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International commercial arbitration
Javořík, Dominik ; Bříza, Petr (advisor) ; Brodec, Jan (referee)
1 International commercial arbitration Abstract The aim of this paper was to analyse the concepts of "arbitrability" and "kompetenz- kompetenz" as institutes of arbitration. For a better and deeper understanding of the essence of these concepts, both foreign and domestic regulations were deliberately compared. Although in many respects these concepts are interpreted in a similar manner across a wide range of jurisdictions, differences can be found, the source of which will have to be discovered in the first instance within traditions, legal culture, and sometimes religion or political regime. It is not in the power of even such greats as Born or Fouchard to present the entire issue to the reader in full, simply because of the fact that these terms are used almost universally and in many ways will be variable in place and time. In the first part, I dealt with the concept of international commercial arbitration itself, to which was linked a passage on sources of law. The purpose was to brief the reader on the most important sources at the international level, which are key guides for the regulation of arbitrability and the doctrine of competence-competence. I still find important the fact that many countries have claimed an exception that creates the possibility for them for an incomplete application of the...
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The principle of Kompetenz-Kompetenz in International Commercial Arbitration
Šímová, Lucie ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
The principle of Kompetenz-Kompetenz in International Commercial Arbitration Abstract This Thesis analyses the Kompetenz-Kompetenz principle in the system of International Commercial Arbitration. The principle itself is described, and different approaches toward the Kompetenz-Kompetenz doctrine in International Commercial Arbitration are analysed in various international documents. Based on such observation, negative and positive effects of the principle are studied, just as much as its connection to the Separability of an Arbitration Agreement. In the latter part of this Thesis, the applicability and use of the Kompetenz- Kompetenz principle in the Czech Republic are observed and analysed. Finally, this thesis aims to discuss possibilities for the best practice for the application of the Kompetenz- Kompetenz principle in International Commercial Arbitration. A possibility of de lege ferenda suggestions is offered as well. The initial research question can be determined as follows: How can the Kompetenz-Kompetenz principle be applied in International Commercial Arbitration proceedings for the greatest mutual advantage and fairness of all parties, and is such a solution even possible? For this purpose, the analytical, comparative and descriptive methods shall be applied in this Thesis. The first chapter...
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