The thesis is dedicated to the issue of the legal status of arbitrator in international commercial arbitration. Arbitration is not a new phenomenon, much of its development has taken place in the 19th century, when alongside with arbitration ad hoc an institutional arbitration has also been created and permanent arbitration courts were established. The best known permanent arbitration court is undoubtedly the International Court of Arbitration of the International Chamber of Commerce in Paris. The first chapter focuses on the insight into the history of arbitration. Certain terms relating to arbitration are defined in the first chapter in particular the concept of international commercial arbitration. The question of arbitrability, ie. admissibility of arbitration, is also addressed there. In the second chapter the types of arbitration are analyzed - ad hoc and institutional arbitration, facultative and obligatory arbitration, traditional and online arbitration, international and domestic arbitration; as well as different types of arbitration agreements - agreement on an arbitrator, the arbitration clause, unlimited compromise, asymmetric, pathological and combined arbitration clause. The third chapter is dedicated to the advantages and disadvantages of arbitration compared to proceedings in...

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.

Financial Arbitrator The legislative introduction of the institute of Financial Arbitrator as the relevant authority for settling out-of-court disputes into Czech law is a relatively new phenomenon, and is related to the interests of consumer protection within the European Union. In particular, the interests of the European Union in this area are to reinforce consumer confidence in the financial market. Given the fact that the majority of consumer disputes are so-called petty disputes, and resolving these disputes before the national courts is too lengthy and costly for consumers, the European Union has placed a duty upon its Member States to introduce the option for consumers, in case of any possible disputes, to be able to turn to the out-of-court dispute settlement authority for assistance in selected areas of the financial market. Any proceedings heard before such authority are free-of-charge and less formalized, thus enabling consumers greater accessibility in protecting their rights against institutions operating in the financial market. The first chapter describes the reasons for the institution of Financial Arbitrator, i.e. it is exactly for the purpose of consumer protection, which should result in increased consumer confidence in the financial market, and the possibility to enforce one's...

This diploma thesis concentrates on the issue of the legal position of arbitrator in international commercial arbitration proceedings. In chapter one of the first part the author concentrates on the origins and history of arbitration proceedings and international arbitration proceedings in Greek and Roman Antiquity, in the Middle Ages, in the modern age until now. Within the historical development the thesis also describes individual international agreements which govern international commercial arbitration as such. In this chapter the author also asks fundamental questions concerning the principles of the functioning of arbitration proceedings. In its second chapter the thesis first concentrates on defining ADR and arbitration proceedings with an emphasis given on the finding of nodal points between ADR and arbitration proceedings. The author tends to the opinion that the arbitration proceedings are part of ADR. In the following part of this chapter the thesis concentrates on an analysis of the international element in contractual obligations and the elementary difference between the international arbitration proceedings and the in-country arbitration proceedings. In the first chapter of the second part the author proceeds to the analysis of fundamental requirements for the person of arbitrator....

RESUMÉ Legal status of an Arbitrator Arbitration especially in 20th century developed into a fully qualified alternative instead of solving property disputes by means of general Courts. It is necessary to point out that the aspects which differ it from civil process and frequently targets of polemics. Even though the development of the arbitration in the Czech Republic has been considerable in the last decade and both general Courts and Constitution Court has responded with sufficient intensity, there are still some areas of unstable arbitration. Arbitration comes with considerable amount of advantages in comparison with general Courts, but also it brings some topics which are often criticized. That is often caused by a specific point of view not regarding every aspect. In arbitration there is a possibility to influence composition of arbitrary forum, which is a typical example of problems coming from different adaptations. This adaptation is absolutely different from the one of trials, where on the contrary there is the rule of regular judge, which is warranted by exact definition of the matter, place and function. In arbitration both parties to a contract are allowed to choose an arbitrator regarding his qualification, specialization, professional skills and reputation which is an advantage for the...

The subject of this thesis is Institutional International Commercial Arbitration. This thesis describes the fields of arbitration in international trade, especially the status of arbitration in international trade, qualifications of the arbitrators, the arbitration clause and the course of international arbitration. They are included changes to the Arbitration Rules of the major international arbitral institutions. Further, this thesis concentrates on questions relating applicable law in international commercial arbitration, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards - the "New York" Convention and the UNCITRAL Model Law on International Commercial Arbitration.

61 Abstract The Financial Arbitrator was established on the basis of European legislation to handle consumer's disputes on the financial market fast, efficiently and free. This thesis mainly focuses on its role in payment system sector with regards to new Act on payments and was divided into three main chapters. The chapter one aims at the development of legal regulations in last fifteen years in the Czech republic and explores grounds of separation from the Czech National Bank to establish the independent institution. Handling disputes may even result into achieving an amicable settlement, albeit its natural character does not meet the requirements of Administrative Code resulting as more informal resolution. The range of clients solely entitled to submit a claim was in recent years strictly restricted to consumers although competencies of Financial Arbitrator were extended. The author also analyses rules of the proceedings and educational activities of the Financial Arbitrator to lift financial awareness of consumers. The chapter two describes individual financial services and persons authorized to provide payment services in order to specify competencies of Financial Arbitrator since the law authorizes the Financial Arbitrator to decide disputes between the consumer and payments service provider arisen...

New trends in international commercial arbitration Summary This thesis deals with two new trends of international commercial arbitration that aim at accelerating its process, namely (1) expedited arbitration and (2) institute of emergency arbitrator, and their capacity to contribute to the speed up of its process. A comparison of current provisions of these trends in arbitration rules of selected permanent international arbitration institutions was used for their analyses. The thesis is comprised of three chapters. In the first chapter, I present significant current trends that should contribute to the speed and higher effectiveness of the international commercial arbitration and identify potential pitfalls of these new trends. Consolidation of arbitration proceedings, electronic communication between the subjects of the proceedings, ethical rules, expedited arbitration and emergency arbitrator are introduced in this chapter. The second chapter further pursues the concept of expedited arbitration. It consists of two parts. The first section provides an analysis of the provisions of expedited arbitration within the arbitration rules of selected permanent international arbitration institutions that are China International Economic and Trade Arbitration Commission, Vienna International Arbitral Centre of the...