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Enforcement and Recognition of Foreign Arbitral Awards
Větrovská, Karolína ; Bříza, Petr (advisor) ; Zavadilová, Marta (referee)
Enforcement and Recognition of Foreign Arbitral Awards Abstract This thesis focuses on the issue of recognition and enforcement of foreign arbitral awards. The aim of the thesis is in particular the analysis of sources of law related to the recognition and enforcement of foreign arbitral awards and the related issue of denial of recognition and enforcement of foreign arbitral awards, in particular the NY Convention and the Private International Law Act. The author of the thesis uses mainly the comparative method and the descriptive method in order to achieve her objective. The thesis is divided into five chapters. In the introduction, the author of the thesis introduces the reader to the issues, methodology and systematics of this thesis. Within the next chapter, the author of the thesis introduces the reader to the terminology of arbitration, introduces the concepts of arbitration and the basic attributes of arbitration. Subsequently, the author of the thesis describes the institutes of recognition and enforcement of foreign arbitral awards, explains the different approaches of different sources of law, as well as the approaches of some states. The conclusion of the thesis provides the reader with answers to the research questions. The research questions, i.e. "is the domestic approach to the recognition...
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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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Sanction mechanism in sport
Nováková, Zuzana ; Slepička, Petr (advisor) ; Bednář, Miloš (referee)
Title: Sanction mechanism in sport Objectives: The aim of the thesis is to analyse the sanction mechanisms applied in sports, their mutual relationship, the extent of autonomy of sport on the law, the answer to the question whether this condition is satisfactory and give suggestions to solve the alleged deficiencies. Methods: In this thesis are used a method of analysis, comparative analysis, and a method of synthesis Results: Have been found certain deficiencies in the procedural treatment of disciplinary and arbitration in the framework of the Sports Club, which have their origin in perhaps excessive Federal autonomy, this area would undoubtedly benefit from a higher rate of interference of the State, or at least harmonisation through the top sports institution Keywords: sports rules, disciplinary proceedings, arbitration proceedings, the Court of arbitration for sport, the Arbitration Commission of the Czech Olympic Committee
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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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Invalidity of Arbitration Clauses - Development of Case Law and Practikal Implications
Číhal, Jan ; Pohl, Tomáš (referee)
This diploma thesis mostly analyses case law, concerning invalidity of arbitration clauses. The thesis analyses how the courts have been dealing with key arbitration issues which arose in recent years. The diploma thesis defines common reasons for arbitration clauses' invalidity and points out the current case law's conclusions. The thesis also stresses the implications of arbitration clause's invalidity on enforcement and insolvency proceedings and points out problematical aspects of the current case law.
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Sports Arbitration
Vochoska Haindlová, Markéta ; Kohout, David (advisor) ; Ondřejek, Pavel (referee)
Sports arbitration Abstract In this thesis, I address international sports arbitration and its application to solving a variety of legal issues. Simultaneously, I describe significant issues related to doping and performance enhancing substance abuse. I provide thorough analyses of individual international arbitration bodies; their governance over athletic environment, and appeal and dispute resolution procedures. This thesis points out selected organizational and procedural issues of international arbitration and its bodies and suggests possible solutions. I use a number of significant and notable arbitration cases (including legal case of a client I personally represented in front of the Court of Arbitration for Sport) to support argument. Keywords: sports law, arbitration proceedings, International Court of Arbitration for Sport, strict liability, doping
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Invalidity of Arbitration Clauses - Development of Case Law and Practikal Implications
Číhal, Jan ; Pohl, Tomáš (referee)
This diploma thesis mostly analyses case law, concerning invalidity of arbitration clauses. The thesis analyses how the courts have been dealing with key arbitration issues which arose in recent years. The diploma thesis defines common reasons for arbitration clauses' invalidity and points out the current case law's conclusions. The thesis also stresses the implications of arbitration clause's invalidity on enforcement and insolvency proceedings and points out problematical aspects of the current case law.
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Case law influence on Czech national and international arbitration proceedings
Sedloňová, Věra ; Růžička, Květoslav (advisor) ; Müller, Milan (referee) ; Poláček, Bohumil (referee)
Case law influence on Czech national and international arbitration Proceedings Abstract Arbitration proceedings represent, besides civil judicial procedures, one of the methods for solution of material disputes in private-law relations. Arbitration proceedings have been used for quite a long time. In our territory they were used already under the rule of Charles IV. For example, Jakub Krčín and Štěpánek Netolický, who were well-known artificial lake engineers, belonged among highly appreciated arbitrators. Significant development of arbitration proceedings was registered after 1949, when the Steady Arbitration Court was established at the Czechoslovak Chamber of Commerce in May 1949 and exists up to now under the name "Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic". Legal regulation of arbitration proceedings was undergoing various changes. A principal change occurred in 1964, when the Act no. 98/1963 Coll., on arbitration proceedings in international trade and on enforcement of arbitration awards entered into force, admitting arbitration proceedings only in international trade relations and only for legal entities, at that time foreign trade enterprises. Another principal change then occurred as at 1 January 2015, the effective date of the...
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Arbitration proceedings in the Czech Republic
Suchý, Jan ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The topic of this thesis is arbitration proceedings in the Czech Republic, which is nowadays the most significant alternative to the civil court proceedings. This thesis aims to give a summary of every fundamental institute of arbitration proceedings, with its detailed characteristics, including the comprehensive description of contemporary legislation. This thesis is divided into ten chapters, where the author describes individual institutes of arbitration proceedings in detail. The first chapter especially deals with the clarification of the concept of arbitration proceedings and presents its advantages and disadvantages. In this chapter the basic theoretical standpoints concerning the arbitration proceedings are described. In the next chapter the author deals with the issue of arbitrability in arbitration proceedings. Chapters three and four are focused on a description of various types of arbitration agreements including their content and cases where the agreements are void. Within these chapters requirements of the person of arbitrator including arbitrator's appointment are described. The following two chapters comprise a comprehensive description of contemporary legislation of arbitration proceedings, including characteristic procedural institutes. These chapters are also focused on any and...
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