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Dispute Resolution in Construction Projects according to FIDIC Contract Forms
Štolba, Petr ; Klee, Lukáš (advisor) ; Horáček, Tomáš (referee)
and Keywords Dispute Resolution in Construction Projects According to FIDIC Contract Forms The aim of this work is to provide an overview and analysis of individual dispute resolution mechanisms offered by FIDIC contract models. There have always been disputes in the construction industry, and it is certain that there will be disputes also in the future. These disputes often have their origins in poorly drafted contracts or in a lack of respect for the contracts as they exist. If a dispute arises, it must be resolved quickly and at minimal cost. Therefore, it is necessary that contracts contain an effective tool for dispute resolution. The FIDIC models contain this tool as an elaborate multi-stage dispute resolution system, which is presented in the context of Czech law and legal theory in four parts of this work. The first part contains a general introduction to the issue of the construction project, the world of FIDIC, and the introduction of individual models of FIDIC contracts. In the Czech Republic, the most frequently used FIDIC contract models for the adjustment of the relationship between the client and the contractor are the models from the 1999 rainbow suite; therefore the work emphasizes the introduction of their internal organization and individual instances in dispute resolution. The...
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Dispute resolution with an international element within the area of sports law
Kořínková, Markéta ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
RESUMÉ Title of the thesis: "Dispute resolution with an international element within the area of sports law". The aim of the thesis is to outline the systém of the dispute resolution reflecting sport specifics, especially the autonomy of sport bodies. The autonomy allows sport federations to establish decision-making bodies deciding upon the rights and duties of their members. In the first chapter of the thesis I discuss the proceedings before the decision-making bodies of the international sport federations. These bodies decide especially on disciplinary matters. As appeal bodies they deal with challenged decisions of the lower organizational level authorities. They also exercise jurisdiction in all matters entrusted according to the statute or other regulations while applying especially regulations of the relevant sport federation. I discuss the compliance of the principle of the fair proceedings and the issue of the binding force of a decision. The decision of sport bodies can be challenged only after the exhaustion of the remedies within the relevant sport federation in the proceedings before an ordinary court or arbitral tribunal if an arbitral agreement have been concluded. The judicial review is examined in the second chapter of my thesis. I deal with the admissibility of the judicial review of the...
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International mediation as a tool for ethnic conflict resolution in Africa
Láníková, Hana ; Tymofeyeva, Alla (advisor) ; Faix, Martin (referee)
This diploma thesis deals with mediation as an instrument for ethnic conflict resolution in Africa. The author determined the feasibility and effectiveness of mediation as a tool for solving the ethnic conflict in Africa as the research topic of this thesis. The aim of the diploma thesis is to provide an evaluation of the current international legal regulation of mediation, of its sufficiency and integrity. Furthermore, the author aims to provide a comprehensive and complex view of the use of mediation in ethnic conflict resolution in Africa through an interdisciplinary analysis of the academic literature, both from Czech and foreign sources. The author sees her personal contribution by writing this thesis in the fact that in the Czech Republic the issue of mediation as a tool for ethnic conflict resolution has not been systematically researched yet. This diploma thesis is divided into four chapters, which are further subdivided into subchapters. The introductory chapter of this thesis describes a theoretical introduction to the issue of ethnicity and its legal regulation. Furthermore, the author deals with the origins of ethnic conflicts. The second chapter deals with the legal framework for international settlement of conflicts. This chapter also discusses in detail the various possible ways of...
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Dispute Resolution in the International Sports Law
Vybíral, Petr ; Růžička, Květoslav (advisor) ; Ondřej, Jan (referee) ; Kunz, Oto (referee)
The subject of this dissertation thesis is dispute resolution in the international sports law. A crucial is to focus primarily on resolution of disputes through international arbitration and its preceding internal dispute resolution mechanisms within sports organizations. First of all it is necessary to provide a definition of sports disputes with an international element. After that it is necessary to deal with internal mechanisms for resolving sports disputes, which are closely linked to the issue of law on associations. With regard to the location of the seat of most major international sports organizations in Switzerland and with regard to the country of origin of this dissertation thesis the subject matter is viewed especially through the lens of the Swiss and the Czech law. Crucial role in resolving of disputes in international sport plays a Swiss Court of Arbitration for Sport in Lausanne, which corresponds to an extent of this part of thesis. Finally, it also should not be omitted judicial and alternative resolution of disputes in sport, although in practice it does not reach significance of internal and arbitrational resolution of disputes. To enliven the thesis, the final chapter is devoted to resolving of disputes during the last two Olympics.
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Resolving investment disputes from the perspective of case-law of international arbitration courts
Heřmánková, Gabriela ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
1 Resolving investment disputes from the perspective of case- law of international arbitration courts The purpose of my thesis is to analyse actual questions of international investment dispute resolution. In this research I would like to stress the differences between the institutional investment arbitration and the ad hoc investment arbitration while focusing on the ICSID Arbitration according to The Convention on the Settlement of Investment Disputes between States and Nationals of Other States followed by the Rules of Procedure for Arbitration proceedings and on the ad hoc arbitration according to the 1976 - UNCITRAL Arbitration Rules, as these two proceedings represent the most common modes of international investment dispute resolution. All my findings are going to be supported by relevant case-law of individual arbitration courts or by specialized publications. The thesis consists of three chapters. Chapter One is introductory. It contains a simple analysis of what an international investment dispute means. This introduction is followed by a brief description of the history of international investment dispute resolution and of the modes of an international investment dispute resolution. The findings of this chapter are based on the comparison of provisions of the bilateral investment treaties...
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Decision of the World Trade Organisation: Questions of Interpretation and the Influence on International Trade Practice
Soukupová Ivančíková, Jitka ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee) ; Švarc, Zbyněk (referee)
The World Trade Organization ("WTO") and its dispute resolution systém is unique in the international economic law, reasons are following: (i) enforcement, (ii) two-level proceding, (iii) exclusive jurisdiction of the Dispute Settlement Body ("DSU"). DSU continues to follow the case law based on GATT 1947 however develops more complex rule of law. How successful DSB is in this task is subject of examination of the thesis. Thesis is divided into two parts: theoritecal and practical. First chapter explains aim of the DSU, comparison of procedural rules with GATT 1947. Following, the second chapter explains the hard law and procedural rules, function and aim of WTO, followed by ideas for improvement of the dispute settlement. Last chapter of this parts is dedicated to methods of interpretation. The second part, practical, analyses the case law of DSU from its establishment in 1995 until now. It analyses possible conflicts between agreements of WTO or conflicts that arise during acting based on the agreements. Among the first cases belong the discrepancies between main 3 agreements - GATT 1994, GATS and TRIPS and cases such as Canada - Periodicals or Argentina- Textiles and Apparel, Indonesia - Auto; another group of cases represents isme of conflict between WTO agreement and other agreement of public...
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International dispute resolution in sports
Hruška, Jakub ; Balaš, Vladimír (advisor) ; Kuklík, Jan (referee)
International dispute resolution in sports Key words: international sports law, dispute resolution, CAS Abstract The purpose of this thesis is to analyze the mechanisms of dispute resolution in sports. After the introductory first chapter which deals with definitions of basic concepts such as sport in general or sports law, the thesis focuses on international aspects of sports law. The second chapter is concerned with essential issues of international sports law, particularly with the legitimacy of nongovernmental sports federations in the realm of the international legal order, nature of sports regulations, subjects of international sports law and the most important international legal documents. The third chapter describes the structure of international sports federations on the example of the International Olympic Committee (IOC). Special attention is dedicated to the discussion of international legal personality of the IOC and also to the character of the Olympic Charter, which is a crucial international document in the area of sports. The next three chapters examine one of the most important segments of international sports law - dispute resolution. Firstly, a domestic level of dispute resolution is addressed. This passage also contains the analysis of state courts' interventions into the practice and...
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Dispute resolution with an international element within the area of sports law
Kořínková, Markéta ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
RESUMÉ Title of the thesis: "Dispute resolution with an international element within the area of sports law". The aim of the thesis is to outline the systém of the dispute resolution reflecting sport specifics, especially the autonomy of sport bodies. The autonomy allows sport federations to establish decision-making bodies deciding upon the rights and duties of their members. In the first chapter of the thesis I discuss the proceedings before the decision-making bodies of the international sport federations. These bodies decide especially on disciplinary matters. As appeal bodies they deal with challenged decisions of the lower organizational level authorities. They also exercise jurisdiction in all matters entrusted according to the statute or other regulations while applying especially regulations of the relevant sport federation. I discuss the compliance of the principle of the fair proceedings and the issue of the binding force of a decision. The decision of sport bodies can be challenged only after the exhaustion of the remedies within the relevant sport federation in the proceedings before an ordinary court or arbitral tribunal if an arbitral agreement have been concluded. The judicial review is examined in the second chapter of my thesis. I deal with the admissibility of the judicial review of the...
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Economic Analysis of Judicial Activity
Zabranská, Monika ; Kühn, Zdeněk (advisor) ; Munzi, Tomáš (referee)
The thesis deals with the problem of the monopoly structure of the modern justice system and the heavy regulation of most fields of dispute resolution. In this system, judges themselves comprise a self-interested group seeking relaxed regulation and increased rights from the government. The thesis describes inefficiencies and dangers stemming from the lack of market control of the modern justice system and suggests an alternative in the form of a private justice system. The purpose of this paper is to examine both the problem of successful implementation of competition into the current justice system, while describing various models as to how the private justice system could function without state control, with examples from history. This paper further examines the economic differences between private and public justice systems in terms of incentives, efficiency, the process of law creation, speed, and consumers' satisfaction, as well as the conditions under which different systems work best. The main conclusion of this paper is that society should allow all subjects desirous of opportunities to provide goods and services through new enterprises, even in areas currently the exclusive domain of the state, as doing so brings an increase in quality, speed of solution/service, and innovation.
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