O objeto de estudo desta dissertação é a abrangência subjetiva da cláusula compromissória, especificamente daquela celebrada por sociedades pertencentes a grupos societários. O problema, ainda novo no Brasil devido ao desenvolvimento recente da arbitragem em nosso país, já foi objeto de muito debate na Europa e nos Estados Unidos, onde a arbitragem é usada há muitos anos como método alternativo de resolução de conflitos. No âmbito da arbitragem comercial internacional, consolidou-se, tanto na jurisprudência como na doutrina, a teoria da unidade econômica dos grupos societários. Ela reconhece a especificidade do problema que a presença de agrupamentos de sociedades suscita na arbitragem, devido, essencialmente, à dupla realidade que eles representam unidade diretiva e econômica e diversidade jurídica. Nesta dissertação, procuramos expor as bases sobre as quais essa teoria, consolidada na prática comercial internacional, se assenta. Se no Brasil o tema não foi suficientemente discutido, podemos aprender as lições daqueles que não só já debateram exaustivamente a questão como, também, parecem já ter encontrado uma solução, ainda que ela não seja indene de críticas e ainda mereça ser aperfeiçoada. De início, tentamos conceituar e caracterizar os grupos societários. Em seguida, fizemos um apanhado de casos emblemáticos da jurisprudência arbitral e estatal, de diversos países, que recorreram à teoria da unidade econômica do grupo. Nosso intuito foi verificar a solução conferida ao problema por aqueles que se depararam com ele no caso concreto. Depois, procuramos expor a visão da doutrina sobre a teoria da unidade econômica do grupo, para podermos concluir onde reside o problema central da questão. Ao fim, discutimos o possível obstáculo, apontado por alguns autores, à aplicação da teoria no Direito brasileiro. / The purpose of this paper is to discuss who are the parties to the arbitration agreement, especially regarding the convention executed by companies that form part of a group. The issue, still topical in Brazil due to the recent development of the arbitration in our country, has already been subject to much debate in Europe and in the United States, where arbitration has been used for years as an alternative dispute resolution method. In international arbitration, the group of companies theory has been restated, both within the legal authorities and in case law. Such theory acknowledges the specificity of the issue raised by the presence of groups of companies in arbitration, especially due to their dual characteristics managerial and economical unit and legal diversity. In this paper, we have sought to settle the basis over which such theory, already settled in the international commercial arbitration practice, is construed. Since in Brazil the subject hás been scarcely discussed, we may learn lessons from those who have not only exhaustively debated it but who also seem to have found a way to solve it, even if it is not immune to criticism and still ought to be improved. We have initially tried to clarify the notion and the characteristics of the groups of companies. We have subsequently gathered a number of illustrative arbitral and state case law, from different countries, which have made use of the group of companies theory. Our aim was to verify the solution given to the issue by those who have actually been faced with the problem. Then, we have tried to present the legal authoritys view on the group of companies theory in order to conclude where the issue is in fact centered. In the end, we have discussed a possible obstacle, which certain authors have raised, as to the application of the theory in the Brazilian Law.

O objeto de estudo desta dissertação é a abrangência subjetiva da cláusula compromissória, especificamente daquela celebrada por sociedades pertencentes a grupos societários. O problema, ainda novo no Brasil devido ao desenvolvimento recente da arbitragem em nosso país, já foi objeto de muito debate na Europa e nos Estados Unidos, onde a arbitragem é usada há muitos anos como método alternativo de resolução de conflitos. No âmbito da arbitragem comercial internacional, consolidou-se, tanto na jurisprudência como na doutrina, a teoria da unidade econômica dos grupos societários. Ela reconhece a especificidade do problema que a presença de agrupamentos de sociedades suscita na arbitragem, devido, essencialmente, à dupla realidade que eles representam unidade diretiva e econômica e diversidade jurídica. Nesta dissertação, procuramos expor as bases sobre as quais essa teoria, consolidada na prática comercial internacional, se assenta. Se no Brasil o tema não foi suficientemente discutido, podemos aprender as lições daqueles que não só já debateram exaustivamente a questão como, também, parecem já ter encontrado uma solução, ainda que ela não seja indene de críticas e ainda mereça ser aperfeiçoada. De início, tentamos conceituar e caracterizar os grupos societários. Em seguida, fizemos um apanhado de casos emblemáticos da jurisprudência arbitral e estatal, de diversos países, que recorreram à teoria da unidade econômica do grupo. Nosso intuito foi verificar a solução conferida ao problema por aqueles que se depararam com ele no caso concreto. Depois, procuramos expor a visão da doutrina sobre a teoria da unidade econômica do grupo, para podermos concluir onde reside o problema central da questão. Ao fim, discutimos o possível obstáculo, apontado por alguns autores, à aplicação da teoria no Direito brasileiro. / The purpose of this paper is to discuss who are the parties to the arbitration agreement, especially regarding the convention executed by companies that form part of a group. The issue, still topical in Brazil due to the recent development of the arbitration in our country, has already been subject to much debate in Europe and in the United States, where arbitration has been used for years as an alternative dispute resolution method. In international arbitration, the group of companies theory has been restated, both within the legal authorities and in case law. Such theory acknowledges the specificity of the issue raised by the presence of groups of companies in arbitration, especially due to their dual characteristics managerial and economical unit and legal diversity. In this paper, we have sought to settle the basis over which such theory, already settled in the international commercial arbitration practice, is construed. Since in Brazil the subject hás been scarcely discussed, we may learn lessons from those who have not only exhaustively debated it but who also seem to have found a way to solve it, even if it is not immune to criticism and still ought to be improved. We have initially tried to clarify the notion and the characteristics of the groups of companies. We have subsequently gathered a number of illustrative arbitral and state case law, from different countries, which have made use of the group of companies theory. Our aim was to verify the solution given to the issue by those who have actually been faced with the problem. Then, we have tried to present the legal authoritys view on the group of companies theory in order to conclude where the issue is in fact centered. In the end, we have discussed a possible obstacle, which certain authors have raised, as to the application of the theory in the Brazilian Law.

The aim of this thesis called Arbitration Procedure in the Czech Republic is to characterize Arbitration in the Czech Republic, describe individual aspects of Czech Arbitration and outline highly discussed issues of recent months. This thesis called Arbitration Procedure in the Czech Republic is composed of nine chapters excluding the introduction and conclusion. Each of these chapters deals with different aspect of Arbitration Procedure. The first chapter contains definition of Arbitration Procedure, types of Arbitration, doctrines of Arbitration and enumeration of advantages and disadvantages of Arbitration Procedure. The second chapter summarizes the most important sources of law relating to Arbitration. Chapter 3 deals with one of the most important concepts of Arbitration, which is Arbitrability. Arbitrability is a characteristic of disputes that can be heard before Arbitrators or Arbitral Institutions. Positive and negative conditions of Arbitrability are described in this chapter as well. The fourth chapter focuses on Arbitration Agreement. Its definition and types are included in this chapter and it is also concerned with nature, content and the requirements of the Arbitration Agreement. T The fifth chapter concentrates on Arbitrators. It deals among other with conditions that Arbitrators...

Arbitration proceeding in Czech and Slovak Republic The topic of this thesis is arbitration proceeding in Czech and Slovak Republic. If the part of introduction and conclusion is not included, the thesis is divided into eight main chapters which are further systematically divided into other subchapters. In the first chapter dedicated to the concept and characteristics of arbitration the author focuses on sources and - with regard to the title of this work - the greatest attention is paid to the Contract concluded between Czech and Slovak Republic on legal cooperation. Furthermore the deal of this part is a relation between arbitration and civil proceeding and alternative dispute resolution. This chapter describes - among other issues - the types of arbitration, namely deals with the severance onto ad hoc and institutional arbitration, including comparison with Slovak law. In the following chapter the author deals with the advantages and disadvantages of arbitration but with the difference that he deals with these examples more broadly considering that individual attributes may not always be perceived in black and white, ie. it may not always be an advantage but should be viewed more comprehensively. Chapter Three is dedicated to arbitrability (both in Czech and Slovak legislation) as a key...

Magister Legum - LLM / Alternative dispute resolution refers to forms of dispute resolution, other than traditional and formal court based litigation. A notable benefit of alternative dispute resolution is that different processes are available for resolving a particular dispute in the most effective and efficient manner possible. Alternative dispute resolution includes but is not limited to arbitration, mediation, negotiation, conciliation and facilitation. The Constitution of the Republic of South Africa, 1996, lists human dignity, equality and the advancement of human rights and freedoms as the founding values of the Republic of South Africa. In terms of section 9(1) of the Constitution everyone is regarded as equal before the law and has the right to equal protection and benefit of the law in South Africa. Often it is however argued that traditional court based litigation hinders the full enjoyment of these rights by individuals. Consequently, alternative dispute resolution is attractive as an alternative to court based litigation as it is regarded as less expensive, more time effective and results in less conflict when it comes to resolving disputes in the most accessible, effective and efficient manner possible, in both developed and developing countries. The study will first focus on the pitfalls to traditional court based litigation in South Africa. The relevant legislation and processes which provide for alternative dispute resolution processes in South Africa, with specific focus on alternative dispute resolution in labour disputes, will be considered. Consideration will be given to the provision of alternative dispute resolution as contained in the Constitution, the Labour Relations Act 66 of 1995, the Rules for the Conduct of Proceedings before the CCMA of 2003 and the Arbitration Act 42 of 1965. The study will thereafter proceed to consider the use of alternative dispute resolution in labour disputes in Brazil, Russia, India and China, who, together with South Africa, are collectively referred to as BRICS. These five nations are considered the world’s leading emerging economies, with similar economic capabilities and demographics.

The theme of this thesis is the institute of arbitration in the Czech Republic. Arbitration is an institute enabling resolution of property disputes before an independent third. The result of an arbitration is publication of binding and enforceable arbitration award. Arbitration is a type of sui generis proceeding, meaning it differs both from the general court proceedings, as well as from other ADR methods. In this work I was mainly focused on a comprehensive analysis of Act no. 216/1994 Coll., on arbitration proceedings and enforcement of arbitral awards, in conjunction with the study of literature and case law. The thesis is divided into 9 chapters, which are further divided into subchapters. The thesis is further bounded by introduction and conclusion. The first chapter deals with the definition of arbitration and furthermore here we can find the characteristics, advantages and disadvantages, and explanations of theoretical concepts of arbitration. The second chapter focuses on the question of arbitrability of individual disputes. The third chapter examines in detail the process of conclusion of the arbitration agreement, including a description of requirements and division of arbitration agreements according to their nature. The fourth chapter deals with the figure of the arbitrator, the...

Resumé The theme of this thesis is Arbitration in the Czech Republic. I focus on the current regulation contained in the Act No. 216/1994 Coll., on arbitration and enforcement of arbitral awards. Arbitration is one of alternative dispute resolutions for and for which is typical extrajudicial proceeding with exclusion of the judicial authority. However is the subject of this thesis extensive and not all aspect of arbitration can be embraced; my goal is to try to give a complete look into arbitrations, which has become more often used method of resolution of property disputes. This thesis is divided into twelve main chapters, which are then systematically subdivided. The first chapter of these theses will try to define a term, types and a concept of arbitration in the Czech Republic with regard to the theoretical (contractual, jurisdictional, mixed and autonomous) doctrines. The second main chapter is dedicated to arbitrational agreement. I try to recognize two basic types of it, arbitration clause which is closed in the cases of any disputes from legal relationship between parties arising in the future and post- dispute arbitration agreement, which is, on the other hand, closed about disputes which have already arisen. Then I focus on the fundamental terms of the arbitration agreement, form of arbitration...

The purpose of this thesis is to provide a complex description of the conduct of the arbitration proceedings in the Czech Republic. Specifically with the focus on typical features that differ arbitration from proceedings before courts, and on special types of proceedings. Arbitration can be characterized as one of the ways to settle a dispute, that arises between two or more parties. Common way of resolving a dispute is by reffering it to a state court, who will issue a judgment that is binding upon the parties and can be enforced. In certain areas of private relationships, the state offers the parties the opportunity to submit their dispute to a private body, whose decision they agree to respect as if it was a decision of a general court. These types of dispute resolution can be characterized as alternatives to the classical way of resolution by the courts (alternative dispute resolution or ADR). Arbitration proceedings in the Czech republic are conducted in accordance with the Act No. 216/1994 Coll., on Arbitration Procedure and the Enforcement of Arbitration Awards, as amended (Arbitration Act). Since its adoption, there have been some amendments of this Arbitration Act, in order to reflect modern trends in the conduct of the proceedings as well as to correct its weaknesses, established by judgments of...

The focus of this thesis is to analyse the most questionable and presently very discussed points at isme of the arbitration in the Czech Republic. The subject of this thesis is rather extensive, therefore not all aspects of the arbitral proceedings can be concerned. There has been a substantial advancement in arbitration, since Act No. 216/1994 Coll., On Arbitral Proceedings and On Execution of Arbitral Awards took effect. In this thesis I focused on the czech legal framework of arbitration, its imperfections and influence of judicature of the European Court of Justice on the interpretation of the czech law. Pursuant to the questionable facts mentioned above, and under the influence of the judicature of the European Court of Justice and czech court's judicature, the Arbitration Act should be amend. There should be changes especially at the articles concerning arbitrator, arbitration at consumer disputes, and the arbitration contract requirements. The arbitration is means of final and binding dispute rosolution which provides a suitable alternative for the judicial trial, especially at commercial disputes between undertakers - professionals.

The topic of this thesis is arbitration proceedings in the Czech Republic. In the introductory chapter arbitration is generally described, with definition of its characteristics in comparison with the ADR methods and regular court proceedings. Four basic theoretical standpoints concerning the arbitration proceedings are introduced. Arbitration is divided into general and specific arbitration as well as institutional and ad hoc. In the second chapter the issue of arbitrability is described- specifically the conditions of its formation. The third chapter focuses on the arbitration agreement, beginning from the inception, including its content and ending with cases when the agreement is void. Arbitrator, including requirements concerning the person, such as confidentiality, independence, and impartiality, is contained in the fourth chapter. It also includes arbitrator's appointment and remuneration. The fifth chapter deals with the arbitration proceedings in concreto. Basic principles governing the arbitration are outlined, following with initiation of legal action including further motions and evidence. The sixth chapter is aimed at arbitration decision and its specific forms: the arbitration award and the resolution. A possibility of settlement approved by an arbitrator or a permanent arbitration...