Orientador: Ettore Bresciani Filho / Dissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Engenharia Mecanica / Made available in DSpace on 2018-08-03T18:25:29Z (GMT). No. of bitstreams: 1 Bacelar_SoniaReginaBarreto_M.pdf: 1511640 bytes, checksum: f9e59789da07bd444f6fc9340c82cb74 (MD5) Previous issue date: 2003 / Mestrado

77 Resumé The topic of this thesis is Relation between Arbitration proceedings and Rules of Civil Procedural Law. The thesis focuses on arbitration regulated by Act No. 216/1996 Coll., On Arbitration Proceedings and Enforcement of Arbitral Awards and looks for similarities in the proceedings in front of the ordinary courts, which is primarily regulated by the Act no. 99/1963 Coll., Civil Procedure Code. Arbitration uses provisions of the Civil Procedure Code in cases where the legislation provided by Act. No. 216/1996 is missing completely or is not sufficient. The work is divided into seven main chapters, which are further divided into sub- chapters. The first chapter describes rules for procedural managements of the arbitration proceedings. It draws attention to the legal possibility for the parties to agree on their own rules of procedure in the management and suggests that the parties' agreement may also directly refer to the legal provisions of the court proceedings. The next two chapters deal with theoretical introduction to the use of the Code of Civil Procedure in arbitration. They analyze the possibility of using the Civil Procedure Code from the perspective of the two major theoretical concepts of arbitration and define grammatical and teleological meaning of the provisions of the Arbitration Act...

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...

Title: Kreativ reklam. En bra idé? (Creative advertising. A good idea?) Author: Evelina Karlsson Tutor: Larsåke Larsson Course: Bachelor Thesis: Media and Communication Purpose: The purpose of this study is to, through qualitative studies inquire creative prized advertise in Sweden to see which influence creativity have on both creative director and the audience. The questions are: * Which influence does creativity have on advertising? * What are differences between prized advertisements and those that have not won any prizes? * What opinion does the public have on creative advertising? Theory and previous research: The theoretical foundation of this essay is based on American studies of creative advertising. Theories regarding the public opinion on advertise is also included in the theoretical framework. Material and method: The method of the study is qualitative interview. Four personal interviews with creative directors and two focus-group interview have been done with students of mixed age and gender. The material consists of five creative adverts, prized during the twenty-first century in "Guldägget" ("the golden eggs"), a Swedish advertising competition. Result: Despite of the fact that the previous studies are critical; this study shows a constructive attitude to creative advertising by making it easier and funnier to absorb. The conditions are that creativity has to be rightful proportioned and not too poetical, otherwise it can prevent the recipient from getting the message. Keywords: Advertising agencies, Award winner, Creative ability, Audience attitude.

The objective of this diploma thesis is to map the opinions of organisations and the public on the value and benefits of the National Quality Award of the Czech Republic based on the realised survey. The results of this survey are used to reason the suggestions to improve the importance of the prize and its perception in the society. Apart from the general quality conception, the theoretical part of the thesis also includes the presentation of the EFQM Excellence Model principle that represents a base for the National Quality Award of the Czech Republic. The particular programmes of this prize are also presented - the ones the organisations may apply for. The practical part contains the analyses and data evaluations from the questionnaires that were answered by organisations as well as the respondents from the public. The practical part also includes the review of the quality prizes awarded abroad.

Helen Grange profiles four women who've fearlessly taken on the complex predominantly male-dominated field of science.

South Africa’s employment law has undergone more frequent and dynamic changes than any area of the law, in recent years. The ability of employers and employees to regulate their respective rights and duties vis-à-vis each other by independent agreement has been progressively whittled down by statutory intervention. In so limiting the capacity of parties to the employment relationship to regulate the nature of their relationship, South Africa has followed development in Western industrialised nations. Against this background, the drafters of the Labour Relations Act1 (LRA), as amended, proposed a comprehensive framework of law governing the collective relations between employers and trade unions in all sectors of the economy. The LRA2 created a specialised set of forums and tribunals to deal with labour and employment related matters. It established Bargaining Councils, the Commission for Conciliation Mediation and Arbitration (CCMA), the Labour Court (LC) and the Labour Appeal Court (LAC). It also created procedures designed to accomplish the objective of simple, inexpensive and accessible resolution of labour disputes. In redesigning labour law, the legislature decided that some disputes between employers and employees should be dealt with by arbitrators and others by judges. It is this distinction that resulted in the creation of the CCMA and the Labour Court to perform arbitration and adjudication respectively. The result of adjudication is generally subject to appeal to a higher court. The result of arbitration is generally subject to review. Arbitration was given statutory recognition in South Africa by the Arbitration Act3. That Act provides a framework within which parties in dispute may if they wish appoint their own “judge” and supply him or her with their terms of reference tailored to their needs. With the foregoing in mind, the purpose of this work is the provision of a selection of landmark cases that dealt with the review function of CCMA awards. This selection 1 Act 66 of 1995 as amended comprises of landmark judgments of the different courts of the land. The study uses, as it departure point, legislative framework to elicit the extent to which review is extended to the litigants. Apart from looking at the legislative provisions towards review grounds, reference is made to specific landmark judgments that have an effect on this subject in order to provide a comprehensive and explicit picture of how CCMA arbitration awards may be taken on review. This study focuses on substantive law developed by the Labour Court, High Court, Supreme Court of Appeal and finally the Constitutional Court. This is informed by the very nature and scope of the study because any concentration on procedural and evidentiary aspects of review could lead to failure to achieve the objectives of the study. It looks at specific South African case law, judgments of the courts and the jurisprudence in the field of employment law so that the reader is presented with a clearer picture of recent developments in addressing review of arbitration awards. The concluding remarks are drawn from a variety of approaches used by the authorities in the field of employment law in dealing with review of CCMA arbitration awards and issues for further research are highlighted.

In South Africa, the Labour Courts have experienced an important and continuing controversy regarding the permissible scope of judicial review of arbitration awards of the Commission for Conciliation Mediation and Arbitration (“CCMA”) in terms of section 145 of the Labour Relations Act 66 of 1995 (“LRA”). Section 145(1) of the LRA specifically provides that arbitration awards, generally considered final and binding, can be reviewed and set aside by the Labour Court on the basis of a defect as defined in section 145(2)(a) and (b). These defects are not prescribed in an open-ended manner but limited to decisions involving allegations of misconduct by the commissioner in relation to his or her duties, a gross irregularity in the conduct of the proceedings and/or allegations that the commissioner exceeded his or her powers or that the award was improperly obtained. Unreasonableness and/or irrationality are not included within the scope of a defect as per section 145(2)(a) and (b). Initially, Carephone (Pty) Ltd v Marcus NO & others 1998 11 BLLR 1093 (LAC) found that the interpretation of section 145 was influenced by rational justifiability in accordance with the right to just administrative action as provided for in section 33, read with item 23(2) of Schedule 6, of the Constitution of the Republic of South Africa, 1996 (‘the 1996 Constitution’). Today, leading precedent in the form of Sidumo & another v Rustenburg Platinum Mines Ltd & others 2007 12 BLLR 1097 (CC) dictates that section 145 of the LRA is suffused by reasonableness in accordance with the right to just administrative action as provided for in section 33 of the 1996 Constitution. The ultimate enquiry is whether the arbitration award is one that a reasonable decision-maker could reach as articulated in Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and others 2004 4 SA 490 (CC). However, the enquiry into the reasonableness of a decision is indistinct. As a result, the Labour Courts have struggled to apply the concept of reasonableness in a consistent manner. This thesis seeks to identify the proper role of reasonableness in the judicial review process, including identifying factors that would assist in recognising an unreasonable decision. Relevant principles of judicial review in South Africa in the general administrative law context are considered and distinguished from the process of appeal. An assessment of English case law and commentary in the field of both administrative and employment law is conducted. Finally an extensive examination of South African case law and commentary on the subject, both pre- and post Sidumo, is undertaken. The English law approach is found to provide greater clarity to the interpretation of reasonableness in South African labour law in several respects.

In Europe of the Middle Ages, there existed an autonomous regime of truly private international business law based upon the customs and usages of merchants, the Law Merchant, administered in lay tribunals. The courts and legislators usurped the jurisdiction of the lay tribunals, and subverted the Law Merchant to municipal law. Arbitration was similarly subverted to municipal courts and strict legal controls. The courts continued to guard their jurisdiction jealously into the 20th century, when nations came to realize the inadequacy of national legal systems for international business problems, and the desire of business to escape parochial legal concerns and municipal courts. Canada adopted the New York Convention and UNCITRAL Model Law in 1986, which maximize party and arbitral autonomy and restrict court interference with arbitration. These new laws would permit the resurrection of an autonomous regime of international commercial dispute settlement largely divorced from national law and court controls, if the courts cooperate. This thesis is the first comprehensive, up-to-date study (of which I am aware) of Canadian case law on arbitration in the context of the history of autonomous commercial dispute resolution from the its zenith in the Middle Ages through its nadir, to its present attempted resurrection. This thesis shows that the courts of Canada continue to guard their jurisdiction jealously, finding the means in old notions and precedents to justify their refusal to cede jurisdiction to arbitrators. The courts have ignored the policies underlying the new laws, have failed to apply international precedents and standards, and have continued to apply notions and precedents from an era hostile to arbitration. / Law, Peter A. Allard School of / Graduate