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Online Dispute Resolution
Krejčí, Jan ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
This diploma thesis seeks to characterize and critically evaluate current development in the field of Online Dispute Resolution. In particular, interpreting international legislation focusing on present development and trends in this alternative dispute resolution, with help of Information and Communication Technologies. This thesis is divided into a total of seven chapters, which four of them are considered essential. The first is the second chapter, where the author of the thesis deals with the legislation of the Online Dispute Resolution in the Czech Republic. Secondly, the third chapter provides an explanation related to the domain disputes in the Czech Republic, the EU and the rest of the world. The fourth chapter deals with the development of legislative initiatives at the European Union level. Of particular note being, the European Union Regulation No. 524/2013 on online dispute resolution for consumer disputes. Further to that, chapter 5 deals with the activities of the The United Nations Commission on International Trade Law conducted by the third working group. In conclusion, the author notes that the main goal of the diploma thesis, namely the provision of an overview of the legislation of the Online Dispute Resolution, developing possibility of alternative dispute resolution, has been achieved.
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New trends in international commercial arbitration
Javůrková, Hana ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
New trends in international commercial arbitration The subject of this diploma thesis is the international commercial arbitration as a dynamicallydeveloping field and more specificallyselected segments of the development of this field. Due to the great popularity ofsolvinginternationalcommercialdisputestheotherwaythanincivillitigationinternationalcommercial arbitration is a very important and growing field. International commercial arbitration is pushed continuallytobeimprovedtobeabletoprovideaquick,qualifiedandfairsolution.Sincethereis changed competencefrom courttoarbitratoritis alsoveryimportant forstates toensurethat arbitrationawards that haveariseninthearbitrationprocedurerespectpublicorderandthattheprocedure keepscertainstandards of the process. This thesis is divided into four chapters. The first chapter is devoted to the theoretical definition of international commercial arbitration, the distinctions between arbitration and civil litigation and ADR methods. There are also named theoretical concepts of arbitration such as contractual theory, jurisdictional theory, hybrid and autonomous theory with representatives of each one. The second section describes the development of the international arbitration and covers all important sources of law of international arbitration. Since there are...
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Carrier's Liability in International Carriage of Goods
Hovorka, Martin ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
1 Abstract The diploma thesis is focused on the issue of the carrier's liability in the international carriage of goods. The topic is narrowed to the carriage by sea, being the most significant mode of carriage as regards the volume of carried goods; its international regulation is disunited and full of specifics justifying the need for a deeper analysis. Relevance of the topic consists in gradual establishment of new trends of transport, technological development and particularly in the continuing need for unification of the legal regulation. The objective of the thesis is to introduce and analyze the respective rules, to compare the rules with each other and to evaluate them. The first chapter is dedicated to a theoretical introduction containing a definition of the liability and providing basic information about transport, carriage and subjects and division thereof. Regulation of carriage according to the Czech law is comprised in this chapter as well. The second chapter is aimed at the carriage by sea in a broader context. This chapter deals with characteristics of this mode of carriage, especially as for division thereof, types of transport documents and typical subjects. Further, the basics of the Czech, European and international regulation of the carriage by sea are outlined. The third chapter is...
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Assessment of claims in construction projects implemented using FIDIC contract templates
Jegorova, Anastázie ; Klee, Lukáš (advisor) ; Brodec, Jan (referee)
The aim of this thesis is to put the liability obligations arising from the FIDIC contract templates into the context of the current Czech legislation, while uncovering potential conflict areas and evaluating the pros and potential risks arising from the use of these contract templates in the Czech construction industry. The first part of the thesis contains characteristics of all components of civil liability, defines its role in the legal and theoretical field and lays the basis for the practical conclusion in the second part, which focuses in more detail on the treatment of liability obligations under the FIDIC contracts. To illustrate these conclusions, the comparison is made on a particular narrow issue of the quantification of the claims of the parties arising from the above-mentioned liability obligations.
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Topical issues of the regulation of international air carriage
Benda, Matěj ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Topical issues of the regulation of international air carriage The object of this thesis is the regulation of international air carriage, which is by its nature governed mainly by international treaties and secondary law of the European Union. The thesis is divided into five parts, which are cross-sectional focused on all aspects of air carriage. The first part informs about the historical development of aviation and its contemporary importance especially with regard to its economic and environmental significance. Basic concepts which can be found by readers in this thesis are not omitted as well. The second part focuses on the regulation of international air carriage from the perspective of International, European and Czech law. As mentioned in this thesis, the carrier's liability when the loss event that is expected by legislators happens is governed mainly by international treaties and secondary law of the European Union, that is why the third part is focused on its most important legal sources also with the regard to their interrelation which was defined by the Court of Justice of the European Union. Since it is necessary to extensively inform passengers about their rights, the author decided to do so in the fourth part of this thesis, which deals with the passengers' claims, in the case of...
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International sales contract
Staňková, Monika ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The thesis is called international sales contract. The aim of it was to provide an overview of the possible legal regime of an international sales contract and to inform about sources of law that are applicable to such contract. The main aim of my thesis was to analyze United Nations Convention on Contracts for the International Sale of Goods (CISG). I tried to evaluate its advantages and disadvantages through the whole thesis. I focused on its scope of application, on the other hand, I did not examine rights and duties of parties to a contract determined by the CISG. In one part of my thesis I also paid attention to INCOTERMS, which is a significant and practical tool on the field of international trade. I realized this thesis using a descriptive method, since I tried to characterize certain legal instruments and their position and function thanks to information obtained from legislation, doctrine and case law. Moreover, I was using a comparative method, as I was comparing differing opinions of doctrine. Afterwards, I tried to form and explain my own views. I divided my thesis into five sections. In the first section I described international sales contract and I pointed out the difference between international and domestic sales contract. In the second part I was dealing with sources of law of...
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International insolvency law
Krenke, Alexey ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
International Insolvency Law Key words: COMI, Insolvency regulation, insolvency, bankruptcy, forum shopping In today's globalized world, proceedings with an international element have become more and more important. This work deals with an important sector of private international law - international insolvency law. Owing to the breadth of the topic, the author has chosen to focus specifically on issues surrounding COMI (Centre of Main Interests) in the European context in conjunction with Council Regulation (EC) no. 1346/2000 on insolvency proceedings dated 29 May 2000 and its amendment in 2015. In addition to the description of the general parameters of European insolvency regulations he refers to the discussion regarding the advantages and disadvantages of COMI as the main factor for the determination of a court's jurisdiction for the initiation and conduct of insolvency proceedings with an international element, and tries to show (with references to several judgments of the European Court of Justice and national courts - among them the Czech courts) both the development of its application in practice and the development of the definition of COMI itself and criteria for assessment. In first chapters author gives the overview of theoretical grounds of the cross- border insolvency and shows the...
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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 procedure in international business transactions
Karfilát, Jakub ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
The purpose of the diploma thesis is to summarize the most important and basic attributes of arbitration in international business transactions. Further, the thesis assesses the biggest pros and cons of the arbitration. Emphasis is placed on opinions of economical entities as users of the arbitration to settle their mutual disputes. The first chapter aims on definition of three basic terms including the arbitration as the corner stone of the whole topic, then the meaning of international and definition of business relations. The two latter terms distinguish the respective category of arbitration from other categories such as arbitration in consumers or labour relations or arbitration conducted between states and individuals arising from investments. The second chapter enumerates the most important sources of law governing the arbitration. The thesis aims on both material and formal sources. Reasons for creation and historical development of arbitration are shortly outlined as material sources. The part concerning with the formal sources refers mainly to international sources with accent on New York Convention and UNCITRAL Model Law on International Arbitration. From the national sources the main focus is placed on Czech legislation. Procedural rules of permanent arbitration institutions and their...
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Choice of applicable law in private international law
Raška, Michael ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
Résumé The aim of the diploma thesis called Choice of applicable law in private international law is to provide a comprehensive analysis of the given area, justify the need and benefits of choice of law in situations involving private international law and to suggest possibilities for future development. The first section is dedicated to conflict-of-law rules, their construction, characterization and function. Choice of law is also analyzed from the perspective of the connecting factor. The following part focuses on the history of choice of law in private international law from the initial reflections in the Middle Ages to the rapid development in the second half of the 20th century. In the third chapter, choice of law is described in general terms, including an analysis of individual types of choice of law and analysis of renvoi. In the following sections, choice of applicable law in major legal situations involving private international law is explored. Firstly, contractual obligations are discussed, the main focus being the Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I). Secondly, non-contractual obligations are analyzed mainly in terms of the Regulation (EC) No 864/2007 of the European Parliament and of the Council on...
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