|
|
Arbitration Clauses in Bilateral Investment Treaties and their (in)compatibility with EU law
Galis, Daniel ; Navrátil, Petr (advisor) ; Vondráčková, Aneta (referee)
Arbitration Clauses in Bilateral Investment Treaties and their (in)compatibility with EU law Abstract The objective of this Master's Thesis is to critically analyse the Achmea judgment and its repercussions for the compatibility of arbitration clauses in the intra-EU BITs with the EU law. In the first part, the thesis therefore focuses on the judgment itself and identifies the main legal grounds the Court relied upon and contrasts them with the relevant case-law and doctrinal opinions. Firstly, the principle of the autonomy of the EU law is introduced and the applicability of the Article 344 TFEU on the investment arbitration is discussed. Then, it is considered whether an arbitral tribunal established under an intra-EU BIT may be a tribunal within the meaning of the Article 267 TFEU and whether subsequent review of the award by national court may be sufficient to guarantee its compliance with the EU law. Particularly, the thesis focuses on the Court's distinction between the commercial and investment arbitral tribunals. The first part ends with an analysis of the principle of the mutual trust and its role in the Achmea judgment. The second part of the thesis then deals with the development after the judgment. Following a brief introduction into the political shift against the intra-EU BITs which occurred...
|
|
|
Arbitration clauses in cunsumer affairs with impact on execution proceeding
Nováková, Michaela ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Arbitration clauses in cunsumer affairs with impact on execution proceeding Abstract Arbitration is one of the forms of alternative dispute resolution. The arbitration institute is not a novice in the area of law. Its foundations can be seen from ancient times. However, today's legal regulation of arbitration can be observed since the first half of the 19th century. The essence of the arbitration procedure is to delegate the hearing and decision-making of certain disputes to the jurisdiction of the courts, to the arbitrator. The arbitrator then issues an arbitration award, which may be relied upon in the proceedings in which he was issued as an enforcement or enforceable title. In the legal order of the Czech Republic we find the primary regulation of the arbitration procedure in Act No. 216/1994 Sb. By passing this Act, the arbitration procedure was extended to national disputes. As a result of arbitration proceedings, disputes arising from consumer contracts could also be resolved. However, the method of resolving disputes between consumers and entrepreneurs has proved to be a widely used institute, even when overused and misused. The situation was so extreme that the lawmaker had to come up with a bill amendment to strengthen consumer protection in arbitration. Not only the legislative power, but also...
|
|
|
Arbitration clauses in cunsumer affairs with impact on execution proceeding
Nováková, Michaela ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Arbitration clauses in cunsumer affairs with impact on execution proceeding Abstract Arbitration is one of the forms of alternative dispute resolution. The arbitration institute is not a novice in the area of law. Its foundations can be seen from ancient times. However, today's legal regulation of arbitration can be observed since the first half of the 19th century. The essence of the arbitration procedure is to delegate the hearing and decision-making of certain disputes to the jurisdiction of the courts, to the arbitrator. The arbitrator then issues an arbitration award, which may be relied upon in the proceedings in which he was issued as an enforcement or enforceable title. In the legal order of the Czech Republic we find the primary regulation of the arbitration procedure in Act No. 216/1994 Sb. By passing this Act, the arbitration procedure was extended to national disputes. As a result of arbitration proceedings, disputes arising from consumer contracts could also be resolved. However, the method of resolving disputes between consumers and entrepreneurs has proved to be a widely used institute, even when overused and misused. The situation was so extreme that the lawmaker had to come up with a bill amendment to strengthen consumer protection in arbitration. Not only the legislative power, but also...
|
|
|
Selected issues in financial market regulations
Spozdil, Jaroslav ; Daňhel, Jaroslav (advisor) ; Kutová, Karolína (referee)
This thesis aims to provide the reader with an overview and understanding of arbitration proceedings and conclusion of arbitration agreements within the context of the Czech legal framework. Arbitration clauses in various forms are often an integral part of trade agreements but are also regularly included in consumer contracts such as loan or insurance agreements. The first part of the thesis provides a general overview of the financial market regulation which serves as the common framework allowing various legal entities to operate within the local market environment. The topic of regulation is discussed within the second section of the thesis which is structured into 4 stand-alone chapters. These chapters describe the institute of arbitration, its requisites and the various forms of arbitration agreements while also analyzing the changes of the statutory legal framework in the context of the current amendment which came into effect in April 2012. The analysis of the arbitration clauses is especially consumer-focused, searching to elaborate on questions such as what consequences can entering into an arbitration agreement have on a subject in a legal relationship, what are the obligations stemming from entering into such agreement and what are the options of withdrawing from such agreements.
|
guest ::
