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Legal status of an arbitrator
Klobouček, Eduard ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
- Legal Status of an Arbitrator Main aim of this thesis is to describe the legal status of an arbitrator in international and national arbitration. Arbitration is an alternative dispute resolution which is nowadays very frequently used and which has been established in Czech Republic by Arbitration Act. Arbitrator is the most important person in arbitration because he leads the trial and makes binding and enforceable decisions. Thesis is divided into six parts which concern about alternative dispute resolutions, about arbitration generally, historical evolution of legal status of an arbitrator in Czech Republic, current legislation, legal status of an arbitrator and permanent arbitration courts and legal status of a financial arbitrator. The merit of this thesis is to grasp main problems which arise on the field of legal status of an arbitrator and describe the approach of courts and legal experts. Paper also contains comparison with the legal system of Slovakia, Germany and the United Kingdom and incorporates the latest amendments. of Arbitration Act.
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The Person of Arbitration in International Commercial Arbitration
Mazuchová, Kateřina ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The topic of the thesis is The Person of Arbitrator in International Commercial Arbitration. Arbitration has undergone a number of changes in recent years. This procedure is very popular not only for a choice of Arbitrator, but also for its speed and lower costs, as compared to the other methods of dispute resolution. In the work has been carefully analyzed the whole procedure from the viewpoint of an Arbitrator, especially his duties and powers. The amendment to Act No. 216/1994 Coll. - Act No. 19/2012 Coll., with effect from 1.4.2012 was to distinguish arbitration for consumer and without consumer. Part of the thesis are also proposals de lege ferenda.
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Arbitration proceedings in the Czech Republic
Vedralová, Jana ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The focus of this thesis is to analyse the most questionable and presently very discussed points at isme of the arbitration in the Czech Republic. The subject of this thesis is rather extensive, therefore not all aspects of the arbitral proceedings can be concerned. There has been a substantial advancement in arbitration, since Act No. 216/1994 Coll., On Arbitral Proceedings and On Execution of Arbitral Awards took effect. In this thesis I focused on the czech legal framework of arbitration, its imperfections and influence of judicature of the European Court of Justice on the interpretation of the czech law. Pursuant to the questionable facts mentioned above, and under the influence of the judicature of the European Court of Justice and czech court's judicature, the Arbitration Act should be amend. There should be changes especially at the articles concerning arbitrator, arbitration at consumer disputes, and the arbitration contract requirements. The arbitration is means of final and binding dispute rosolution which provides a suitable alternative for the judicial trial, especially at commercial disputes between undertakers - professionals.
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The several aspects of arbitral procedure in the Czech Republic
JAROUŠKOVÁ, Klára
The aim is to analyse the current legal setting of arbitral procedure in the Czech Republic including its development and jurisdiction. European Union legal standards are also taken into consideration. The main emphasis is put on the selected aspects of the arbitral procedure in the Czech Republic including future legal regulations. The work explains and defines the term Arbitral Procedure. The conclusion includes summary of changes of the Arbitral Procedure after incorporating EU standards and laws.
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Solutions of disputes in the area of consumer contracts
SEKANINOVÁ, Božena
The aim of this work with a title Solution of disputes in the area of customers contracts was desribed, analyzed and compared economic a legal aspects, advantages and disadvantages by the solution of customers contract in the arbitration and in the lawsuit. Next aim was comparison the czech law with the law in Slovakia, when it was turned to the arbitration and disputes in the area of customers contracts. Then there was desribed and analyzed the problems of the arbitration centre position and the custumers contrancts with arbitration clause, according to the law effective before and after the day of the 1 st April 2012. In conclusion there was defined some changes in legislation.
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Position of trade unions in labour relations
KOŘÍNKOVÁ, Marie
The topic of my bachelor thesis is the position of trade unions in labor relations. In my work I deal with different powers of trade union, collective bargaining and concluding collective agreements. Further I define the notion of collective and individual disputes. Disputes arising from collective agreements and contract disputes shall be resolved by proceedings before the arbitrator and mediator. Unlike the disputes of collective agreements may be in dispute on the conclusion of collective agreements used as a last resort strike, but only if it was not brought before an arbitrator. The main task of trade unions is the protection of employees.
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Alternative dispute resolutions in trade relations
Štávorská, Zuzana ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This thesis discusses the alternative dispute resolution methods in trade relations. The main objective of this thesis is to describe and analyze ADR as a group of methods used to resolute disputes with focus on two main methods - mediation and arbitration. My objective is to describe the main principles of ADR, to compare their main advantages and disadvantages and to analyse the process of resoluting disputes by these methods. Another objective is to evaluate and analyze the development of ADR in the Czech Republic, their legal regulation and its current status. A short part of the thesis concerns about regulation of mediation in the EU and the analysis of implementation of the European Parliament and Council Directive 2008/52/EC dated May 21, 2008 to national legislation. Thesis is divided into five separate chapters. The first, introductory chapter only briefly discusses about dispute and conflict and ways they can be solved. The second chapter already characterizes ADR as a group methods of dispute resolution, its main principles, advantages and disadvantages and finally briefly describes some of the ADR. The third and fourth chapter focuses on the mediation, its principles, advantages, disadvantages, the mediation process and mediator. It monitors the development of mediation in the Czech republic and the current situation in the legal regulation of mediation in the country. The last chapter deals with arbitration. It describes its basic principles, advantages and disadvantages again. The conclusion discusses the czech Arbitration law and the forthcoming amendment.
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Arbitration in business practice
SEKANINOVÁ, Božena
The aim of this work with a title Arbitration in business practice was analyzed legal regulation of arbitration and its implementation in business practice, specified problems and proposed appropriate amendments to legislation. The introduction defines the notion of arbitration, describes the history of arbitration, the advantages and disadvantages and discusses current arbitration law. The practical part is focused on arbitration in disputes of consumer credit loans. There is description of the arbitration in financial company, is analyzing the financial performance of arbitration compared with a judicial proceeding, is resolved the status of permanent arbitration court and arbitration center, and ultimately are defined the changes in existing legislation.
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Arbitration
Braunová, Petra ; Švarc, Zbyněk (advisor) ; Kotoučová, Jiřina (referee)
The main aim of this bachelor thesis is to characterize the essence of arbitration and to clear up all the main problems connected with arbitration. First few chapters are focused on the history of arbitration, legislation of arbitration, arbitration agreement and the position of arbitrator. Second part of this thesis is about arbitration proceedings and it also includes summary of the main pros and cons of arbitration.
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