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Methods of discontinuance of the enforcement of judgement (execution)
Rousová, Veronika ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Methods of discontinuance of the enforcement of judgement (execution) Abstract The present thesis deals first of all with the analysis of the individual grounds for stopping the execution under the provisions of Sec. 268 (1) (a) - (h) of the Code of Civil Procedure, with attention aimed at (h), which is most influenced by the development of case law, with a focus on executions conducted on the basis of ineligible enforcement titles, which are arbitral awards. The aim of this paper is to carefully analyse these general grounds for putting an end to the execution, as well as the new grounds for stopping the execution brought about by the amendment to the Enforcement Code, which was implemented by Act No. 286/2021 Coll. The purpose of my work, however, was also to point out the current issues in the field of execution, in particular the stopping of execution after it has already ended in recovery, as well as the stopping of execution again on priority grounds after the execution has already been stopped on non-priority grounds, which could have brought less favourable legal effects to the debtor. The first part of the thesis, in which in the first chapter I introduce the institution of the termination of execution, as well as in the second chapter the motion for termination of execution, which initiates the...
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Current issues of recognition and enforcement of foreign arbitral awards in comparative practice
Mládková, Karolína ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Current issues of recognition and enforcement of foreign arbitral awards in comparative practice Abstract This thesis deals with current issues of recognition and enforcement of foreign arbitral awards in the Czech legal system, the recent case law of both Czech and foreign courts, and legislative development in this area. In particular, it examines the possibilities of enforcement of foreign arbitral awards in the Czech Republic. Moreover, it compares the Czech legal regulation and the legal regulation of recognition and enforcement of foreign arbitral awards of the Federal Republic of Germany. The first chapter provides general characteristics of arbitration and enforcement proceedings, institutes of recognition and enforcement of arbitral awards, and presents relevant international and national legal sources of recognition and enforcement of foreign arbitral awards. The second chapter deals with the legal regulation of recognition and enforcement of foreign arbitral awards under Czech law. Besides the description of procedural legal rules, it contains an analysis of relevant national case law, especially in relation to the possibilities of enforcement of foreign arbitral awards before Czech courts and other enforcement authorities. It is further followed by an analysis of the most important conclusions...
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Application of EU Law in International Sports Arbitration
Paterová, Karolína ; Exner, Jan (advisor) ; Vondráčková, Aneta (referee)
Application of EU Law in International Sports Arbitration Karolína Paterová Abstract The aim of this thesis is to explore and analyse the possibilities for individual athletes of how to defend their rights with help of EU law. The premise of this thesis is the closed system of sports governing bodies and of further procedure at Court of Arbitration of Sports with the possibility to appeal to the Swiss Federal Tribunal is not always sufficient to protect rights of individual athletes. The author of this master's thesis first claims that if there is a decision in the international sports arbitration (decision of a sports governing body and then the one of CAS), an individual athletes should be able to seek the remedies through EU law. Secondly, two options of how to proceed in such case are provided. The author analyses each of them, especially by referring to the most significant judgements of the CJEU. The author also provides her opinion on both possible ways as well as on approach of sports governing bodies and of the Commission. The structure of this master's thesis is as follows. It first deals with the procedure in the international sports arbitration - which is the procedure before particular sports governing bodies followed by the appeal procedure at CAS. Then, it dives into the relationship between...
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Enforcement and Recognition of Foreign Arbitral Awards
Větrovská, Karolína ; Bříza, Petr (advisor) ; Zavadilová, Marta (referee)
Enforcement and Recognition of Foreign Arbitral Awards Abstract This thesis focuses on the issue of recognition and enforcement of foreign arbitral awards. The aim of the thesis is in particular the analysis of sources of law related to the recognition and enforcement of foreign arbitral awards and the related issue of denial of recognition and enforcement of foreign arbitral awards, in particular the NY Convention and the Private International Law Act. The author of the thesis uses mainly the comparative method and the descriptive method in order to achieve her objective. The thesis is divided into five chapters. In the introduction, the author of the thesis introduces the reader to the issues, methodology and systematics of this thesis. Within the next chapter, the author of the thesis introduces the reader to the terminology of arbitration, introduces the concepts of arbitration and the basic attributes of arbitration. Subsequently, the author of the thesis describes the institutes of recognition and enforcement of foreign arbitral awards, explains the different approaches of different sources of law, as well as the approaches of some states. The conclusion of the thesis provides the reader with answers to the research questions. The research questions, i.e. "is the domestic approach to the recognition...
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Arbitration proceedings in the Czech Republic
Kudrhaltová, Irena ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The topic of this thesis is arbitration proceedings in the Czech Republic. In the introductory chapter arbitration is generally described, with definition of its characteristics in comparison with the ADR methods and regular court proceedings. Four basic theoretical standpoints concerning the arbitration proceedings are introduced. Arbitration is divided into general and specific arbitration as well as institutional and ad hoc. In the second chapter the issue of arbitrability is described- specifically the conditions of its formation. The third chapter focuses on the arbitration agreement, beginning from the inception, including its content and ending with cases when the agreement is void. Arbitrator, including requirements concerning the person, such as confidentiality, independence, and impartiality, is contained in the fourth chapter. It also includes arbitrator's appointment and remuneration. The fifth chapter deals with the arbitration proceedings in concreto. Basic principles governing the arbitration are outlined, following with initiation of legal action including further motions and evidence. The sixth chapter is aimed at arbitration decision and its specific forms: the arbitration award and the resolution. A possibility of settlement approved by an arbitrator or a permanent arbitration...
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Arbitration proceedings in the Czech Republic
Šolín, Karel ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The theme of this thesis is the arbitration proceedings in the Czech Republic, which is one of the alternative disputes resolutions. The goal of this thesis is to provide a complete summary of legal regulation of the arbitration proceedings. The thesis is divided into eight chapters. The first three chapters deal with general issues of the arbitration proceedings. The first chapter which is further subdivided into six subchapters is focused on the basic definition of the arbitration proceedings, its theoretical concepts, its advantages and disadvantages, as well as its different types. The second chapter provides a summary mainly of national legal regulation. Chapter three explains the objective conditions under which a certain range of disputes can be heard and decided in the arbitration proceedings, including some specific examples. Chapter four is concerned with the arbitration agreement which is the major institute and the basis condition of the arbitration proceedings. This chapter is subdivided into three subchapters dealing with for example the different types of arbitration agreements, their mandatory requirements and also their invalidity and termination. In a separate subchapter author discusses the arbitration agreement for resolving disputes arising from consumer contracts. Chapter...
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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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Arbitration procedure within international business transactions
Tylš, Jan ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
This thesis discusses the fundamental issues of arbitration in international trade. The aim of the paper is to explain the basic aspects of international arbitration, which constitute reason for choosing this method of dispute resolution, and further evaluate whether development of arbitration as such may cause international traders to reconsider arbitration as primary dispute resolution method. The structure of this thesis consists of an introduction, nine chapters and a conclusion. I determine thesis dissertation in the introduction, followed by the first chapter, where the reader is briefly acquainted with the history of arbitration and international commercial arbitration. In the second chapter dispute resolution methods in general are defined. The third chapter is devoted to alternative dispute resolution methods, their advantages and disadvantages and I further describe certain types of ADR. In the fourth chapter, arbitration is explained together with its basic attributes, theoretical concepts of arbitration and definition of international and domestic arbitration. At the end of the chapter legal sources of arbitration are listed. The fifth chapter describes the arbitration agreement as a precondition for arbitration; conditions for the validity of arbitration agreements are further defined as well...
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Arbitration
Čeladník, Filip ; Winterová, Alena (advisor) ; Růžička, Květoslav (referee) ; Poláček, Bohumil (referee)
1 The purpose of this thesis is to discuss the main aspects of the Czech legal regulation of the arbitration proceeding under the view of the particular Western European national and international legal orders. By doing so, the author strives for critical review of the arbitration proceeding as per the Czech legal order under the worldwide perspectives and with the prism of modern Western European and world legal theory of the arbitration proceeding. The intention of such research is to determine if the contemporary Czech legal regulation of the arbitration proceeding is in conformity with the modern theory and practice of the arbitration proceeding. This thesis also aims to answer a question whether the Czech courts shall have the right to review the application of law by the arbitrators. The author is seeking to answer this question by comparing the the Czech, or rather Continental system of law with the law of England and Wales.
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Invalidity of Arbitration Clauses - Development of Case Law and Practikal Implications
Číhal, Jan ; Pohl, Tomáš (referee)
This diploma thesis mostly analyses case law, concerning invalidity of arbitration clauses. The thesis analyses how the courts have been dealing with key arbitration issues which arose in recent years. The diploma thesis defines common reasons for arbitration clauses' invalidity and points out the current case law's conclusions. The thesis also stresses the implications of arbitration clause's invalidity on enforcement and insolvency proceedings and points out problematical aspects of the current case law.
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