Arbitration is one of the oldest legal systems of solving disputes, albeit, it was simple and without any power to enforce the outcome of the tribunal. In modern ages, arbitration has transformed to a more complicated and sophisticated system of solving international commercial disputes. In recent decades, enforcement of tribunal award benefited from various conventions like New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958). However the enforcement still has few difficulties. One problem is related to the enforcement of the award in different countries. Based on Article V (2(b)) of New York Convention, countries can prohibit enforcement of award if it is against public policy of that country. This broad definition has created many problems especially in some Islamic countries in Middle East due to frequent use of this defense. Islamic countries in Middle East have tried to implement new arbitration legislations from western countries in order to acclimate themselves with modern International commercial and political relations. However facing biased actions from western countries toward their cultures, have made these adaptations more challenging. Considering the claim of both parties, one should not forget the strong influence of culture in International relations as it defines many actions and concerns of society. Ignoring this issue can create many problems and hostile atmosphere between nations that even affect International commercial arbitration enforcements. Knowing the significance of effect of culture, it is essential for many lawyers, scholars and practitioners to study and learn more about culture and norms of other countries. Multi-cultural countries like Canada and commercial hubs like Dubai can facilitate understanding different cultures by creating cultural and legal centers. / Thesis (Master, Law) -- Queen's University, 2012-09-19 23:29:51.979

1 Abstract: Czech and foreign arbitral award The purpose of this thesis is to describe and compare the position of Czech and foreign arbitral award in the Czech legislation. The author aims to clarify whether the Czech legislation grants to foreign arbitral awards the same possibility of enforcement as it grants, if the same conditions are met, to Czech arbitral awards. This thesis should also answer whether the decision-making practice of Czech courts is not in conflict with international obligations. The thesis is divided into five parts. The first part is dedicated to general questions of arbitration. The purpose of this section is to introduce arbitration as an alternative method of dispute resolution. The author analyses the use of arbitration by describing its advantages and disadvantages. Further attention is paid to the main institutes of arbitration such as arbitrability of the dispute. The second part deals with the most important sources of law governing arbitration. For unambiguous application of sources of law, the author also deals with conflicts between different sources of law, for example in the form of a conflict of a multilateral international treaty with a bilateral international treaty on legal aid. The third part the author dedicates to the arbitral award itself. It deals with its...

This thesis describes and portrays system of arbitration proceedings in the international trade, staring with filing of motions ending with enforcement of arbitral rulings. Arbitral proceedings are legal alternative of settlement of legal disputes to traditional court cases, where a third entity - a intermediary, rules in a legal dispute delivering a binding and enforceable arbitration ruling. My paper consists of eight chapters First chapter broadly describes characteristics of alternative settlement of legal rows, defines connections with arbitral proceedings and involves a brief characteristics of single ways of ADR, such as mediation, conciliation, mini-trial, expertise etc. Second chapter is in introduction into the very essence of arbitral proceedings. If explains definition, characteristics and fundamental theoretical doctrines, which define legal nature of this institute, Since all sides yield to arbitration rulings deliberately, is this chapter dedicated to advantages and disadvantages determining decision-making of involved parties. List of proceedings' option can be found at the end of chapter. This involves institutional arbitrage, running in front of permanent arbitration institution, based on its rules, permanent fees and list of arbitrary judges as well it includes ad-hoc arbitrage, when a...