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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 as a means of dispute resolution in international law with regard to the recognition and enforcement of foreign arbitral awards
Petr, David ; Balaš, Vladimír (advisor) ; Macková, Alena (referee)
Arbitration proceedings as a means of dispute resolution in international law with regard to the recognition and enforcement of foreign arbitral awards Resumé Arbitration as a method of settlement of disputes settlement has enjoyed growing popularity in recent several years. Arbitration stands between other alternative means of dispute settlement and the common court trial as a alternative dispute resolution. Although negotiation, good offices, mediation, conciliation, inquiry, mini-trial, medarb or meadaloa are often used forms of the dispute settlement their awards cannot be enforced by the state authority. Those means are popular mainly in the business field where the parties are interested in the cooperation and where they aim to clear up some misunderstanding or technical problems rather than solve major disputes between them. While the dispute should be solved by the binding way the parties would choose the arbitration as a legally framed procedure. Arbitral awards are then able to be enforced and the parties also have more exact boundaries for the whole procedure. However, there is no unified definition of the arbitration, it could be described as a legal technique where the parties bring claim before one or more neutral persons (arbiters or arbitral tribunal) by whose award the parties agree to be...
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Objective arbitrability as the limit of a transnational legal order
Vítek, Michal ; Růžička, Květoslav (advisor) ; Bělohlávek, Alexander (referee) ; Frinta, Ondřej (referee)
ENGLISH ABSTRACT Objective arbitrability as a limit of the transnational legal order In general, the disertation deals with a topic of interaction between the transnational and national law in the area of international trade. Specifically, it attempts to use the concept of objective arbitrability as a limit of the privately-created system of law referred to as lex mercatoria (alternatively "new lex mercatoria"). The reason for the chosen methodology is to come up with the most objective criterion to demark the scope of the application of privately created norms. Despite the wide recognition of the NLM fenomenon among the scholars and even arbitrators, the parties of international trade contracts can not be certain whether (and to what extent) the choice of NLM will be limitating, especially in the face of later recognition and enforcement of their arbital awards. The findings of this dissertation flows from the analysis of transnational norms, decisions of both state courts and arbitration tribunals and the relevant sources of law-theory. Especially important is the description of the concept of lex mercatoria as such and the description of order public, both in national and international/european meaning as it represents the final limit of application of privately-created norms. The conclusion of the...
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Czech and foreign arbitral award
Madejová, Ivana ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
1 Abstract: Czech and foreign arbitral award The purpose of this thesis is to describe and compare the position of Czech and foreign arbitral award in the Czech legislation. The author aims to clarify whether the Czech legislation grants to foreign arbitral awards the same possibility of enforcement as it grants, if the same conditions are met, to Czech arbitral awards. This thesis should also answer whether the decision-making practice of Czech courts is not in conflict with international obligations. The thesis is divided into five parts. The first part is dedicated to general questions of arbitration. The purpose of this section is to introduce arbitration as an alternative method of dispute resolution. The author analyses the use of arbitration by describing its advantages and disadvantages. Further attention is paid to the main institutes of arbitration such as arbitrability of the dispute. The second part deals with the most important sources of law governing arbitration. For unambiguous application of sources of law, the author also deals with conflicts between different sources of law, for example in the form of a conflict of a multilateral international treaty with a bilateral international treaty on legal aid. The third part the author dedicates to the arbitral award itself. It deals with its...
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Regime for the recognition and enforcement of arbitral awards under the New York Convention
Ohnoutková, Barbora ; Balaš, Vladimír (advisor) ; Růžička, Květoslav (referee)
Regime for the recognition and enforcement of arbitral awards under the New York Convention Abstract The aim of this thesis is to introduce the issue of Article III of the New York Convention and its reception into the Czech legal system, including the stance of the Czech courts on this issue. This particular Article enables Contracting States to establish their own procedural rules stricto sensu regarding the recognition and enforcement of foreign arbitral awards to which the New York Convention applies. However, these rules shall be in compliance with the conditions laid down in the Convention, such as, in particular, the prohibition to impose substantially more onerous conditions or higher fees or charges than those imposed on domestic arbitral awards. Therefore, on the one hand, the Contracting State is given the right to define its own regime for the proceedings of the recognition and enforcement of foreign arbitral awards, but on the other hand, there are also substantial limitations, given that the rules shall not conflict with the New York Convention's provisions. The essence of this work is to evaluate the position of foreign arbitral awards, compared with the domestic one in terms of the recognition and enforcement in the Czech Republic. Regarding the structure of the thesis, the purpose of the...
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Comparative view on recognition and execution of foreign arbitral awards in the territory of the Czech Republic, the Russian Federation and the United States of America
Kobzová, Andrea ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Comparative view on recognition and execution of foreign arbitral awards in the territory of the Czech Republic, the Russian Federation and the United States of America Abstract This thesis deals with the recognition and enforcement of foreign arbitral awards in the Czech Republic, the Russian Federation and the United States of America. The aim of this work is to clarify the conceptualization within the framework of individual legal regulations with the approximation of the process of recognition and enforcement in the territory of individual states and their subsequent comparison. The work is systematically divided into seven chapters, from the concept of arbitration to the examination of individual legal regulations. In the first chapter I deal with arbitration as a prerequisite for issuing an arbitral award, especially the arbitrability of the dispute and the international nature. The international nature is also a crucial definition for this work, so it is dealt with in a separate subchapter. The second chapter deals with the arbitral award, its particulars, types, especially with the focus on the concept of foreign arbitral award, the definition of which is a key point of this work. Arbitral award or foreign arbitral award is a term whose meaning is not defined by law or other source of law,...
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Recognition and execution of foreign arbitral awards
Kobzová, Andrea ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
63 Recognition and execution of foreign arbitral awards Abstract This thesis deals with the issue of recognition and performance of foreign arbitral awards in the field of private international law. The aim of the thesis is to clarify the distinction between recognition and performance and to focus on the issue of enforceability in judicial and enforcement proceedings. The thesis is divided into four chapters describing individual elements of arbitration and recognition and enforcement of arbitral awards. In the first chapter I deal with the arbitration, which is a prerequisite for the arbitral award. The second chapter defines the arbitral award itself, its particulars, types, and the procedure for its abolition. In the third chapter I dealt with the most important sources in the field of foreign arbitral awards and the last chapter is the most comprehensive. It contains a process of recognition and execution, including denial under the New York Convention, the current issue of the decision-making practice of the Supreme court of the Czech Republic, as well as recognition and enforcement in the territory of Switzerland. At the end of the thesis the Swiss and Czech legal regulations of the arbitration proceedings are compared, the amendment of the rules of arbitration of the International Chamber of...
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Objective arbitrability as the limit of a transnational legal order
Vítek, Michal ; Růžička, Květoslav (advisor) ; Bělohlávek, Alexander (referee) ; Frinta, Ondřej (referee)
ENGLISH ABSTRACT Objective arbitrability as a limit of the transnational legal order In general, the disertation deals with a topic of interaction between the transnational and national law in the area of international trade. Specifically, it attempts to use the concept of objective arbitrability as a limit of the privately-created system of law referred to as lex mercatoria (alternatively "new lex mercatoria"). The reason for the chosen methodology is to come up with the most objective criterion to demark the scope of the application of privately created norms. Despite the wide recognition of the NLM fenomenon among the scholars and even arbitrators, the parties of international trade contracts can not be certain whether (and to what extent) the choice of NLM will be limitating, especially in the face of later recognition and enforcement of their arbital awards. The findings of this dissertation flows from the analysis of transnational norms, decisions of both state courts and arbitration tribunals and the relevant sources of law-theory. Especially important is the description of the concept of lex mercatoria as such and the description of order public, both in national and international/european meaning as it represents the final limit of application of privately-created norms. The conclusion of the...
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Arbitration proceedings as a means of dispute resolution in international law with regard to the recognition and enforcement of foreign arbitral awards
Petr, David ; Balaš, Vladimír (advisor) ; Macková, Alena (referee)
Arbitration proceedings as a means of dispute resolution in international law with regard to the recognition and enforcement of foreign arbitral awards Resumé Arbitration as a method of settlement of disputes settlement has enjoyed growing popularity in recent several years. Arbitration stands between other alternative means of dispute settlement and the common court trial as a alternative dispute resolution. Although negotiation, good offices, mediation, conciliation, inquiry, mini-trial, medarb or meadaloa are often used forms of the dispute settlement their awards cannot be enforced by the state authority. Those means are popular mainly in the business field where the parties are interested in the cooperation and where they aim to clear up some misunderstanding or technical problems rather than solve major disputes between them. While the dispute should be solved by the binding way the parties would choose the arbitration as a legally framed procedure. Arbitral awards are then able to be enforced and the parties also have more exact boundaries for the whole procedure. However, there is no unified definition of the arbitration, it could be described as a legal technique where the parties bring claim before one or more neutral persons (arbiters or arbitral tribunal) by whose award the parties agree to be...
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