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Arbitration Proceeding in the International Trade
Hulmanová, Nina ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
This thesis describes and portrays system of arbitration proceedings in the international trade, staring with filing of motions ending with enforcement of arbitral rulings. Arbitral proceedings are legal alternative of settlement of legal disputes to traditional court cases, where a third entity - a intermediary, rules in a legal dispute delivering a binding and enforceable arbitration ruling. My paper consists of eight chapters First chapter broadly describes characteristics of alternative settlement of legal rows, defines connections with arbitral proceedings and involves a brief characteristics of single ways of ADR, such as mediation, conciliation, mini-trial, expertise etc. Second chapter is in introduction into the very essence of arbitral proceedings. If explains definition, characteristics and fundamental theoretical doctrines, which define legal nature of this institute, Since all sides yield to arbitration rulings deliberately, is this chapter dedicated to advantages and disadvantages determining decision-making of involved parties. List of proceedings' option can be found at the end of chapter. This involves institutional arbitrage, running in front of permanent arbitration institution, based on its rules, permanent fees and list of arbitrary judges as well it includes ad-hoc arbitrage, when a...
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Automobil Industry on the pages of newspaper in year 2007
Dobiáš, Petr ; Trampota, Tomáš (advisor) ; Jirák, Jan (referee)
Bachelor thesis deals with quantitative content analysis of topical rubrics of newspapers named above involving all releases in 2007. The analysis is focused just on rubrics conversant questions of automotive industry. Its goal is describe similarities and differences in content selections, how it is led along, what space is devoted to it and what kind of information gives to its readers. This thesis is devoted to segmentation of space on quantifiable parameters and outcomes of analysis are put through the statistic analysises . All the findings are presented through schemes and diagrams. An outcome is quantitative description of chosen topical units which describes topical and spatial zoning of automotive industry as a topic presented on pages of totally different newspapers regarding the historical background and different reader's bases. There are answered questions on seasonality and space devoted to motorism.
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The effectiveness of court jurisdiction agreements within the regime of the Brussels I. Regulation with respect to decision-making of the European Court of Justice
Vydrová, Jana ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
The purpose of this thesis is to analyze the extent of how have recent decisions of ECJ in cases Gasser, Turner and Owusu compromised the efficiency of jurisdiction agreements under Brussels I. Regulation. The main and most important aim of European Union, as a political and economic union, is facilitation of trade among Member States. Commercial transactions, especially in international framework are heavily regulated by contracts, wherein parties tend to regulate all potential issues in order to prevent applications of national laws. Therefore in international trade, the importance of party autonomy is even more significant than, in any other branch of contractual relations. One specific expression of party autonomy is incorporation of jurisdiction agreements into contracts, whereby parties determine which national court will have jurisdiction in the case of potential dispute. These so-called prorogation agreements are at the European level, regulated by Brussels I Regulation. However the ECJ has in several recent cases prioritized other principles, such as mutual trust and avoidance of irreconcilable judgements to the prejudice of party autonomy, which has together with very literal approach in construction lead to uncertainty in efficiency of application of jurisdiction agreements. This thesis...
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Mediation as a type of alternative dispute resolution
Kozlová, Kateřina ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The purpose of this thesis is to present mediation as an Alternative Dispute Resolution (ADR). The selection of this topic is influenced by the currency of this issue. This currency can be seen in the adoption of mediation act, which is first of its kind. The thesis is composed of five chapters. The first chapter deals with the general concept of ADR and presents different types of ADR. The second chapter then presents mediation as one of the types of ADR, and focuses on the concept of mediation, its history, the role of mediator and the mediation process in its four sub-sections. The crux of this thesis is then in the following chapters which addresses how mediation is utilised in the European, Czech and Australian legal environments. The third chapter of this work shows the development of mediation in the EU, which led to the adoption of the Directive on certain aspects of mediation in civil and commercial matters (2008/52/EC). This Directive is an essential guide for the development of mediation in the EU Member States, including the Czech Republic. On 13th June 2012 Act No. 202/2012 Sb. on mediation and amending certain laws, which establishes the new concept of mediation in the Czech Republic, was introduced. The adoption of this law implements a Directive on mediation, which the Czech...
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Cross-Border Public Procurement
Petřík, Michal ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
The subject of this thesis (in line with its title) is the issue of the cross-border public procurement. In examining this issue in terms of the Czech Republic as an EU member state, it is clear that if a relevant cross-border (international, foreign) element appears in the domestic procurement proceedings, it will usually be a "European" element (EU international element). The Czech legal order takes such situations into account, as it is decisively determined by EU law. This thesis is divided into four parts. The first and shortest of them (Concept of Public Procurement) is rather a terminological remark in which attention is paid to the economic and legal definitions of public procurement. The second part (Public Procurement Law) is engaged in relevant legislation on public procurement at international, European and national law levels. The third part (Fundamental Principles of Public Procurement) deals with the fundamental principles upon which rests the EU (and hence also the domestic) legislation on public procurement. The fourth part (Selected Issues Associated with Foreign Supplier's Participation in Czech Procurement Proceedings) is focused specifically on the legal position of foreign suppliers in Czech procurement proceedings (under Act no. 137/2006 Coll. on Public Procurement).
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Contractual and Non-contractual Obligations in International Private Law
Lesňáková, Katarína ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
In this paper we examine contractual and non-contractual obligations in situations involving a conflict of law. The special emphasis is given to overriding mandatory rules, the importance and impacts of these rules of law on civil and commercial relations with international element. This thesis is composed of four parts and each of them is subdivided into further sections and paragraphs. In the first part, we introduce the general theory as theoretical base of the subject and we define the key terms. The question concerning the role of Czech courts in the application of foreign law is also mentioned. Subsequently, we analyze national Czech legislation and we focus on the relevant provisions contained in the draft of new Private International Law Act. By becoming Member State of the European Union in 2004, Czech Republic undertook to accede to the 1980 Rome Convention on the law applicable to contractual obligations. Second chapter is dedicated to this international treaty which has clarified the concept of "mandatory rules" but has also given rise to some qualification problems. We discuss the relationship between overriding mandatory rules and protective mandatory rules (particularly rules of consumer and labour law) and present the main approaches to this problem. Rome I and Rome II regulations...
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Institutional arbitration procedure
Pressburgerová, Lucia ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
60 INSTITUTIONAL ARBITRATION Summary As diverse the disputes arising in everyday life are, so different are the methods developed over the time to settle them, ranging from methods of alternative dispute resolution to arbitration and court proceedings. In recent years an increasing number of disputes resolved in arbitration and the fact that arbitration is being used to settle not only international and property disputes, gave rise to many studies on arbitration dealing among others with institutional arbitration. The purpose of my thesis is to analyse arbitration, concentrating on arbitration offered by arbitration institutions in contrast to ad hoc arbitration and arbitration before so called "arbitration centres", as the number of them keeps growing in the Czech Republic and in many cases they confusingly appeal to a laic person to represent a permanent arbitration institution. The thesis is divided into five chapters, each of them dealing with different aspects of arbitration. Arbitration is being defined as a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the arbitrators, or arbitral tribunal), by whose decision (the award) they agree to be bound. It is a settlement technique in which a third party reviews the case...
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Relocation of the Registered Office of a Company with a Focus on the Relocation of the Head Office of a European Company
Maršíčková, Linda ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
Main purpose of this thesis is an assessment of the possibility of companies to transfer their seat from several points of view. It is distinguished between situations of companies with regard to the relocation of head office contrary to the relocation of registered office. At first, the migration issue is analyzed in general, then from the perspective of EU law. Due to insufficiently resolved scope of the freedom of establishment, especially with respect to the transfer of registered office, the thesis focuses on the European Company. For the time being, it can be considered as the most advanced result of the common effort of EU member states to achieve a supranational company form. It was not a random choice to dedicate part of this thesis to the European Company since the possibility to move its registered office freely across the EU is one of the main attributes granted to the European Company form. The analysis of relocation process, including consideration of potential difficulties results in comparison with actual opportunities of "national"companies in this respect. With regard to the structure of thesis it is divided into four parts and a separate conlusion. First part deals with the matter of the EU common market, with an emphasis on each of four freedoms. Especially the primary and...
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The Rome Convention and Rome I Regulation on the law applicable to contractual obligations
Šarochová, Lucie ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Rome Convention and Rome I Regulation on the law applicable to contractual obligations From 17 December 2009 the courts of all EU Member States other than Denmark are obliged to determine the applicable law for contracts with an international element entered into on or after this date on the basis of a Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (the Regulation). The Regulation applies to most commercial and civil law contracts. These rules are not a radical departure from the rules previously applicable in the Czech Republic, i.e. the Rome Convention on the law applicable to contractual obligations from 1980 (the Convention). The Convention was published in the Collection of the International Treaties as notification No 64/2006 Coll. and it applies to contracts concluded after 1 July 2006. Where neither the Convention nor the Regulation applies, the Czech courts will generally look to the relevant national law, Act No 97/1963 Coll. on Private International and Procedural Law as amended. The purpose of this thesis was to provide an overview of some of the most important provisions of the Regulation in comparison to the Convention, to highlight the areas of change in this new instrument. The first part of the...
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Arbitration procedure within international business transactions
Šteflová, Iva ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
The diploma thesis on Arbitration procedure within international business transactions focuses on the place of arbitration procedure and its relation to the national system of law. The first chapter is concerned with the dispute resolutions within international business transactions. The thesis characterises the alternative dispute resolutions and defines the term of arbitration procedure within international business transactions. The basic characteristics thereof are specified and the theories which attempt to explain nature of arbitration are described - contractual, jurisdictional, mixed and autonomy theory. The term of the place of arbitration is defined in the second chapter as the real place situated in the territory of a particular state. This place is distinguished from the arbitration seat and from other terms which used to be confused with the place of arbitration. The arbitration seat is deemed to represent legal domicile of the arbitration. The system of law of the seat determines the legal regime of arbitration procedure. The thesis further describes two main theories dealing with the relation between the place of arbitration and the national system of law - seat theory and delocalization theory. The relation between the place of arbitration and the national system of law is also...
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