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National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
Reservation of public policy in private international law
 Šedivková, Anna Marie ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
Reservation of public policy in private international law Abstract This thesis aims to explore the issue of public policy reservation (ordre public) in private international law. The thesis analyses various aspects of public policy reservation and its application in the context of private international law, with an emphasis on the Czech legal environment. The thesis consists of five chapters, in the first chapter the concept of public policy in private international law is theoretically defined and its possible classification is presented. A separate subchapter focuses on the concept of public policy in European law and the case law of the European Court of Human Rights. Furthermore, the thesis analyses the formal sources of law establishing the public policy reservation at the international, European and national level, as well as the conditions of application of the public policy reservation in Czech law. The principle of restrictive interpretation is analysed in more detail and the relativity doctrine is also analysed. Furthermore, the thesis deals with two modalities of the use of the public policy exception: as a ground for refusal to apply a rule of foreign applicable law and as a ground for refusal to recognise and enforce a foreign judgment in the Czech Republic. The last chapter examines the scope...
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Refusal to recognize and enforce arbitral award under Article V, paragraph 2 (b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958
 Sojka, Štěpán ; Brodec, Jan (referee)
(ENG) Refusal to recognize and enforce arbitral award under Article V, paragraph 2 (b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 Public policy exception is a deeply rooted instrument used in international documents governing the recognition and enforcement of foreign dispute resolution decisions. It was included in the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards of 1958 since its very first draft, which actually aimed to reform the system of recognition and enforcement of foreign arbitral awards at the time governed by Geneva Protocol and Geneva Convention. Article V section 2 b) of the New York Convention which embodies the public policy exception is quite commonly described as the weakest and the most problematic part of the Convention. In the thesis at hand, the author analyses this provision and conducts a research to find out whether and why the provision is problematic in the practice of the courts. In the first part of the thesis, the author describes the legislative process of the scrutinized provision. In the second part, author describes and analyses interpretation and application difficulties of the scrutinized provision using mainly various court decisions rendered by the relevant states' courts. In the last...
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