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Consumer Arbitration in the Czech Republic and in the European Context
Musil, Ondřej ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Presented thesis called Consumer Arbitration in the Czech Republic and in the European Context deals with, as the title indicates, Arbitration in the disputes emerging from consumer contracts not only in the Czech Republic, but also in the legislation of the European Union, in the practice of the European Court of Justice and in addition it introduces for comparative purposes legislation of three selected European countries - Germany, Austria and Sweden. This thesis deals with the development of the Arbitration in the Czech Republic especially with regard to Consumer Protection. Major bolster of the position of the Consumer happened on the grounds of Act (Amendment) No. 19/2012 Coll., which brought some significant changes in this area. In order to keep this thesis coherent, the author describes all aspects of Arbitration, which are subject of the Arbitration, Arbitrability, Arbitration Agreements, Arbitrators, course of the Arbitration, Arbitration Awards, Enforcement of Arbitration Awards and their reversal by the state courts. This thesis also deals with the influence of the legislation of the European Union and devotes space to several European regulations, especially to the essential one - Directive 93/13/ECC on unfair terms in consumer contacts. Thesis also describes the most significant...
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Legal status of an arbitrator
Koman, Dalibor ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
RESUMÉ Legal status of an Arbitrator Arbitration especially in 20th century developed into a fully qualified alternative instead of solving property disputes by means of general Courts. It is necessary to point out that the aspects which differ it from civil process and frequently targets of polemics. Even though the development of the arbitration in the Czech Republic has been considerable in the last decade and both general Courts and Constitution Court has responded with sufficient intensity, there are still some areas of unstable arbitration. Arbitration comes with considerable amount of advantages in comparison with general Courts, but also it brings some topics which are often criticized. That is often caused by a specific point of view not regarding every aspect. In arbitration there is a possibility to influence composition of arbitrary forum, which is a typical example of problems coming from different adaptations. This adaptation is absolutely different from the one of trials, where on the contrary there is the rule of regular judge, which is warranted by exact definition of the matter, place and function. In arbitration both parties to a contract are allowed to choose an arbitrator regarding his qualification, specialization, professional skills and reputation which is an advantage for the...
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Arbitration clauses in consumer disputes
Hloušková, Lenka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of my thesis, which is named "Arbitration clauses in consumer disputes", is to confirm or rebut the hypothesis that valid pre-dispute arbitration agreement can be concluded with a consumer, and if the hypothesis is confirmed, what requirements have to be met. The text is composed of five chapters, the introduction, and the conclusion, and each of the chapters deals with different aspects of arbitration clauses in consumers' disputes. Chapter One is introductory and defines the terminology used in the thesis, such as the consumer dispute, the arbitration clause, and the protection of the consumer as the weaker party. Chapter Two concerns the admissibility of an arbitration clause for the settlement of consumer disputes. This chapter is subdivided into three parts. The first part describes the European and the American points of view of pre-dispute arbitration agreements. The second part examines the arbitration clause as an unfair term according to the Council Directive 93/13/EEC of April 5th , 1993 on unfair terms in consumer contracts and with regard to the related case law of the Court of Justice of the European Union and its implementation into the Czech legal system. This part describes the personal applicability, non-individual negotiation, non-fulfillment of the requirement of...
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Arbitration proceeding in consumer disputes in the Czech Republic and in the Slovak Republic
Poláková, Petra ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Arbitration proceeding in consumer disputes in the Czech Republic and in the Slovak Republic Abstract This rigorous thesis deals with the arbitration proceeding in consumer disputes in the Czech Republic and in the Slovak Republic. The aim of this work is to give a comprehensive view of the special nature of arbitration proceeding with a focus on the protection of consumer rights, analyze and evaluate the legislation of this area in the Czech Republic (before excluding the arbitration proceeding in consumer disputes in the Czech Republic) and the Slovak Republic. The thesis consists of an introduction, five chapters and a conclusion. The introduction is followed by the first chapter, which defines the concept and legal nature of arbitration proceeding, describes in detail its basic principles, advantages, disadvantages and types of arbitration proceeding. Furthermore, this thesis deals with the definition of consumer and entrepreneur in both countries, the concept of consumer relations, the principles and reasons leading to consumer protection in arbitration proceeding and arbitration in terms of the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Union, constitutional aspects of arbitration in The Czech Republic and the Consumer Protection Act in Act No. 89/2012 Coll.,...
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Arbitration clauses in consumer disputes
Hloušková, Lenka ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
The purpose of my thesis, which is named "Arbitration clauses in consumer disputes", is to confirm or rebut the hypothesis that valid pre-dispute arbitration agreement can be concluded with a consumer, and if the hypothesis is confirmed, what requirements have to be met. The text is composed of five chapters, the introduction, and the conclusion, and each of the chapters deals with different aspects of arbitration clauses in consumers' disputes. Chapter One is introductory and defines the terminology used in the thesis, such as the consumer dispute, the arbitration clause, and the protection of the consumer as the weaker party. Chapter Two concerns the admissibility of an arbitration clause for the settlement of consumer disputes. This chapter is subdivided into three parts. The first part describes the European and the American points of view of pre-dispute arbitration agreements. The second part examines the arbitration clause as an unfair term according to the Council Directive 93/13/EEC of April 5th , 1993 on unfair terms in consumer contracts and with regard to the related case law of the Court of Justice of the European Union and its implementation into the Czech legal system. This part describes the personal applicability, non-individual negotiation, non-fulfillment of the requirement of...
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Consumer Arbitration in the Czech Republic and in the European Context
Musil, Ondřej ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Presented thesis called Consumer Arbitration in the Czech Republic and in the European Context deals with, as the title indicates, Arbitration in the disputes emerging from consumer contracts not only in the Czech Republic, but also in the legislation of the European Union, in the practice of the European Court of Justice and in addition it introduces for comparative purposes legislation of three selected European countries - Germany, Austria and Sweden. This thesis deals with the development of the Arbitration in the Czech Republic especially with regard to Consumer Protection. Major bolster of the position of the Consumer happened on the grounds of Act (Amendment) No. 19/2012 Coll., which brought some significant changes in this area. In order to keep this thesis coherent, the author describes all aspects of Arbitration, which are subject of the Arbitration, Arbitrability, Arbitration Agreements, Arbitrators, course of the Arbitration, Arbitration Awards, Enforcement of Arbitration Awards and their reversal by the state courts. This thesis also deals with the influence of the legislation of the European Union and devotes space to several European regulations, especially to the essential one - Directive 93/13/ECC on unfair terms in consumer contacts. Thesis also describes the most significant...
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Arbitration clauses in consumer disputes
Hloušková, Lenka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of my thesis, which is named "Arbitration clauses in consumer disputes", is to confirm or rebut the hypothesis that valid pre-dispute arbitration agreement can be concluded with a consumer, and if the hypothesis is confirmed, what requirements have to be met. The text is composed of five chapters, the introduction, and the conclusion, and each of the chapters deals with different aspects of arbitration clauses in consumers' disputes. Chapter One is introductory and defines the terminology used in the thesis, such as the consumer dispute, the arbitration clause, and the protection of the consumer as the weaker party. Chapter Two concerns the admissibility of an arbitration clause for the settlement of consumer disputes. This chapter is subdivided into three parts. The first part describes the European and the American points of view of pre-dispute arbitration agreements. The second part examines the arbitration clause as an unfair term according to the Council Directive 93/13/EEC of April 5th , 1993 on unfair terms in consumer contracts and with regard to the related case law of the Court of Justice of the European Union and its implementation into the Czech legal system. This part describes the personal applicability, non-individual negotiation, non-fulfillment of the requirement of...
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Legal status of an arbitrator
Koman, Dalibor ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
RESUMÉ Legal status of an Arbitrator Arbitration especially in 20th century developed into a fully qualified alternative instead of solving property disputes by means of general Courts. It is necessary to point out that the aspects which differ it from civil process and frequently targets of polemics. Even though the development of the arbitration in the Czech Republic has been considerable in the last decade and both general Courts and Constitution Court has responded with sufficient intensity, there are still some areas of unstable arbitration. Arbitration comes with considerable amount of advantages in comparison with general Courts, but also it brings some topics which are often criticized. That is often caused by a specific point of view not regarding every aspect. In arbitration there is a possibility to influence composition of arbitrary forum, which is a typical example of problems coming from different adaptations. This adaptation is absolutely different from the one of trials, where on the contrary there is the rule of regular judge, which is warranted by exact definition of the matter, place and function. In arbitration both parties to a contract are allowed to choose an arbitrator regarding his qualification, specialization, professional skills and reputation which is an advantage for the...
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The Person of Arbitration in International Commercial Arbitration
Mazuchová, Kateřina ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The topic of the thesis is The Person of Arbitrator in International Commercial Arbitration. Arbitration has undergone a number of changes in recent years. This procedure is very popular not only for a choice of Arbitrator, but also for its speed and lower costs, as compared to the other methods of dispute resolution. In the work has been carefully analyzed the whole procedure from the viewpoint of an Arbitrator, especially his duties and powers. The amendment to Act No. 216/1994 Coll. - Act No. 19/2012 Coll., with effect from 1.4.2012 was to distinguish arbitration for consumer and without consumer. Part of the thesis are also proposals de lege ferenda.
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Consumer protection and internet shopping
Blažková, Lenka ; Kotoučová, Jiřina (advisor) ; Žák, Květoslav (referee)
This bachelor thesis deals with consumer protection in internet shopping. The aim is to pick the particular legal regulations relating to internet shopping and identify seller duties and buyer rights in liability for defects. The part of the thesis deals also with consumer disputies, their solving and organizations helping with their solving. The last part is concerned about analysis of internet shopping including questionnaire survey and analysis of selected internet shops.
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