arbitration Procedure in the Czech Republic is to characterize Arbitration in the Czech Republic, describe individual aspects of Czech Arbitration and outline highly discussed issues of recent months. This thesis called Arbitration Procedure in the Czech Republic is composed of nine chapters excluding the introduction and conclusion. Each of these chapters deals with different aspect of Arbitration Procedure. The first chapter contains definition of Arbitration Procedure, types of Arbitration, doctrines of Arbitration and enumeration of advantages and disadvantages of Arbitration Procedure. The second chapter summarizes the most important sources of law relating to Arbitration. Chapter 3 deals with one of the most important concepts of Arbitration, which is Arbitrability. Arbitrability is a characteristic of disputes that can be heard before Arbitrators or Arbitral Institutions. Positive and negative conditions of Arbitrability are described in this chapter as well. The fourth chapter focuses on Arbitration Agreement. Its definition and types are included in this chapter and it is also concerned with nature, content and the requirements of the Arbitration Agreement. T The fifth chapter concentrates on Arbitrators. It deals among other with conditions that Arbitrators...
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International investments disputes - resolution
Drbálek, Miloslav ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee)
International arbitration according to the ICSID arbitration rules forms a unified legal framework, which serves as an important, organized tool for investment protection and law enforcement. This thesis focuses on examining the conditions under which arbitration shall be conducted before ICSID, trying to cover the rules of arbitration from its initial stage, through written and oral proceedings, to the rendering of the arbitral award. Part of this work is also dedicated to an examination of the costs of arbitration proceedings and the place of its holding. An important source for this work are ICSID arbitration awards and all other related documents that are publicly available if the parties to the dispute have given their consent to such publication. Arbitration proceedings can be observed in the published materials in their entirety, from the rules governing them, the method of initiating arbitration proceedings, the appointment of arbitration tribunals, conducting written and oral proceedings, including all bifurcation proceedings, interim measures, to the rendering of an arbitration award. Arbitration according to the arbitration rules before the ICSID consists of incredibly detailed procedural rules, which can be largely changed at will by agreement of the parties to the dispute. In practice...
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Arbitration proceedings in the Czech Republic
Musil, Ondřej ; Smolík, Petr (advisor) ; Zoulík, František (referee)
The aim of this thesis called Arbitration Procedure in the Czech Republic is to characterize Arbitration in the Czech Republic, describe individual aspects of Czech Arbitration and outline highly discussed issues of recent months. This thesis called Arbitration Procedure in the Czech Republic is composed of nine chapters excluding the introduction and conclusion. Each of these chapters deals with different aspect of Arbitration Procedure. The first chapter contains definition of Arbitration Procedure, types of Arbitration, doctrines of Arbitration and enumeration of advantages and disadvantages of Arbitration Procedure. The second chapter summarizes the most important sources of law relating to Arbitration. Chapter 3 deals with one of the most important concepts of Arbitration, which is Arbitrability. Arbitrability is a characteristic of disputes that can be heard before Arbitrators or Arbitral Institutions. Positive and negative conditions of Arbitrability are described in this chapter as well. The fourth chapter focuses on Arbitration Agreement. Its definition and types are included in this chapter and it is also concerned with nature, content and the requirements of the Arbitration Agreement. T The fifth chapter concentrates on Arbitrators. It deals among other with conditions that Arbitrators...
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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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Consumer loans and their impact on the debtor´s social situation
KOKEŠOVÁ, Petra
The bachelor's thesis entitled Consumer credits and their impact on the social situation of debtors investigates the causes and consequences of entering the credit contracts. Borrowing money becomes a risky phenomenon and has a very negative impact on the society. The theoretical part of the thesis describes the legal regulation of consumer credits and motivation of persons to enter them. It describes the causes leading to inappropriate indebtedness of persons, being normally not able to get a credit in view of their income. It refers to the facts stated in the business terms and conditions and practices of sellers and companies. Thanks to arrangements in the business terms and conditions which are an inseparable part of the contract and which are accepted by signing by the client, it may be agreed that a not paid claim may be ceded to a lawyer's company for collecting. In such a case, the debtor is obliged to pay also the costs of legal representation. The occurred claims are increased considerably by the court or arbitration proceedings. The people's low knowledge of this issue is confirmed also in the conclusion of bachelor's thesis. In the practical part of the research, three research questions were formulated: 1) Do the respondents use the consumer credits for the necessary subjects or services? 2) Does the company elaborates a financial plan for the borrower to estimate if he/she will be able to meet its obligation? 3) What impacts had exacting the claim on the social situation of the respondent or its family? 8 persons utilizing the services of Consulting Centre ? Equal Chances for Everybody operated by Jihočeská Růže o.s. took part in the research. The talks were performed individually and anonymously. The qualitative method of questioning and analysis of contents of documents deepening the research were applied. These documents were 315 credit contracts from a non-banking company which are handed over for collecting to a lawyer's office. The task of this thesis was to find out if the persons entering credit contracts behave maturely, if they think about the consequences of this behavior; if the inability to pay occurs only for external reasons or if these persons act rashly with the target to satisfy their momentary needs. The thesis shall research the purpose for which the households are inclined to enter credit contracts. I deepened this research also by the analysis of not paid credit contracts. By means of interviews with respondents I tried to describe the consequences of the financial burden of repayment of the claim on their life or life of their family. It was confirmed by the research that the concern are less necessary and more expensive goods. Lower share represented the credits for standard equipment of households. These goods were mostly electronics as notebooks and TV-sets. The talks with respondents confirmed also the statement that the credits are also used to pay the debts of another creditor. The respondents, who are not able to meet their obligations do not create any financial plans. This shows the low responsibility rate of these persons. Before entering the contract, they do not compare the products and do not ask about credit parameters. The research confirmed the prognosis of experts. The financial burden had a negative impact on the life of the family resulting in consideration of divorce. The respondents had negative psychological consequences manifested in the form of stress and depressions. The financial burden caused by collecting claims resulted in several cases in the inability to pay further obligations as e.g. housing. In one case, economic and cultural limitation occurred.
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