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...

The theme of this thesis is the arbitration proceedings in the Czech Republic, which is one of the alternative disputes resolutions. The goal of this thesis is to provide a complete summary of legal regulation of the arbitration proceedings. The thesis is divided into eight chapters. The first three chapters deal with general issues of the arbitration proceedings. The first chapter which is further subdivided into six subchapters is focused on the basic definition of the arbitration proceedings, its theoretical concepts, its advantages and disadvantages, as well as its different types. The second chapter provides a summary mainly of national legal regulation. Chapter three explains the objective conditions under which a certain range of disputes can be heard and decided in the arbitration proceedings, including some specific examples. Chapter four is concerned with the arbitration agreement which is the major institute and the basis condition of the arbitration proceedings. This chapter is subdivided into three subchapters dealing with for example the different types of arbitration agreements, their mandatory requirements and also their invalidity and termination. In a separate subchapter author discusses the arbitration agreement for resolving disputes arising from consumer contracts. Chapter...

The arbitration legislation of Kazakhstan has no direct answer to the problem of possible participation of the third parties therein. The analysis of the Kazakhstani legislation and practice, as well as the comparison of the Kazakhstani approach with international approaches regarding the problem of the third parties have revealed the necessity in the legislative reforms to be taken in Kazakhstan. These reforms are required for stabilization and equilibration of the position of third parties with all rest parties of the arbitration proceedings. Thus, the main aim of this thesis is to elaborate a series of suggestions on the potential development of the arbitration procedural legislative system and to address some of the gaps in the existing arbitration legislation.

The arbitration legislation of Kazakhstan has no direct answer to the problem of possible participation of the third parties therein. The analysis of the Kazakhstani legislation and practice, as well as the comparison of the Kazakhstani approach with international approaches regarding the problem of the third parties have revealed the necessity in the legislative reforms to be taken in Kazakhstan. These reforms are required for stabilization and equilibration of the position of third parties with all rest parties of the arbitration proceedings. Thus, the main aim of this thesis is to elaborate a series of suggestions on the potential development of the arbitration procedural legislative system and to address some of the gaps in the existing arbitration legislation.

The topic of this diploma thesis is domestic arbitration proceedings in the Czech Republic with a focus on the court setting aside an arbitral award. Following a short introduction to the history and presence of the arbitration proceedings in Bohemia in the Chapter 1, the thesis focuses mainly on court setting aside an arbitral award as regulated in Article 30 of Act. No. 216/1994 Coll., about arbitration proceedings and enforcement of arbitral awards, as amended, with respect to the order of the provision. The aim of the thesis is to analyze the reasons for setting aside an arbitral award on the basis of analysis of legal literature and judicial decisions. Because certain reasons for setting aside an arbitral award by the court reveal questions that are controversial, such controversial questions are introduced. The solutions and authoresses distinctive views to such questions are presented. After a brief introduction of court setting aside an arbitral award in the Chapter 2, attention is paid to the lack of arbitrability as a reason for setting aside an arbitral award. The distinction between objective and subjective arbitrability is made. The objective arbitrability, which shows the scope of subject matters that can be solved in arbitration proceedings, is discussed in a separate subchapter. The...

The topic of this thesis is arbitration proceedings in the Czech Republic, which is nowadays the most significant alternative to the civil court proceedings. This thesis aims to give a summary of every fundamental institute of arbitration proceedings, with its detailed characteristics, including the comprehensive description of contemporary legislation. This thesis is divided into ten chapters, where the author describes individual institutes of arbitration proceedings in detail. The first chapter especially deals with the clarification of the concept of arbitration proceedings and presents its advantages and disadvantages. In this chapter the basic theoretical standpoints concerning the arbitration proceedings are described. In the next chapter the author deals with the issue of arbitrability in arbitration proceedings. Chapters three and four are focused on a description of various types of arbitration agreements including their content and cases where the agreements are void. Within these chapters requirements of the person of arbitrator including arbitrator's appointment are described. The following two chapters comprise a comprehensive description of contemporary legislation of arbitration proceedings, including characteristic procedural institutes. These chapters are also focused on any and...

Case law influence on Czech national and international arbitration Proceedings Abstract Arbitration proceedings represent, besides civil judicial procedures, one of the methods for solution of material disputes in private-law relations. Arbitration proceedings have been used for quite a long time. In our territory they were used already under the rule of Charles IV. For example, Jakub Krčín and Štěpánek Netolický, who were well-known artificial lake engineers, belonged among highly appreciated arbitrators. Significant development of arbitration proceedings was registered after 1949, when the Steady Arbitration Court was established at the Czechoslovak Chamber of Commerce in May 1949 and exists up to now under the name "Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic". Legal regulation of arbitration proceedings was undergoing various changes. A principal change occurred in 1964, when the Act no. 98/1963 Coll., on arbitration proceedings in international trade and on enforcement of arbitration awards entered into force, admitting arbitration proceedings only in international trade relations and only for legal entities, at that time foreign trade enterprises. Another principal change then occurred as at 1 January 2015, the effective date of the...

This study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before the enactment of Labour Relations Act 28 of 1956 and Labour Relations Act 66 of 1995. Rule 25 of CCMA rules which makes provision that legal representation at CCMA arbitration proceedings relating to fairness of dismissal and party has alleged that the reason for dismissal relates to the employees conduct on capacity, the party is not entitled to be represented by a legal practitioner. The dissertation analyses the effect of this provision on the Constitutional rights to legal representations well as rights relating to fair procedure. Refusal of legal representation in certain instances is justified in the right of legislative requirements on obligation placed particularly on the arbitrator legislative measures which, justifies refusal of legal representation at CCMA that cannot be imposed without giving consideration to the Constitution. The study will highlight the South African case on position with regards to legal representation at CCMA. A literature study will be done using current and researched sources such as textbooks, law journals, and legislation, case law, conferences papers and internet sources. Different rights will be weighed up through literature sources. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015