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Creation of Small Company
Teršl, Michal ; Kostelník, Milan (referee) ; Koráb, Vojtěch (advisor)
The content of my diploma thesis is to develop necessary steps to set up a business. The first part describes the theoretical background, which primarily focuses on the characteristics of individual analyzes, including model CANVAS. The second part focuses on analysis of the market in which will the business operate, followed by characteristics of external environment and then I try to capture the principle of offered product, which is the subject of future business venture. In the design part of my work, I approach variable solutions of individual business models that are closely linked with the results of the SWOT matrix analysis. In the next section,i perform a comprehensive evaluation of the various options based on the principle BSC and at the end of the practical part I design the necessary steps to set up a business that uses the resulting business model.
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Status of an expert in international commercial arbitration
Valášek, Matouš ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
Status of an expert in international commercial arbitration Abstract This thesis focuses on the role and the status of experts in international commercial arbitration, specifically on the issue of their independence and impartiality. Expert evidence might have a significant impact on the outcomes of the arbitration. The importance of the expert evidence in international arbitration is thus considerable. Moreover, the importance of the expert evidence in international commercial arbitration is stressed out by the disputes dealt with in the international arbitration. The disputes in international commercial arbitration commonly relate to highly technical issues. The complexity of the issues enhances the role and status of experts. Nevertheless, the regulatory framework of international commercial arbitration is not usually focusing much on the issue of independence and impartiality of experts. The first part of the thesis describes the international commercial arbitration in general and principles governing it. Then it describes the issue of independence and impartiality in international commercial arbitration. Subsequently it deals with role and status, significance, and division of the expert evidence on experts appointed by the arbitrational tribunal and experts appointed by the parties. Author puts...
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Arbitration procedure in the Czech Republic with an emphasis on the issue of so-called arbitration centers
Jenerál, Jaroslav ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The aim of this thesis is to clarify the judicial institute of Arbitration procedure in the Czech legal system, its theoretical background, the legal requirements for action, progress of procedure and the interference of general courts in arbitration procedure. Main attention of this thesis is focused on the recent issue of the so-called arbitration centers. The legality of arbitration centers, existence and legality of their actions in practice (with emphasis on recent court case) are deeply examined. By the end the propriety of a new legislation dealing with arbitration procedure is analyzed.
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Transparency of proceedings in international arbitration
Poliaková, Lucia ; Balaš, Vladimír (advisor) ; Horáček, Vít (referee)
1 Transparency of proceedings in international arbitration Summary The purpose of my thesis is to explore the concept of transparency in international arbitration. There are different types of international arbitration, characterized by different participants and naturally distinct aspects of procedure. One of these aspects is, according to my opinion, the said transparency of the proceedings. For the purposes of this thesis, I have decided to analyze the position of transparency in two major areas, namely in investment arbitration and in commercial arbitration, respectively. As the concept of transparency in international arbitration is only recently developing, there is much to be resolved. Thus, the state of the affairs with respect to the subject matter of this thesis is ambiguous and misty. The aim of my research is to describe the position of transparency in two basic types of arbitration and identify the reasons for different trends in this respect. The thesis is composed of an Introduction, four basic chapters and a Conclusion. Chapters are divided into subchapters and parts, respectively. The Introduction presents the topic, defines relevant terminology and sets out the aim of my thesis. Chapter One deals with the confidentiality of arbitration which is clearly opposite concept than that of the...
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Right to fair trial: a comparison of selected arbitration and human rights case law
Hlaváčová, Anna ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
The right to due process is an important part of both civil and arbitration proceedings. However, this basic right is protected in different ways and even the mechanisms for checking whether the process adhered to the due process rules are different. For standard civil proceedings in Europe, European Court for Human rights is the final body which decides whether the rules on due process were adhered to. Commercial arbitration does not have a mechanism for checking whether the proceedings were justly carried within itself, therefore it is checked within the enforcement proceedings which are in most states covered by the New York Convention. In investment arbitration, the adherence to due process will be analyzed within the annulment proceedings. The thesis "Right to Due Process: the comparison of arbitration and human rights case law" deals with the question whether the argumentation of the European Court of Human Rights in its rich case law can be used on arbitration cases where the accessibility of case law is problematic. First, the thesis looks at whether there is a standard of the protection of due process in arbitration and according to the European Court for Human Rights. This thesis further deals with the direct or indirect use of the European Charter on Human rights for arbitration. For the...
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Croatia-Slovenia Border Dispute in the Bay of Piran and Reasons of Reaction of both parties to final award of International Arbitration
Lipská, Jana ; Šlosarčík, Ivo (advisor) ; Šístek, František (referee)
This text presents progression of Slovenia-Croatia border dispute in the Bay of Piran and narrates the question of Slovenian junction to high seas. The dispute which escalated with the breakup of Yugoslavia in the early 1990s is one of many similar disputes that has the war in the Balkans caused. Therefore, the text presents the historical progression of the dispute and its solutions. However, none of those attempts of solution were successful and the dispute remained unsolved for more than twenty years until the parties finally agreed to international arbitration. The international arbitration of Permanent Court of Arbitration in Haag between 2012 - 2017 was the last attempt of solution by third party. This text reconstructs the arbitration and analysis reaction of both sides to the Final Award of the Tribunal and its process. Important part of the whole conflict as well as for this thesis is unilateral termination of Croatia from the arbitration due to the presence of wire-tapes which delivered the conversation between Slovenia's government representatives and Slovenian member of the Tribunal. The thesis presents the circumstances of those wire-tapes and reactions of both parties. The thesis contrasts the political arguments and the international law. It also answers the question why Croatia has...
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Legal status of an arbitrator
Klobouček, Eduard ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
- Legal Status of an Arbitrator Main aim of this thesis is to describe the legal status of an arbitrator in international and national arbitration. Arbitration is an alternative dispute resolution which is nowadays very frequently used and which has been established in Czech Republic by Arbitration Act. Arbitrator is the most important person in arbitration because he leads the trial and makes binding and enforceable decisions. Thesis is divided into six parts which concern about alternative dispute resolutions, about arbitration generally, historical evolution of legal status of an arbitrator in Czech Republic, current legislation, legal status of an arbitrator and permanent arbitration courts and legal status of a financial arbitrator. The merit of this thesis is to grasp main problems which arise on the field of legal status of an arbitrator and describe the approach of courts and legal experts. Paper also contains comparison with the legal system of Slovakia, Germany and the United Kingdom and incorporates the latest amendments. of Arbitration Act.
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Arbitrage on the Cryptocurrency Markets: An Analysis of Potential Opportunities
Suchánek, Vojtěch ; Fanta, Nicolas (advisor) ; Čech, František (referee)
1 Abstract Cryptocurrency markets have currently a lot of attention both from the public and researchers. This thesis connects the well-documented field of arbitrage with the relatively new bitcoin phenomenon. Thanks to the efforts of cryptocurrencies for decentralization and non-regulation, they are an ideal asset for arbitrage trading. This study tries to answer whether price differences between cryptocurrency exchanges existed during the second and third quartal of 2021 and if it was possible to perform an arbitrage trading with positive profit. It analyzes several trading strategies and ways how to execute these trades. An important part of the study is the involvement of trading fees, which play a crucial role in total profitability but are often omitted in similar research. The findings confirm that price differences existed during the analyzed period, and their values allow for profitable arbitrage trading. The best performing strategy uses stable-coin USDT as a mean of transport money between exchanges, which lowers the time of one trade and allows multiple trades during one price difference spike. This strategy was able to gain 362.60% profit over the analyzed period. On the other hand, the distribution of trades over the analyzed period shows some irregularities, which might have a negative impact...
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UNCITRAL Arbitration Rules and their application in practice
Halada, Martin ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
UNCITRAL Arbitration Rules and their application in practice UNCITRAL Arbitration Rules are a standard for ad hoc international commercial arbitration. 1976 version of UNCITRAL Arbitration Rules was replaced by extensive revision of the UNCITRAL Arbitration Rules in 2010 and in 2013 by revision implementing the Rules on Transparency in Treaty-based Investor-State Arbitration. The purpose of this thesis is to analyze individual provisions of UNCITRAL Arbitration Rules and explain them to the reader with an emphasis on their everyday use by arbitration practitioners. In the second chapter of this thesis a general introduction into the topic of international commercial arbitration, including the pros and cons of international commercial arbitration as a method of dispute resolution in international commerce is given. The third chapter begins with a description of the genesis of UNCITRAL Arbitration Rules in the context of works of the United Nations Commission on International Trade Law. The following chapters, which constitute the main body of this thesis, follow the structure of UNCITRAL Arbitration Rules and write up in detail all of its 43 Articles. The interpretation of individual provisions of UNCITRAL Arbitration Rules is in practice influenced by, among others, soft-law. This influence is...
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Croatia-Slovenia Border Dispute in the Bay of Piran and Reasons of Reaction of both parties to final award of International Arbitration
Lipská, Jana ; Šlosarčík, Ivo (advisor) ; Šístek, František (referee)
This text presents progression of Slovenia-Croatia border dispute in the Bay of Piran and narrates the question of Slovenian junction to high seas. The dispute which escalated with the breakup of Yugoslavia in the early 1990s is one of many similar disputes that has the war in the Balkans caused. Therefore, the text presents the historical progression of the dispute and its solutions. However, none of those attempts of solution were successful and the dispute remained unsolved for more than twenty years until the parties finally agreed to international arbitration. The international arbitration of Permanent Court of Arbitration in Haag between 2012 - 2017 was the last attempt of solution by third party. This text reconstructs the arbitration and analysis reaction of both sides to the Final Award of the Tribunal and its process. Important part of the whole conflict as well as for this thesis is unilateral termination of Croatia from the arbitration due to the presence of wire-tapes which delivered the conversation between Slovenia's government representatives and Slovenian member of the Tribunal. The thesis presents the circumstances of those wire-tapes and reactions of both parties. The thesis contrasts the political arguments and the international law. It also answers the question why Croatia has...
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