In the last decade, parties to arbitration agreements have attempted to broaden the scope of judicial review of arbitral awards by contract, beyond the boundaries established in international and domestic arbitration statutes. This thesis analyzes this contractual expansion of judicial review from an international perspective. To this end, the standard of judicial review under the most important international instruments pertaining to commercial arbitration is examined: the New York Convention and the UNCITRAL Model Law on International Commercial Arbitration. The study then addresses the question as to whether provisions for heightened judicial review of arbitral awards would be enforceable under the legislation of three major players in commercial arbitration: England, France and the United States. An analysis of the legitimacy of agreements that provide for expanded judicial review under the New York Convention and UNCITRAL Model Law follows. The thesis concludes with an assessment of the impact the mentioned clauses would represent for the institution of arbitration and its advantages.

Universiẗat, Diss., 2006--Regensburg.

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No description available.

Today we live in a world where international trade accounts for a significant proportion of the daily trade for an enormous number of companies and institutions. The number of international commercial deals that are made every day is countless. The sheer scale of international trade invariably results in an increase in the number of disputes between international partners. However, where there are problems, methods to resolve the disagreements will invariably appear. One of the main and mostly preferred methods is arbitration. Arbitration is preferred for it is convenient and cost-effective method to resolve disputes between business partners. Saudi Arabia has recently reformed its Arbitration Regulations through the implementation of new regulations in 2012. This replaces previous regulations dating from 1983 and the implementation rules of 1985. This thesis examines, analyses and criticises these regulations and compare them to the English and the Scottish arbitration laws. Throughout this study, the old Saudi regulations and implementation rules are examined in order to determine how the rule of arbitration worked in the country. Following this, the new regulations are presented to see what has changed and if there has been any improvement. This is subsequently followed by a discussion on the scale of the improvement and whether further improvements are required in Saudi Arabia. This thesis will also carry out a comparison with the English Act of 1996 and the Arbitration Scotland Act of 2010. The conclusion address and highlight the main differences between the regulations, when present and highlights what the Saudi legislator can benefit from the laws under consideration. One of the main aims of this study was to find if the Saudi Arbitration Regulations have improved and addressed the issues that concerned researchers and commentators in the past. The research finds that there are significant improvements in the Saudi regulations.

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...

The purpose of my thesis is to analyse and generally describe an annulment of arbitral award in international commercial arbitration. The reason for my research is an interesting topic, which has not been described in detail yet and the aim of this thesis is to look at this institute from the perspective of relevant domestic and foreign authors and legislation of various countries. Furthermore the thesis aims to highlight possible dangers which accompany the process of annulment of the award, or the process after its setting aside. The thesis is composed of six chapters, each of them dealing with different aspects of setting aside of an award in International commercial arbitration. Chapter One is introductory and describes the history, the legislation and explains advantages and disadvantages of the international arbitration as a whole. Chapter Two defines basic terminology used in the thesis. The chapter is subdivided into three parts. Part One describes arbitration and explains its main features. Part Two deals with domestic vs. international arbitration, explains the term "commercial" and foreign arbitral award vs. domestic arbitral award. Chapter three concentrates on relation between state and arbitration courts and the state's auxiliary and control function towards the arbitration. Chapter...

This diploma thesis named The Comparison of Media Image of Czech film awards - The Czech Lion and The Czech Film Critics Award in years 2011 - 2013 analyses the media image of those film awards in printed media. As a method is used the qualitative analysis - the Grounded theory and research is made from four types of media - newspapers, weeklies, cultural magazines and tabloids. The aim of this diploma thesis is comparison of articles about those awards and evaluation of Czech cinematography's media image through czech film awards.

O tema proposto para o presente estudo gravitou ao redor da relação arbitragem e execução no direito brasileiro. A primeira parte dedicou-se ao estudo da arbitragem e da convenção de arbitragem e da sentença arbitral, de modo a situar o tema, destacando as principais características que acabam por refletir no tema da execução. Após, foi analisada a execução da sentença arbitral, nacional e estrangeira, bem como a possibilidade de ser proferida a sentença arbitral parcial e como se dá sua execução. Ademais, verificou-se a necessidade de prévia homologação da sentença arbitral estrangeira para que possa ser executada no país. Ato contínuo, demonstrou-se a execução de medidas liminares concedidas pelo árbitro e a possibilidade do árbitro determinar medidas de apoio de natureza coercitiva. Também, analisou-se a sentença arbitral ilíquida e a necessidade do procedimento de liquidação antes de sua execução perante o Poder Judiciário. Em um terceiro momento dedicou-se a análise dos meios de defesa do executado na execução da sentença arbitral e demais formas de impugnação desta, notadamente a ação anulatória. Verificou-se a possibilidade de a impugnação ser utilizada como meio de anulação da sentença, desde que respeitado o prazo decadencial de noventa dias estabelecido na lei, o que também é aplicado no caso de execução de sentença parcial. Posteriormente, analisouse a execução do título executivo extrajudicial em que foi previsto convenção de arbitragem, concluindo-se pela impossibilidade do uso dos embargos do devedor para discussão do mérito e a necessidade de instauração da arbitragem. / The theme proposed for this study revolves around the relationship between arbitration and enforcement under Brazilian law. The first part was dedicated to the study of arbitration and arbitration agreements and of arbitral awards, so as to set the bases for this dissertation, highlighting the main characteristics that eventually have reflections in enforcement. Afterwards, the enforcement of national and foreign arbitral awards was analysed, along with the possibility of rendering partial awards and how their enforcement is carried out. Furthermore, the necessity of recognising a foreign award prior to its enforcement in Brazil was acknowledged. Subsequently, the enforcement of preliminary measures granted by arbitrators and the possibility of an arbitrator granting coercive and supportive measures were demonstrated. In addition to that, awards passed with no fixed amount and the necessity of the fixation of such amount prior to their enforcement in court were analysed. In its third stage, this dissertation was dedicated to reviewing defence mechanisms for the debtor in proceedings for the enforcement of arbitral awards and further objections thereto, namely the motion to set aside arbitral award. The possibility of the objection to enforcement be utilised as a setting aside mechanism was confirmed, as long as the limitation period of ninety days set forth in law is observed, which is also applied to the enforcement of partial awards. Eventually, the enforcement of extrajudicial deeds in which an arbitration clause is inserted was analysed, and the conclusion was that the filing of a motion to stay enforcement in order to discuss the merits of the case was found to be inadmissible, as in that scenario, initiating arbitral proceedings is necessary.

The diploma thesis deals with czech literary prizes in 21th century. It creates typology of present literary awards in the Czech republic. It deals with State national award for literature, Award of Jaroslav Seifert and Magnesia Litera in detail. For these three prizes it lists their characteristics, history, the winners, the jury and the voting system. Medial reflection of the particular year is presented for each induvidual award for the period 2000-2013. The diploma thesis deals with the trends and phenomenons of these three selected awards. These trends and specific phenomenons are compared each other at the end.