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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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Substantive law applicable to arbitration clause and other rights in international commercial arbitration
Liška, Dominik ; Bříza, Petr (advisor) ; Růžička, Květoslav (referee)
Law Governing the Arbitration Agreement and Other Laws in International Commercial Arbitration Abstract The thesis aspires to create a structured overview of the four legal systems that are applicable in the international commercial arbitration. Namely (i) the substantive law of the contract - lex contractus; (ii) the "procedural" law of the arbitration agreement - lex arbitri; (iii) procedural rules agreed between the parties either ad hoc or by reference to institutional arbitration rules; and (iv) the substantive law of the arbitration agreement also called the law governing the arbitration agreement. In pursuing its aims, the thesis focuses on interaction between each of these legal systems as well as on the questions, that has not yet been settled. Each chapter further analyses different approaches to determine applicable law in the absence of a choice made by the parties. Such an analysis is important to properly understand the methods used in determining the law governing the arbitration agreement, because they are interconnected. On the basis of the overview presented in first chapters, the thesis focuses on detailed inquiry of the law governing the arbitration agreement, whose scope and applicable choice of law is still a matter of discussion. Therefore, the fifth chapter plays a central role in...
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International Commercial Arbitration
Hlušička, Ondřej ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
The purpose of this thesis is to analyze international commercial arbitration, both ad-hoc and institutional, and institutional investment arbitration as the two types of arbitration procedure within international commercial transactions. The reason for my research is incessantly growing importance of arbitration as an alternative method for resolution of disputes arising out of commercial and investment relationships. In its first, general, part thesis focuses on basic principles and characteristics of international commercial arbitration and points out some of the issues that could emerge during an effort to use arbitration for dispute resolution. The second part of thesis outlines UNCITRAL Arbitration Rules as the most used arbitration rules in ad-hoc arbitration and to the contrary arbitration procedure before selected arbitration courts. Thesis also describes differences between Czech arbitration law and UNCITRAL Model Law on International Commercial Arbitration.
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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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Set-off Defence in International Commercial Arbitration
Hock, Branislav ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
Set-off is meant to be one of the most important defences in arbitration proceedings. About 15 - 20 per cent of all international arbitrations involve set-off defence. There is not much dispute about the possibility to virtually extinguish mutual claims of the parties however national concepts of set-off differ dramatically. Moreover, in contrast to most other legal mechanisms set-off is always formed by no less than two obligations. These obligations may be regarded differently and be subject to different laws which can lead to a series of difficult questions regarding not only choice-of-law but also judicial competence. The centrum of the controversy lays in the situation when the defendant raises his cross-claim, which falls outside the scope of an arbitration agreement, to be mutually offset. Arbitrators can be in a very difficult position as they have to find, in the absence of any clear rule, reasonable limits of the adjudication of set-off. This work aims to find out what should be the limits of the adjudication of set-off with the cross-claim over which the tribunal normally wouldn't be competent to decide. There is offered a legal framework with a set of good practices which should be followed in order to strengthen legal certainty, procedural efficiency and effective functioning of...
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Legal position of an arbitrator in international commercial arbitration
Nevařil, Vít ; Růžička, Květoslav (advisor) ; Kučera, Zdeněk (referee)
This diploma thesis concentrates on the issue of the legal position of arbitrator in international commercial arbitration proceedings. In chapter one of the first part the author concentrates on the origins and history of arbitration proceedings and international arbitration proceedings in Greek and Roman Antiquity, in the Middle Ages, in the modern age until now. Within the historical development the thesis also describes individual international agreements which govern international commercial arbitration as such. In this chapter the author also asks fundamental questions concerning the principles of the functioning of arbitration proceedings. In its second chapter the thesis first concentrates on defining ADR and arbitration proceedings with an emphasis given on the finding of nodal points between ADR and arbitration proceedings. The author tends to the opinion that the arbitration proceedings are part of ADR. In the following part of this chapter the thesis concentrates on an analysis of the international element in contractual obligations and the elementary difference between the international arbitration proceedings and the in-country arbitration proceedings. In the first chapter of the second part the author proceeds to the analysis of fundamental requirements for the person of arbitrator....
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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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Institutional arbitration procedure
Zoubková, Kateřina ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
- Institutional Arbitration Arbitration in its today's dimension is a phenomenon that represents an alternative system to a state organized litigation. Arbitration is way of settling disputes among subjects in various fields of economic activities. There is commercial arbitration which is the most spread and used in the world, sport arbitration, mixed arbitration and others. This thesis, also due to the fact that it has been assigned by The Department of Commercial law - International Private Law, is devoted to international commercial arbitration. Arbitration is a private system of litigation in which private neutrals are called by parties to resolve their dispute. Arbitration held by individual neutrals chosen particularly for determinate cause is called ad hoc arbitration. In response to a stabilization of arbitration procedure, the arbitration institutions were established to provide arbitrational services and other dispute resolution services. Arbitration administrated by such institutions is in theory called institutional arbitrational, which is the subject of present work. The thesis is deemed to report on actual arbitrational and other dispute resolution services offered by major world institutions. These services include the arbitration proceedings itself which is the most important and...
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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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