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UNCITRAL arbitration rules and their application in practice
Vlasova, Olga ; Růžička, Květoslav (advisor) ; Zavadilová, Marta (referee)
UNCITRAL Arbitration Rules and their application in practice Abstract This thesis investigates the UNCITRAL Arbitration Rules and their application in practice. The aim of the thesis is to analyze the extent of the application of UNCITRAL Arbitration Rules and other UNCITRAL rules in the current climate of the development of international trade, the growth of international economic relations and, as a result, the enhancement of integration processes. Legal-analytical, legal- comparative and legal-descriptive methodology is used to address the aforementioned research question. The thesis is divided into two parts. In the first part, the reader is acquainted with the general concept of international arbitration, the arbitration agreement as the basis of arbitration, arbitrability and, last but not least, the difference between ad hoc and institutional arbitration. In the second part, the author covers the UNCITRAL Commission and its role in private international law, investigates the legal aspects of the UNCITRAL Arbitration Rules and their most recent revision in 2010 and their practical implementation in modern conditions of international trade under the current impact of economic sanctions. In conclusion, the author draws up specific statements, that further development of the UNCITRAL Arbitration Rules...
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Mandatory rules in the international commercial relations
Kolářová, Anna Anežka ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The aim of the thesis is to define the cathegory of peremptory rules in private international law and to describe their specific use in the commercial domain compared to business to consumer contractual relations. The reason for my research was my concern for the conflict between the formal possibility to conclude a contract and the actual enforceability of the contractual claims before a court or before alternative dispute resolution bodies in the domain of private international law. A major part of the thesis uses an analytical approach and a grammatical, teleological and logical interpretation of the mentioned legal instruments. The final part is grounded on the legal comparation of several laws across different countries and thus demonstrating how different approaches to peremtory rules may influence the actual interpetation of various legal relations and the contractual liberty in general. The thesis is composed of four chapters and a conclusion. To begin with, the first chapter focuses on the peremptory rules in international commercial relations as a whole. It aims to define the core notion of the peremptory rules. It also reals with a personal and material scope of the thesis - the particularities of commercial relations. Furthermore, the second chapter examines the application of the...
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Security for Costs in International Arbitration
Trchalíková, Pavlína ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
This diploma thesis is about the instrument of security for costs in international arbitration and the purpose it serves, for which it aims at answering two essential questions. The first issue the thesis focuses on is determination of circumstances that may lead arbitrators to the conclusion that they have power to order a claimant to post security for costs. The second task of this thesis is to analyse under what conditions it is justified for the arbitrators to use the power and issue such an order. The thesis compares and construes arbitration laws and rules of procedure which are significant for the scrutinized issues or diversifies possible conclusions. The thesis also relies on interpretation embraced by various arbitral bodies and tribunals and is inspired by approaches adopted by the international community. Eventually, the research shows that there is an overwhelming consensus in both international arbitration practice and doctrine with regard to the powers of arbitrators to issue an order for security for costs. Generally, arbitrators are entrusted with such powers and where doubted, they may draw the powers from the applicable laws or the status of the arbitral body itself by means of interpretation. On the other hand, the analysis indicates that there is no unanimity regarding...
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Institutional arbitration procedure
Zoubková, Kateřina ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
- Institutional Arbitration Arbitration in its today's dimension is a phenomenon that represents an alternative system to a state organized litigation. Arbitration is way of settling disputes among subjects in various fields of economic activities. There is commercial arbitration which is the most spread and used in the world, sport arbitration, mixed arbitration and others. This thesis, also due to the fact that it has been assigned by The Department of Commercial law - International Private Law, is devoted to international commercial arbitration. Arbitration is a private system of litigation in which private neutrals are called by parties to resolve their dispute. Arbitration held by individual neutrals chosen particularly for determinate cause is called ad hoc arbitration. In response to a stabilization of arbitration procedure, the arbitration institutions were established to provide arbitrational services and other dispute resolution services. Arbitration administrated by such institutions is in theory called institutional arbitrational, which is the subject of present work. The thesis is deemed to report on actual arbitrational and other dispute resolution services offered by major world institutions. These services include the arbitration proceedings itself which is the most important and...
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Legal Regulation of International Arbitration Procedure in the Czech Republic and Argentina
Milerová, Sylvie ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
Legal Regulation of International Arbitration Procedure in the Czech Republic and Argentina The purpose of my thesis is to describe the legal regulations of international arbitration in the Czech Republic and Argentina, find the differences between them and draw appropriate conclusions. The thesis begins with an introduction, where I outline the reasons why I chose this topic, the method used and the outcome that I plan to reach. Following the introduction, the thesis is divided into six chapters. The first chapter provides the reader with a general overview of basic concepts of arbitration. The chapter begins with an attempt to define what arbitration is by putting it in a historical context and then placing it within (or beyond) the scope of alternative dispute resolution. Next, the four main theoretical concepts, which are crucial for the understanding of arbitration, are outlined. The last part of the chapter contains the advantages and disadvantages of arbitration, which explain the popularity of (international) arbitration. The next chapter deals with the legal regulation of international arbitration in the Czech Republic. It opens with a brief description of development of arbitration throughout Czech history and then is divided into sub-chapters dealing with specific elements of...
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International arbitration judiciary
Rajdová, Denisa ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
This thesis presents a concise definition of arbitration as a method of dispute resolution, in particular in international commercial trade. In its seven chapters it contains a brief introduction to the history of international arbitration, its definition as opposed to other forms of alternative dispute resolution or the judiciary, an outline of the progress of operations from before the start of the procedure up until the end of it, and also a consideration of the advantages and disadvantages of arbitration. The first chapter of this thesis deals with the general characteristics of alternative dispute resolution. Disputes shall be defined by their relationship to arbitration, and a brief characterization of the different types of ADR such as mediation, conciliation, mini-trial, etc. will be included. It also outlines the development of arbitration proceedings, in particular in our country. The second chapter includes an introduction to the subject of arbitration. It contains the definition of the concept of international justice, in the context of fundamental theoretical doctrines which define the legal nature of the Institute and the Czech Constitutional Court and the case-law of the Court of Justice of the European Union. Finally, this chapter addresses the categories into which arbitration is...
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Arbitration procedure in international business transactions
Karfilát, Jakub ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
The purpose of the diploma thesis is to summarize the most important and basic attributes of arbitration in international business transactions. Further, the thesis assesses the biggest pros and cons of the arbitration. Emphasis is placed on opinions of economical entities as users of the arbitration to settle their mutual disputes. The first chapter aims on definition of three basic terms including the arbitration as the corner stone of the whole topic, then the meaning of international and definition of business relations. The two latter terms distinguish the respective category of arbitration from other categories such as arbitration in consumers or labour relations or arbitration conducted between states and individuals arising from investments. The second chapter enumerates the most important sources of law governing the arbitration. The thesis aims on both material and formal sources. Reasons for creation and historical development of arbitration are shortly outlined as material sources. The part concerning with the formal sources refers mainly to international sources with accent on New York Convention and UNCITRAL Model Law on International Arbitration. From the national sources the main focus is placed on Czech legislation. Procedural rules of permanent arbitration institutions and their...
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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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Evidence in International Arbitration
Purket, Daniel ; Bříza, Petr (referee)
DOKAZOVÁNÍ V MEZINÁRODNÍM ROZHODČÍM ŘÍZENÍ 5 Abstract This thesis deals with evidence in International Arbitration. The introductory part of the thesis includes an analysis of the rules of evidence in the Czech Republic, Germany and England. The following is a comparison with a list of identities and differences. The second part contains analysis of the provisions of the IBA Rules on the Taking of Evidence in International Arbitration. The aim of the thesis is to evaluate whether IBA Rules on the Taking of Evidence in International Arbitration mitigate conflicts that arise from different rules of evidence in common law and civil law.
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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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