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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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