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Arbitration proceedings in the Czech Republic
Kudrhaltová, Irena ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The topic of this thesis is arbitration proceedings in the Czech Republic. In the introductory chapter arbitration is generally described, with definition of its characteristics in comparison with the ADR methods and regular court proceedings. Four basic theoretical standpoints concerning the arbitration proceedings are introduced. Arbitration is divided into general and specific arbitration as well as institutional and ad hoc. In the second chapter the issue of arbitrability is described- specifically the conditions of its formation. The third chapter focuses on the arbitration agreement, beginning from the inception, including its content and ending with cases when the agreement is void. Arbitrator, including requirements concerning the person, such as confidentiality, independence, and impartiality, is contained in the fourth chapter. It also includes arbitrator's appointment and remuneration. The fifth chapter deals with the arbitration proceedings in concreto. Basic principles governing the arbitration are outlined, following with initiation of legal action including further motions and evidence. The sixth chapter is aimed at arbitration decision and its specific forms: the arbitration award and the resolution. A possibility of settlement approved by an arbitrator or a permanent arbitration...
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Arbitration proceedings in the Czech Republic
Musil, Ondřej ; Smolík, Petr (advisor) ; Zoulík, František (referee)
The aim of this thesis called Arbitration Procedure in the Czech Republic is to characterize Arbitration in the Czech Republic, describe individual aspects of Czech Arbitration and outline highly discussed issues of recent months. This thesis called Arbitration Procedure in the Czech Republic is composed of nine chapters excluding the introduction and conclusion. Each of these chapters deals with different aspect of Arbitration Procedure. The first chapter contains definition of Arbitration Procedure, types of Arbitration, doctrines of Arbitration and enumeration of advantages and disadvantages of Arbitration Procedure. The second chapter summarizes the most important sources of law relating to Arbitration. Chapter 3 deals with one of the most important concepts of Arbitration, which is Arbitrability. Arbitrability is a characteristic of disputes that can be heard before Arbitrators or Arbitral Institutions. Positive and negative conditions of Arbitrability are described in this chapter as well. The fourth chapter focuses on Arbitration Agreement. Its definition and types are included in this chapter and it is also concerned with nature, content and the requirements of the Arbitration Agreement. T The fifth chapter concentrates on Arbitrators. It deals among other with conditions that Arbitrators...
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Arbitration proceedings in the Czech Republic
Šolín, Karel ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The theme of this thesis is the arbitration proceedings in the Czech Republic, which is one of the alternative disputes resolutions. The goal of this thesis is to provide a complete summary of legal regulation of the arbitration proceedings. The thesis is divided into eight chapters. The first three chapters deal with general issues of the arbitration proceedings. The first chapter which is further subdivided into six subchapters is focused on the basic definition of the arbitration proceedings, its theoretical concepts, its advantages and disadvantages, as well as its different types. The second chapter provides a summary mainly of national legal regulation. Chapter three explains the objective conditions under which a certain range of disputes can be heard and decided in the arbitration proceedings, including some specific examples. Chapter four is concerned with the arbitration agreement which is the major institute and the basis condition of the arbitration proceedings. This chapter is subdivided into three subchapters dealing with for example the different types of arbitration agreements, their mandatory requirements and also their invalidity and termination. In a separate subchapter author discusses the arbitration agreement for resolving disputes arising from consumer contracts. Chapter...
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Arbitration proceedings in the Czech Republic
Hromadová, Andrea ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The purpose of this thesis is to provide a complex description of the conduct of the arbitration proceedings in the Czech Republic. Specifically with the focus on typical features that differ arbitration from proceedings before courts, and on special types of proceedings. Arbitration can be characterized as one of the ways to settle a dispute, that arises between two or more parties. Common way of resolving a dispute is by reffering it to a state court, who will issue a judgment that is binding upon the parties and can be enforced. In certain areas of private relationships, the state offers the parties the opportunity to submit their dispute to a private body, whose decision they agree to respect as if it was a decision of a general court. These types of dispute resolution can be characterized as alternatives to the classical way of resolution by the courts (alternative dispute resolution or ADR). Arbitration proceedings in the Czech republic are conducted in accordance with the Act No. 216/1994 Coll., on Arbitration Procedure and the Enforcement of Arbitration Awards, as amended (Arbitration Act). Since its adoption, there have been some amendments of this Arbitration Act, in order to reflect modern trends in the conduct of the proceedings as well as to correct its weaknesses, established by judgments of...
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Consumer Arbitration in the Czech Republic and in the European Context
Musil, Ondřej ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Presented thesis called Consumer Arbitration in the Czech Republic and in the European Context deals with, as the title indicates, Arbitration in the disputes emerging from consumer contracts not only in the Czech Republic, but also in the legislation of the European Union, in the practice of the European Court of Justice and in addition it introduces for comparative purposes legislation of three selected European countries - Germany, Austria and Sweden. This thesis deals with the development of the Arbitration in the Czech Republic especially with regard to Consumer Protection. Major bolster of the position of the Consumer happened on the grounds of Act (Amendment) No. 19/2012 Coll., which brought some significant changes in this area. In order to keep this thesis coherent, the author describes all aspects of Arbitration, which are subject of the Arbitration, Arbitrability, Arbitration Agreements, Arbitrators, course of the Arbitration, Arbitration Awards, Enforcement of Arbitration Awards and their reversal by the state courts. This thesis also deals with the influence of the legislation of the European Union and devotes space to several European regulations, especially to the essential one - Directive 93/13/ECC on unfair terms in consumer contacts. Thesis also describes the most significant...
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Arbitration in the Czech Republic
Grivalská, Andrea ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Resumé The theme of this thesis is Arbitration in the Czech Republic. I focus on the current regulation contained in the Act No. 216/1994 Coll., on arbitration and enforcement of arbitral awards. Arbitration is one of alternative dispute resolutions for and for which is typical extrajudicial proceeding with exclusion of the judicial authority. However is the subject of this thesis extensive and not all aspect of arbitration can be embraced; my goal is to try to give a complete look into arbitrations, which has become more often used method of resolution of property disputes. This thesis is divided into twelve main chapters, which are then systematically subdivided. The first chapter of these theses will try to define a term, types and a concept of arbitration in the Czech Republic with regard to the theoretical (contractual, jurisdictional, mixed and autonomous) doctrines. The second main chapter is dedicated to arbitrational agreement. I try to recognize two basic types of it, arbitration clause which is closed in the cases of any disputes from legal relationship between parties arising in the future and post- dispute arbitration agreement, which is, on the other hand, closed about disputes which have already arisen. Then I focus on the fundamental terms of the arbitration agreement, form of arbitration...
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Arbitration
Čeladník, Filip ; Winterová, Alena (advisor) ; Růžička, Květoslav (referee) ; Poláček, Bohumil (referee)
1 The purpose of this thesis is to discuss the main aspects of the Czech legal regulation of the arbitration proceeding under the view of the particular Western European national and international legal orders. By doing so, the author strives for critical review of the arbitration proceeding as per the Czech legal order under the worldwide perspectives and with the prism of modern Western European and world legal theory of the arbitration proceeding. The intention of such research is to determine if the contemporary Czech legal regulation of the arbitration proceeding is in conformity with the modern theory and practice of the arbitration proceeding. This thesis also aims to answer a question whether the Czech courts shall have the right to review the application of law by the arbitrators. The author is seeking to answer this question by comparing the the Czech, or rather Continental system of law with the law of England and Wales.
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Prorogation and arbitration clauses in international trade
Rubicková, Michaela ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
The thesis is dealing with prorogation and arbitration clauses in international trade, focusing on Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis) and on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. In particular, the thesis aims to describe the procedure of valid negotiation and the formation of clauses, including the analysis of possible interpretation issues. The common objective of the prorogation clauses as a choice of court agreements and arbitration clauses, is to determine who and where should have the jurisdiction to resolve any dispute arising between the parties and to reinforce their legal certainty. The outcome of the work is therefore to verify the hypothesis that the conclusion of such clauses really strengthens the legal certainty of the parties. Regarding the prorogation clauses, the theoretical level is supplemented by a practical insight into the whole issue in the form of an analysis of the Court of Justice of the European Union case law. Regarding arbitration clauses, the aim is to provide a certain international overview, to outline generally applicable principles and to point...
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Arbitration agreement and its types
Divišová, Magdaléna ; Brodec, Jan (referee)
ROZHODČÍ SMLOUVA A JEJÍ DRUHY 5 Abstract This thesis focuses on the types of arbitration agreements in international commercial arbitration. The thesis is firstly concerned with the substantive validity of arbitration agreements, their evaluation and interpretation. Subsequently, it addresses selected types focusing on asymmetrical arbitration agreements. The aim is to analyse the treatment of asymmetrical arbitration agreements in international practice and the cause of potential nonuniform approach. The thesis evaluates if the treatment is consistent with the principle of good faith and the principle of effective interpretation.
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The competence of arbitrators for deciding property disputes (from the perspective of their independence and impartiality)
Ryšavý, Lukáš ; Pohl, Tomáš (referee)
The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...
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