Deciding disputes in international commercial transactions - advantages and disadvantages of arbitration compared to proceedings before Czech courts International trade is an area that forms a significant part of social life in today's globalised world. This thesis deals with the solution of the disputes that arise in the international trade with the accent on the commercial arbitration and its comparison with the court proceedings in the Czech Republic. The decision-making of international trade disputes is not easy due to different legislations and various ways of solvings. The aim of the thesis is a insight into the issues of international trade, international and Czech commercial arbitration and its comparison with the court proceedings in the Czech Republic. This thesis also presents other alternative dispute resolutions, their specifics and possibilities of use. To achieve the stated goal, description, analysis and comparison are used as research methods. The description is mainly applied in the first chapters of the single parts of the thesis, in order to define the institutes under examination and all the aspects of dispute resolution in international commercial transactions. Description is followed by their analysis in terms of usability, practicality, characteristics and specifics. In the...

<p>Since the pactum de non cedendo is prohibitory by its nature and operation, our law should have proceeded with caution when determining its effect. This, unfortunately, is not what transpired in the locus classicus decision. Nor did subsequent cases correct this fatal ratio. The distressing truth is that the old authorities, upon whom the locus classicus judgment is based, were in all probability not writing about pacta de non cedendo. Strangely enough, when this was suggested by an academic in the field, it elicited no response. The lack of response evidences a lack of interest in the topic in general, partly due to the uncertain state of affairs in which the pactum de non cedendo operates, and partly due to the courts&rsquo / unwillingness to rectify the situation. Despite the waning interest, the pactum de non cedendo is prevalent and appears in many types of contracts, most recently in the powerhouse factoring industry, and cannot simply be swept under the rug. This dissertation breathes new life into the pactum de non cedendo and discusses its validity and effect from a fresh perspective: A commercial perspective with a strong influence from American law. Hopefully this re-evaluation of the pactum de non cedendo will re-capture the attention of academics and judges alike, so that those in the position to do so, will re-consider its validity and effect.</p>

<p>Since the pactum de non cedendo is prohibitory by its nature and operation, our law should have proceeded with caution when determining its effect. This, unfortunately, is not what transpired in the locus classicus decision. Nor did subsequent cases correct this fatal ratio. The distressing truth is that the old authorities, upon whom the locus classicus judgment is based, were in all probability not writing about pacta de non cedendo. Strangely enough, when this was suggested by an academic in the field, it elicited no response. The lack of response evidences a lack of interest in the topic in general, partly due to the uncertain state of affairs in which the pactum de non cedendo operates, and partly due to the courts&rsquo / unwillingness to rectify the situation. Despite the waning interest, the pactum de non cedendo is prevalent and appears in many types of contracts, most recently in the powerhouse factoring industry, and cannot simply be swept under the rug. This dissertation breathes new life into the pactum de non cedendo and discusses its validity and effect from a fresh perspective: A commercial perspective with a strong influence from American law. Hopefully this re-evaluation of the pactum de non cedendo will re-capture the attention of academics and judges alike, so that those in the position to do so, will re-consider its validity and effect.</p>

Magister Legum - LLM / Since the pactum de non cedendo is prohibitory by its nature and operation, our law should have proceeded with caution when determining its effect. This, unfortunately, is not what transpired in the locus classicus decision. Nor did subsequent cases correct this fatal ratio. The distressing truth is that the old authorities, upon whom the locus classicus judgment is based, were in all probability not writing about pacta de non cedendo. Strangely enough, when this was suggested by an academic in the field, it elicited no response. The lack of response evidences a lack of interest in the topic in general, partly due to the uncertain state of affairs in which the pactum de non cedendo operates, and partly due to the courts' unwillingness to rectify the situation. Despite the waning interest, the pactum de non cedendo is prevalent and appears in many types of contracts, most recently in the powerhouse factoring industry, and cannot simply be swept under the rug. This dissertation breathes new life into the pactum de non cedendo and discusses its validity and effect from a fresh perspective: A commercial perspective with a strong influence from American law. Hopefully this re-evaluation of the pactum de non cedendo will re-capture the attention of academics and judges alike, so that those in the position to do so, will re-consider its validity and effect. / South Africa

Made available in DSpace on 2016-04-25T16:45:29Z (GMT). No. of bitstreams: 1 Mauricio Roberto Ortiz de Camargo.pdf: 1205484 bytes, checksum: d6cf6755c1b8fc5fe944785953db1118 (MD5) Previous issue date: 2010-05-27 / This dissertation discusses the ethics involved in intercompany commercial transactions, and its main objective is to research how negotiation strategies can influence the relationship between the salesperson and the purchasing agent. The sampling range of this study is limited to analyzing the perspective of the purchasing agent who negotiates on behalf of photocopy resellers, and restricted to those companies which are authorized to resell equipments by at least one manufacturer. The companies are all located in the State of S o Paulo, Brazil. My main rationale for choosing this project was based on personal preference. Having had experience in several functions related to B2B sales created in me curiosity regarding the relationship between salesperson and purchasing agent. These questions involve primarily the subjective aspects of the transactions between them, ethical values of the purchasing organization agents, and the collaborative attitude of these purchasing agents with one supplier, in detriment of other suppliers. After some exploratory research, the article written by Lewicki, Robinson e Donahue (2000) played a crucial role in the definition and development of the methodology used on this research. The article reports that negotiators perceive ethically controversial tactics in different ways, and it presents a scale to evaluate these differences. This scale is composed of 16 tactics and was used in two instances of data collection. The scale was first used to analyze the purchasing agents ethical perception, and then their willingness to cooperate when they realize that their counterpart was using some of these tactics on them. The results of the research showed that statistically there is a direct correlation between the ethical perception of the negotiation tactics, and the willingness of the purchasing agent to cooperate with the salesperson / Esta dissertação trata da ética nas transações comerciais entre empresas, e tem como principal objetivo pesquisar a influência das estratégias de negociação na rela ção comprador-vendedor. O universo pesquisado limita-se à analise da perspectiva dos agentes de compras que negociam em nome de empresas revendedoras de fotocopiadoras, restrito aquelas autorizadas a revender tais equipamentos por pelo menos um fabricante, situadas no Estado de São Paulo, sendo que a principal motiva ção para engajar nessa jornada de cunho pessoal. A experiência em diversas funções ligadas à vendas B2B, despertou no pesquisador algumas inquieta ções sobre a rela ção vendedor-comprador, as quais referem-se à questões que envolvem principalmente os aspectos subjetivos da transa ção dentre eles, os valores éticos dos agentes da organiza ção compradora e a atitude de colaborar desses agentes com um fornecedor em detrimento de outro. Após pesquisa exploratória, o artigo de Lewicki, Robinson e Donahue (2000) teve um papel crucial na defini ção e no desenvolvimento da metodologia adotada neste estudo. O artigo relata que os negociadores percebem táticas eticamente questionáveis de diferentes maneiras e propõe uma escala para avaliar esta desigualdade. Esta escala, composta por 16 táticas, foi utilizada em dois momentos durante a constru ção do instrumento de coleta de dados. Em um primeiro momento, para analisar a percep ção ética dos agentes de compras, e logo depois, a disposi ção destes agentes em cooperar quando percebem que seu oponente estão usando as táticas com eles. O resultado estatisticamente encontrado foi que realmente há correla ção entre a percep ção ética sobre as táticas de negocia ção e a disposi ção dos agentes de compras em colaborar com o vendedor

<p>The Member States of the Southern African Customs Union (SACU) have set as their objectives, amongst others, the facilitation of cross-border movement of goods between the territories of the Member States and the promotion of the integration of Member States into the global economy through enhanced trade and investment. Different approaches to the recognition and enforcement of foreign judgments by Member States and the risk of non-enforcement may lead to legal uncertainty and increased transaction cost for prospective traders, which ultimately act as non-tariff barriers to trade in the region. Trade is critical to Southern Africa, and the ideal is that barriers to trade, of which uncertainty concerning the recognition and enforcement of foreign judgments among Member States is one, should be removed. Certainty, predictability, security of transactions, effective remedies and cost are important considerations in investment decision-making / and clear rules for allocating international jurisdiction and providing definite and expedited means of enforcing foreign judgments will facilitate intraregional as well as interregional trade. In addition to trade facilitation, a harmonised recognition and enforcement regime will consolidate economic and political integration in the SACU. An effective scheme for the mutual recognition and enforcement of civil judgments has been regarded as a feature of any economic integration initiative likely to achieve significant integration. While the harmonisation of the rules on the recognition and enforcement of foreign judgments has been given priority in other regional economic communities, in particularly the European Union, any similar effort to harmonise the rules on recognition and enforcement of Member States have been conspicuously absent in the SACU &ndash / a situation which needs to receive immediate attention. The thesis considers the approaches followed by the European Union with the Brussels Regime, the federal system of the United States of America under the &lsquo / full faith and credit clause&rsquo / the inter-state recognition scheme under the Australia and New Zealand Trans-Tasman judicial system / as well as the convention-approach of the Latin American States. It finds that the most suitable approach for the SACU is the negotiation and adoption by all SACU Member States of a multilateral convention on the recognition and enforcement of foreign judgments, comparable to the 1971 Convention of the Hague Conference on Private International Law / the EU Brussels I Regulation and the Latin-American Montevideo Convention, as complemented by the La Paz Convention. It is imperative that a proposed convention should not merely duplicate previous efforts, but should be drafted in the light of the legal, political and socio-economic characteristics of the SACU Member States. The current legislative provisions in force in SACU Member States are compared and analysed, and the comparison and analysis form the basis of a proposal for a future instrument on recognition and enforcement of foreign judgments for the region. A recommended draft text for a proposed Convention on the Recognition and Enforcement of Foreign Judgments for the SACU is included. This draft text could form the basis for future negotiations by SACU Member States.</p>

<p>The Member States of the Southern African Customs Union (SACU) have set as their objectives, amongst others, the facilitation of cross-border movement of goods between the territories of the Member States and the promotion of the integration of Member States into the global economy through enhanced trade and investment. Different approaches to the recognition and enforcement of foreign judgments by Member States and the risk of non-enforcement may lead to legal uncertainty and increased transaction cost for prospective traders, which ultimately act as non-tariff barriers to trade in the region. Trade is critical to Southern Africa, and the ideal is that barriers to trade, of which uncertainty concerning the recognition and enforcement of foreign judgments among Member States is one, should be removed. Certainty, predictability, security of transactions, effective remedies and cost are important considerations in investment decision-making / and clear rules for allocating international jurisdiction and providing definite and expedited means of enforcing foreign judgments will facilitate intraregional as well as interregional trade. In addition to trade facilitation, a harmonised recognition and enforcement regime will consolidate economic and political integration in the SACU. An effective scheme for the mutual recognition and enforcement of civil judgments has been regarded as a feature of any economic integration initiative likely to achieve significant integration. While the harmonisation of the rules on the recognition and enforcement of foreign judgments has been given priority in other regional economic communities, in particularly the European Union, any similar effort to harmonise the rules on recognition and enforcement of Member States have been conspicuously absent in the SACU &ndash / a situation which needs to receive immediate attention. The thesis considers the approaches followed by the European Union with the Brussels Regime, the federal system of the United States of America under the &lsquo / full faith and credit clause&rsquo / the inter-state recognition scheme under the Australia and New Zealand Trans-Tasman judicial system / as well as the convention-approach of the Latin American States. It finds that the most suitable approach for the SACU is the negotiation and adoption by all SACU Member States of a multilateral convention on the recognition and enforcement of foreign judgments, comparable to the 1971 Convention of the Hague Conference on Private International Law / the EU Brussels I Regulation and the Latin-American Montevideo Convention, as complemented by the La Paz Convention. It is imperative that a proposed convention should not merely duplicate previous efforts, but should be drafted in the light of the legal, political and socio-economic characteristics of the SACU Member States. The current legislative provisions in force in SACU Member States are compared and analysed, and the comparison and analysis form the basis of a proposal for a future instrument on recognition and enforcement of foreign judgments for the region. A recommended draft text for a proposed Convention on the Recognition and Enforcement of Foreign Judgments for the SACU is included. This draft text could form the basis for future negotiations by SACU Member States.</p>

Doctor Legum - LLD / The Member States of the Southern African Customs Union (SACU) have set as their objectives, amongst others, the facilitation of cross-border movement of goods between the territories of the Member States and the promotion of the integration of Member States into the global economy through enhanced trade and investment. Different approaches to the recognition and enforcement of foreign judgments by Member States and the risk of non-enforcement may lead to legal uncertainty and increased transaction cost for prospective traders, which ultimately act as non-tariff barriers to trade in the region. Trade is critical to Southern Africa, and the ideal is that barriers to trade, of which uncertainty concerning the recognition and enforcement of foreign judgments among Member States is one, should be removed. Certainty, predictability, security of transactions, effective remedies and cost are important considerations in investment decision-making; and clear rules for allocating international jurisdiction and providing definite and expedited means of enforcing foreign judgments will facilitate intraregional as well as interregional trade. In addition to trade facilitation, a harmonised recognition and enforcement regime will consolidate economic and political integration in the SACU. An effective scheme for the mutual recognition and enforcement of civil judgments has been regarded as a feature of any economic integration initiative likely to achieve significant integration. While the harmonisation of the rules on the recognition and enforcement of foreign judgments has been given priority in other regional economic communities, in particularly the European Union, any similar effort to harmonise the rules on recognition and enforcement of Member States have been conspicuously absent in the SACU – a situation which needs to receive immediate attention. The thesis considers the approaches followed by the European Union with the Brussels Regime, the federal system of the United States of America under the ‘full faith and credit clause’; the inter-state recognition scheme under the Australia and New Zealand Trans-Tasman judicial system; as well as the convention-approach of the Latin American States. It finds that the most suitable approach for the SACU is the negotiation and adoption by all SACU Member States of a multilateral convention on the recognition and enforcement of foreign judgments, comparable to the 1971 Convention of the Hague Conference on Private International Law; the EU Brussels I Regulation and the Latin-American Montevideo Convention, as complemented by the La Paz Convention. It is imperative that a proposed convention should not merely duplicate previous efforts, but should be drafted in the light of the legal, political and socio-economic characteristics of the SACU Member States. The current legislative provisions in force in SACU Member States are compared and analysed, and the comparison and analysis form the basis of a proposal for a future instrument on recognition and enforcement of foreign judgments for the region. A recommended draft text for a proposed Convention on the Recognition and Enforcement of Foreign Judgments for the SACU is included. This draft text could form the basis for future negotiations by SACU Member States. / South Africa

L'enjeu de cette recherche ethnologique consiste à saisir quelques traits et expressions de la socialité vietnamienne à travers l'étude de la circulation non marchande dans un village au Nord du Vietnam. La première partie vise à définir les manifestations concrètes, la nature et le fonctionnement de la circulation non marchande telle qu'elle se déploie dans le village. La deuxième partie s'attache à analyser les significations et les fonctions sociales de ce système de prestations symboliques. La description ethnographique de ce système montre qu'il s'affirme comme un dispositif de transferts ritualisés, selon lequel les agents sociaux donnent, lors d'occasions définies, à celui qui en a besoin au moment où il en a besoin. Ce système de dons cérémoniels est fondé sur l'entraide, la réciprocité des gestes et l'entretien de dettes morales. L'examen des rapports sociaux en jeu dans la circulation des dons permet de dresser une carte de l'organisation des relations sociales selon les degrés de proximité relationnelle. Cette étude se termine sur la fonction sociale de ces prestations réciproques, qui consiste à inaugurer et à perpétuer des relations tình cảm, c'est-à-dire des relations chargées d'affection spontanée et morale à la fois. En tant que dons d'alliance qui participent à réguler les relations personnelles, nous estimons que les transferts cérémoniels incarnent l'« instant fugitif où la société prend » (Mauss, 1999 : 275) en milieu rural au Nord du Vietnam. La conclusion tente une généralisation du propos à travers la description du giao lưu, qui consiste à se rencontrer et à échanger en vue d'actualiser, de sceller et de renforcer des relations sociales. / The following ethnological research aims at grasping a few characteristic features of the Vietnamese principles of sociality, through the study of non-commercial transactions taking place in a village located in the Northern Vietnam. The first part of the doctoral thesis lists the forms, the practices and the nature of non-commercial transactions occurring in the village. The second part analyses the social meanings and functions of those symbolics transactions. The ethnographic description of the system shows that most of the transactions occurring are ritualized : on defined occasions, villagers give a gift to someone else in need and at the moment when they need it. Those non-commercial transactions can be defined as a system of ceremonial gif-giving based on mutual aid, gesture reciprocity, and moral debt. The study of the connections between the gifts given and the social relations involved in the transactions allow us to map out the organization of the social relations according to the degrees of closeness. This study ends with the analysis of the social function entailed by mutual gifts. Their role is mainly to create and strengthen tình cảm, relationships, that is to say relationships filled with spontaneous and moral feelings. Because those « bonding gifts » participate to the regulation of the personnel relationship in the village, we can consider that they embody that «fleeting moment when society sets » (Mauss, 1999: 275) in rural area in Northern Vietnam.

Dans cette thèse, nous nous consacrerons à comprendre les nouveaux langages qu'adopte le monde économique dans sa machine à fabriquer la quantité. Pour cela, nous nous efforcerons, à travers une finance éthique aux principes islamiques, à déchiffrer ce qui paraît être de nouvelles expressions, traduites dans un double transfert qui s'opère entre l'esprit d'un capitalisme dont la critique est en crise, et le renouveau de l'esprit capitaliste dont les instruments sont désespérément refondés dans une moralisation, même religieuse, des actes parfois les plus immoraux. Ainsi et tout comme chez les protestants, en Islam, c'est « l'acte de commercer » qui sera mis au centre de la vocation «financière», encouragé tout en étant opposé à l'acte d'usure (ribâ dans le monde musulman), il sera le socle d'une légitimation religieuse de l'existence même d'une institution financière islamisée. Nous aurons alors à examiner, de manière plus approfondie, certains aspects de l’industrie financière islamisée, sa naissance, son organisation, ses promoteurs et ses instruments, alertés par des contradictions, des incohérences, voire même des incongruités, nous conclurons le plus souvent sur des contrastes, révélant des contextes aux politiques irrégulières, où souvent les signes d’une précarité alarmante se laissent maladroitement apprivoiser par une pseudo-modernité, parasitant une institution dépassée dans des décors incertains. Certains pays musulmans vont nous aider à entourer la question. / In this thesis, we will focus on uderstanding the new langages adopted by the economic word in it quantity manufacturing machine. To this end, we will endeavour through ethical finance based on Islamic principles, to decipher what appear to be new expressions, reflected in a double transfer that takes places between the spirit of a capitalism whose criticism is in crisis, and the renewal of the capitalist spirit whose instruments are desperately recast in a moralization, even religious, of the sometimes most immoral acts. Thus, as with Protestants, in Isla, it is the « act of trading » that will be placed in the center of « financial » vocation, encouraged while being opposed to the act of usury (ribà in the Muslim world),it will be the basis for a religious legitimization of the existence of an islamized financial institution. We will then have to examine in greater depth, some aspects of the islamized financial industry, its birth, organisation, promoters and instruments, alarted by contradictions, inconsistencies, even incongruities, we will most often conclude with contrasts revealing contexts with irregular polisie, where often signs of alarming precariousness are clumsily tamed by a pseudo-moderity, parasiting an outdated institution in uncertain setting. Some Muslim countries will help us to sorround the issue.