Academic literature on the topic 'Mezinárodní arbitráž'

Cílem tohoto článku je analýza otázky transparentnosti v mezinárodní obchodní arbitráži. Článek směřuje zejména k zodpovězení otázky, zda existuje veřejný zájem na systematickém zveřejňování rozhodčích nálezů. V úvodu je stručně shrnut současný stav neveřejnosti a důvěrnosti v mezinárodní obchodní arbitráži. Neveřejnost je v mezinárodní obchodní arbitráži mezinárodně uznávaná. V případě důvěrnosti, resp. mlčenlivosti v současné době jednotná koncepce neexistuje. Problematická je zejména existence povinnosti stran zachovat mlčenlivost. Její existence, rozsah a výjimky z ní se mohou lišit stát od státu. K prolomení mlčenlivosti může dojít i z důvodu veřejného zájmu. V mezinárodní obchodní arbitráži jsme svědky trendu směrem k vyšší míře transparentnosti. Nelze ovšem uvažovat o široce koncipované transparentnosti ve smyslu prolomení neveřejnosti, široké účasti třetích osob či přístupu veřejnosti ke všem dokumentům. Existuje však veřejný zájem na zveřejňování rozhodčích nálezů. U způsobu zveřejnění je nutné vzít v potaz zájem stran na zachování důvěrnosti rozhodčího nálezu.

The purpose of my thesis is to analyse the arbitration as a means of settlement of international investment disputes. The reason for my research is the dynamic growth in number of international investment disputes which appears to examine the adaptability and viability of international law. The thesis is composed of four chapters, each of them dealing with different aspects of the problems. Chapter One is introductory, it defines basic terminology used in the thesis and deals with the means of investment protection. The chapter is subdivided into four parts. Parts One to Three describe the fundamental terms such as international investment law, international investment and investor from economic and legal points of view. Part Four describes the historical background and the current state of foreign investment protection. Chapter Two focuses on international arbitration as a means of investment disputes settlement. It mentions several possibilities and analyses the two predominant ones - the arbitration mechanisms of the International Center for the Settlement of Investment Disputes (ICSID) and the ad hoc arbitration using the UNCITRAL rules. Chapter Three investigates the position of States in these disputes. It is subdivided into three parts. Part One compares the sovereignty of States with the substantive rights of the investors. Part Two examines the relation of this system to public law and Part Three questions the interests of private arbitrators. Chapter Four provides an outline of relevant Czech case law. Although it has not been very abundant up to the present day, it illustrates well the approach to decision-making by some arbitration courts and common faults of State agencies when addressing foreign investors. Conclusions are drawn in the final part of the thesis. The main aim of the thesis is to expand my initial hypothesis that international investment arbitration forms an unprecedential system, which addresses the balance between the interests of private investors and sovereign States. The standards of investment protection as described thereinbefore appear to be a powerful instrument to strengthen the position of foreign investors. Finally, several changes in the legislation and international treaties, which would equilibrate the balance back, are suggested in the Conclusion.

I study retail prices of sport goods for a particular multinational producer across European countries and in the USA to examine behaviour of the law of one price. Although average prices across all goods in the sample differ only slightly across most of the countries, I find significant price differences for individual goods for almost each country pair, including a group of the states that are generally considered as relatively integrated. The conducted analysis has not confirmed that these differences are caused primarily by various distribution costs. The computed relative prices across products vary significantly once compared internationally even within a group of similar goods of which distribution costs should be the same. The price variation, which prevails even when costs are excluded, points to the existence of strategic pricing and lagging arbitrage.

The purpose of my thesis is to analyse one of the most used type of extrajudicial procedures, the International commercial arbitration. The reason for my research is the progress and elevation of use of the arbitration and not only on international field. The thesis is composed of six chapters, each of them dealing with different aspects of Arbitration. Chapter One is introductory and defines basic terminology used in the thesis. The chapter is subdivided into two parts. Part One describes international arbitration and domestic arbitration and explains differences between them. Part Two deals with the question of arbitrability in Czech Republic and in different countries. Chapter Two is subdivided into five parts and provides an outline of permanent court of arbitration. Part One illustrates the approach to Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic. Part Two looks at Court attached to International Chamber of Commerce in Paris. Part Three describes International court attached to Vienna International Arbitration Centre. Part Four looks at Slovak arbitration court in Bratislava and the last part deals with the oldest arbitration court, The London Court of International Arbitration. Chapter Three examines relevant Czech and...

The subject of this thesis is Institutional International Commercial Arbitration. This thesis describes the fields of arbitration in international trade, especially the status of arbitration in international trade, qualifications of the arbitrators, the arbitration clause and the course of international arbitration. They are included changes to the Arbitration Rules of the major international arbitral institutions. Further, this thesis concentrates on questions relating applicable law in international commercial arbitration, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards - the "New York" Convention and the UNCITRAL Model Law on International Commercial Arbitration.

International Arbitration and its roots Arbitration, or in other words peaceful settlement of the dispute, is currently one of the most used methods of settlement of the disputes both on international and national levels. Considering the high augmentation of the disputes resolved through the means of arbitration especially in the last twenty years of this century the arbitration can boldly compete with the judicial resolution of the disputes in popularity and in the number of resolved cases. Considering the augmentation of use of arbitration clauses especially in the private law contracts, there is often a wrong idea, that the process of arbitration is primary an institute of the private law and that it is a new institute, which has been created in the modern times and historically did not exist at all. In chapters four till six of my thesis I will be focusing on proving that roots of today so often used institute of arbitration run deep in the history, till the times of Ancient Greece even, which was the cradle of the civilization as well as of the arbitration. Subsequently I will in this part map the evolution of the arbitration during the two thousand years of its existence, when on this I will show which aspects of the arbitration prevailed to these days and in which aspects contrary is the...

Arbitrability of dispute and International Commercial Arbitration - Summary Bc. Martin Svatoš The objective of this thesis is to explain the issue of arbitrability of disputes in an international commercial arbitration, especially to compare the Czech and the foreign approach. The thesis consists of three chapters, each of them dealing with different aspects of arbitrability. Chapter One is introductory and defines basic terminology used in the thesis: especially the definition of arbitrability and the question of choice-law. It addresses the issue of the institution deciding the objection of arbitrability and the distinction between the subjective and objective arbitrability, too. Chapter Two concerns the subjective arbitrability. The approach of subjective arbitrability argues whether the State or state entities could be a part of arbitration agreement. However, this claim was questioned by some states and some authors. It examines relevant Czech and other legislations, especially the legislation of states with relatively hostile approach to subjective arbitrability, e.g. Iran. It concerns the old approach of Belgium, too. It presents the approach of denial of justice by several states. Finally, it provides an outline of relevant case law and illustrates the today's point of view by important award...

INTERNATIONAL COMMERCIAL ARBITRATION AND THE ROLE OF NATIONAL COURTS SUMMARY International Commercial Arbitration as a form of alternative dispute resolution has flourished over the past decades. Parties to an arbitration agreement choose to have their dispute settled by means of arbitration and thereby exclude national courts from deciding on matters covered by their agreement. Arbitration thus allows each of the parties to avoid the home courts of the other party and allows the parties to adopt their own rules of procedure. However, parties' autonomy is not unlimited. It's limits are set down by the rules of the law of the seat of arbitration (lex arbitri) and also by the rules of the state in which enforcement of the final award is sought. Moreover, the arbitral process is subject to certain supervisory powers entertained by the the court of the seat of arbitration. The international trend is to limit these supervisory powers. The relationship between national courts and arbitral tribunals is said to be one of partnership. This partnership is not a partnership between equals. Arbitrators are dependent on the underlying support of the courts. As the arbitral awards are made by private individuals (or private arbitral institutions) their binding force must be sanctioned by national legal orders....

1 Transparency of proceedings in international arbitration Summary The purpose of my thesis is to explore the concept of transparency in international arbitration. There are different types of international arbitration, characterized by different participants and naturally distinct aspects of procedure. One of these aspects is, according to my opinion, the said transparency of the proceedings. For the purposes of this thesis, I have decided to analyze the position of transparency in two major areas, namely in investment arbitration and in commercial arbitration, respectively. As the concept of transparency in international arbitration is only recently developing, there is much to be resolved. Thus, the state of the affairs with respect to the subject matter of this thesis is ambiguous and misty. The aim of my research is to describe the position of transparency in two basic types of arbitration and identify the reasons for different trends in this respect. The thesis is composed of an Introduction, four basic chapters and a Conclusion. Chapters are divided into subchapters and parts, respectively. The Introduction presents the topic, defines relevant terminology and sets out the aim of my thesis. Chapter One deals with the confidentiality of arbitration which is clearly opposite concept than that of the...

81 Alternative dispute resolution in international sport with the emphasis on the Court of Arbitration for Sport Key words: alternative dispute resolution, Court of Arbitration for Sport, UNCITRAL Abstract The goal of this thesis is to introduce basic methods for alternative dispute resolution currently available in the area of sport on the international level. First chapter deals generally about the term of alternative dispute resolution, reasons of its growing popularity particularly in the sporting sphere, its advantages and the perception of its use worldwide. The second chapter comprises a detailed analysis of now probably the most important institution in the field of alternative dispute resolution in sport, which is the Court of Arbitration for Sport (CAS) with its seat in Lausanne, Switzerland. After more than 30 years of its existence, this institution is already an established brand that offers solutions to disputes within sport, primarily through arbitration. This takes place either within the Ordinary Division or the Appeals Division of the Court. Detailed description of the proceedings in disputes of this kind is the main part of this chapter, supplemented with practical findings. Special branch of arbitration offered by CAS is the resolution of disputes on major sporting events such as the...