|
|
UNCITRAL arbitration rules and their application in practice
Vlasova, Olga ; Růžička, Květoslav (advisor) ; Zavadilová, Marta (referee)
UNCITRAL Arbitration Rules and their application in practice Abstract This thesis investigates the UNCITRAL Arbitration Rules and their application in practice. The aim of the thesis is to analyze the extent of the application of UNCITRAL Arbitration Rules and other UNCITRAL rules in the current climate of the development of international trade, the growth of international economic relations and, as a result, the enhancement of integration processes. Legal-analytical, legal- comparative and legal-descriptive methodology is used to address the aforementioned research question. The thesis is divided into two parts. In the first part, the reader is acquainted with the general concept of international arbitration, the arbitration agreement as the basis of arbitration, arbitrability and, last but not least, the difference between ad hoc and institutional arbitration. In the second part, the author covers the UNCITRAL Commission and its role in private international law, investigates the legal aspects of the UNCITRAL Arbitration Rules and their most recent revision in 2010 and their practical implementation in modern conditions of international trade under the current impact of economic sanctions. In conclusion, the author draws up specific statements, that further development of the UNCITRAL Arbitration Rules...
|
|
|
UNCITRAL Arbitration Rules and their application in practice
Halada, Martin ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
UNCITRAL Arbitration Rules and their application in practice UNCITRAL Arbitration Rules are a standard for ad hoc international commercial arbitration. 1976 version of UNCITRAL Arbitration Rules was replaced by extensive revision of the UNCITRAL Arbitration Rules in 2010 and in 2013 by revision implementing the Rules on Transparency in Treaty-based Investor-State Arbitration. The purpose of this thesis is to analyze individual provisions of UNCITRAL Arbitration Rules and explain them to the reader with an emphasis on their everyday use by arbitration practitioners. In the second chapter of this thesis a general introduction into the topic of international commercial arbitration, including the pros and cons of international commercial arbitration as a method of dispute resolution in international commerce is given. The third chapter begins with a description of the genesis of UNCITRAL Arbitration Rules in the context of works of the United Nations Commission on International Trade Law. The following chapters, which constitute the main body of this thesis, follow the structure of UNCITRAL Arbitration Rules and write up in detail all of its 43 Articles. The interpretation of individual provisions of UNCITRAL Arbitration Rules is in practice influenced by, among others, soft-law. This influence is...
|
guest ::
