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Enforceability of mediation settlement agreements in international commerce
Godál, Ondrej ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The aim of this thesis is to clarify the issue of enforceability of mediation settlement agreements with the focus on the field of commercial law. The thesis presents the main problems and interpretation divergences and the author argues his own opinions. In the first chapter, i.e. in the introduction, the reader is familiarised with the notion of mediation settlement agreement as a mere private agreement, which is not directly enforceable in most of the jurisdictions. In the second chapter, the thesis deals with different methods of making the mediation settlement agreement enforceable in Czech, Slovak and marginally also in Austrian legal system. There are basically three means of conversion of mediation settlement agreement in all three legal systems. First, it is possible to have the agreement approved by a state court in the form of court settlement. Second possibility is to have an arbitral award on agreed terms issued. However it is not clear, whether it is possible to start arbitral proceedings only for the sake of having an enforcement title if the parties have already settled. Third option is to get a notarial deed with permission to enforcement issued. In the third chapter, the thesis concerns with the enforcement of foreign mediation settlement agreements, which are enforceable in another state...
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