81 Alternative dispute resolution in international sport with the emphasis on the Court of Arbitration for Sport Key words: alternative dispute resolution, Court of Arbitration for Sport, UNCITRAL Abstract The goal of this thesis is to introduce basic methods for alternative dispute resolution currently available in the area of sport on the international level. First chapter deals generally about the term of alternative dispute resolution, reasons of its growing popularity particularly in the sporting sphere, its advantages and the perception of its use worldwide. The second chapter comprises a detailed analysis of now probably the most important institution in the field of alternative dispute resolution in sport, which is the Court of Arbitration for Sport (CAS) with its seat in Lausanne, Switzerland. After more than 30 years of its existence, this institution is already an established brand that offers solutions to disputes within sport, primarily through arbitration. This takes place either within the Ordinary Division or the Appeals Division of the Court. Detailed description of the proceedings in disputes of this kind is the main part of this chapter, supplemented with practical findings. Special branch of arbitration offered by CAS is the resolution of disputes on major sporting events such as the...

Katarína Jakabová Abstract ABSTRACT Procedural aspects of the dispute settlement in international economic law The dispute settlement in the international economic law of nowadays takes place under more institutionalized mechanism as in the past half-century. The aim is clear: better enforceability of the law (of the award) based on the fast and efficient "under one roof" procedure. This thesis focuses on the procedural aspects of the dispute settlement within the World Trade Organization (WTO), the International Centre for Settlement of Investment Disputes (ICSID) and the North American Free Trade Agreement (NAFTA). Each of these three organizations has its own special dispute settlement procedure, which is above all distinctive from the international trade law by having at least one (member) state as a party to a dispute. I have chosen WTO because it regulates the disputes on a state-state level arising from all the WTO agreements between all WTO members, which makes it the biggest (and very effective, let's admit) dispute settling platform worldwide. ICSID is the first and most popular mixed arbitration allowing a non-state party (an investor) to be a party to a dispute. And finally, NAFTA, even if it is on a substantial level complementing the WTO agreements, represents their competitive version on the...

DIPLOMA THESIS Denisa Budilová : Institutional framework of alternative dispute resolution in sport ABSTRACT The aim of this thesis is description and analysis of institutional framework, through which sport disputes are solved outside the State courts' jurisdiction. The thesis also delimits mutual relation between jurisdiction of sport organisations' bodies on one hand and State courts' jurisdiction on the other hand. The text is divided into seven chapters. A brief introduction is followed by second chapter, in which I focus on sport in general, its relations to law, I am exploring relations that may arise within the sport, and outlining on several examples what disputes may arise from those relations. Separate subsections are devoted to normative regulation of sport's relations and question of sports law. Third chapter is focused on Czech legislation on alternative dispute resolution in sport. I particularly deal with possibilities of alternative dispute resolution according to the Czech Arbitration Act (1994). The following section deals with dispute resolution based on sport associations' autonomy; I focus on current legislation and related case-law, as well as on proposed legislation to be enacted with respect to ongoing recodification of Czech private law. Fourth chapter provides an analysis of...

The diploma thesis deals with domestic arbitration proceedings in the Czech Republic. The topic has been chosen by the author because the arbitration could have a big potential as it is a mechanism which is well adaptable to individual needs of parties. During last few years it has became evident that the arbitration is being abused by some subjects and the substantive law protection of some subject is circumvented by arbitration. Thus, the reputation of arbitration has been damaged. The aim of the thesis is to examine eventual limits of application of domestic arbitration, the possibilities of abusing it and law tools aiming to protect against the abusing. In the introduction the author's opinion is introduced stating why the domestic arbitration is different from international arbitration. The author notes that the traditional mechanism of domestic dispute resolution is court proceedings. The same could not be said about international dispute resolution. Furthermore, the author argues that in international relations there is applied wider autonomy of will of the parties than in domestic relations. Also the bodies acting in international arbitration have significantly better reputation and credibility. There are also not differences between various law orders in domestic relations and the consumer...

1 Resolving investment disputes from the perspective of case- law of international arbitration courts The purpose of my thesis is to analyse actual questions of international investment dispute resolution. In this research I would like to stress the differences between the institutional investment arbitration and the ad hoc investment arbitration while focusing on the ICSID Arbitration according to The Convention on the Settlement of Investment Disputes between States and Nationals of Other States followed by the Rules of Procedure for Arbitration proceedings and on the ad hoc arbitration according to the 1976 - UNCITRAL Arbitration Rules, as these two proceedings represent the most common modes of international investment dispute resolution. All my findings are going to be supported by relevant case-law of individual arbitration courts or by specialized publications. The thesis consists of three chapters. Chapter One is introductory. It contains a simple analysis of what an international investment dispute means. This introduction is followed by a brief description of the history of international investment dispute resolution and of the modes of an international investment dispute resolution. The findings of this chapter are based on the comparison of provisions of the bilateral investment treaties...

The subject matter of this dissertation entitled "Dispute Settlement System in the World Trade Organization, developments and future prospects" is to examine dispute settlement system in the world trade, since the establishment of the World Trade Organization's predecessor - the GATT, until now. Besides the historical introduction into the area, the dissertation provides a comparison of these two consecutive systems and their main goals. Using available corresponding case law provided by panels and the Appellate Body, this dissertation covers the procedures and principles based on which the dispute settlement system currently stands. The secondary but not less important topic are the developing countries, their role in the system and inequality of the system related thereto. This inequality of the system lies mainly in the compliance issues. The dispute settlement system includes certain remedies in order to enforce the decisions and recommendations of the respective tribunals, but it is fair to say that they are not effective enough and tend to favour the developed countries. This dissertation also tries to find the solutions to the listed problems, mainly from the perspective of a proper compliance.

International Dispute Settlement - selected aspects Abstract This diploma thesis deals with selected aspects of the international dispute settlement not only in current international public law but also in its history. The thesis is divided into five chapters which are also further divided into a number of subchapters depending on the complexity of each topic. The first chapter is dedicated to the definition of international dispute. Apart from that the chapter also deals with the obligation of states to settle their disputes and to settle them by peaceful means. The historical background of the international dispute settlement is described in the second chapter. Important events such as Hague Peace Conferences, founding of the League of Nations, the Briand-Kellog Pact and founding of the United Nations among others are all mentioned in this chapter because of their impact on the course of this field of international relations. The third chapter focuses on the analysis of the principle of the peaceful settlement of disputes and its link to other related principles of international law. The fourth chapter is dedicated to individual means of peaceful settlement. Every method is described individually, with a brief historical background, comparison to other methods and analysis of the application on specific...

This diploma thesis deals with mediation as an instrument for ethnic conflict resolution in Africa. The author determined the feasibility and effectiveness of mediation as a tool for solving the ethnic conflict in Africa as the research topic of this thesis. The aim of the diploma thesis is to provide an evaluation of the current international legal regulation of mediation, of its sufficiency and integrity. Furthermore, the author aims to provide a comprehensive and complex view of the use of mediation in ethnic conflict resolution in Africa through an interdisciplinary analysis of the academic literature, both from Czech and foreign sources. The author sees her personal contribution by writing this thesis in the fact that in the Czech Republic the issue of mediation as a tool for ethnic conflict resolution has not been systematically researched yet. This diploma thesis is divided into four chapters, which are further subdivided into subchapters. The introductory chapter of this thesis describes a theoretical introduction to the issue of ethnicity and its legal regulation. Furthermore, the author deals with the origins of ethnic conflicts. The second chapter deals with the legal framework for international settlement of conflicts. This chapter also discusses in detail the various possible ways of...

A globalização trouxe a necessidade de integração dos Estados. No século passado assistimos à mudança na atitude dos Estados, que não puderam permanecer isolados. Com isso, baseado no Direito Internacional vários países se reuniram em bloco para estabelecer relações econômicas ,como forma de incentivar o comercio.O Mercosul se constituiu como bloco, o qual ainda está em formação cujo objetivo é o aprofundamento do livre comercio. A fontes jurídicas do Mercosul podem ser dividas em direito originário, direito derivado e fontes jurídicas complementares. Enquadra-se nessa última classificação os princípios do Direito de Integração que embasam as decisões proferidas no âmbito do Sistema de Solução de Divergência do Mercosul. Sua utilização é amplamente difundida pois ao se realizar a formação de um bloco se estabelecem elementos econômicos, jurídicos e políticos para o seu desenvolvimento, e assim, instituem-se os fundamentos do sistema comunitário,os quais serão utilizados pela jurisprudência como princípios norteadores. A interpretação teleológica vem sendo utilizada nos laudos proferidos pelos Tribunais do Sistema de Solução de Divergência do Mercosul justamente para dar sentindo à normativa do bloco aplicando-se os princípios norteadores da integração, sempre buscando, assim, os objetivos e fins dos Tratados constitutivos do bloco como função interpretativa. Concluindo, a meta é conferir eficácia às normas o que possibilitará a persecução da evolução e o aprofundamento da integração do bloco. / Globalization has called for greater integration between the States. The past century witnessed a change in the behavior and policies of States, which were unable to remain isolated. In light of this scenario, and based on International Law, several countries gathered in blocs to build intertwined economic relations as a means of fostering trades between them. In this context, Mercosur has been organized as a trade bloc to strengthen trade relations between its member countries. The legal sources of Mercosur may be divided into basic law, derivative law, and supplemental sources of law. This latter element comprises the principles of Integration Law that serve as grounds for decisions rendered within the ambit of the Mercosur Dispute Resolution Body. Resorting to such principles is deeply encouraged because, in creating a trade bloc, it is necessary to establish the economic, legal and political elements for its development, which will in turn translate into the fundamental aspects for the community system, such aspects being eventually adopted by court rulings as a guidepost. Teleological interpretation has been adopted in the rulings handed down by the Tribunals of the Mercosur Dispute Resolution Body to give proper meaning to the Mercosur set of normative rules, and the guiding principles of integration are being applied to that end, always aimed at attaining the purposes and objectives of the Mercosur Treaties for construction purposes. Consequently, the objective is to give efficacy to said rules, which will ultimately enable the trade bloc to evolve and deepen its integration purposes.

University of Macau / Faculty of Law