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Ochrana spotřebitele v rozhodčím řízení / Protection of consumer in arbitration

1 Resumé Protection of consumer in arbitration Act No. 19/2012 Coll. or consumer amendment of Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral Awards, brings plenty of new institutes which significantly improved consumer's protection from negotiating arbitration clause over arbitration proceeding to enforcement of arbitral award. All these measures were taken to oblige the requirements of European law and the demand of the public which asked for returning of trust in arbitration just by the means of the acceptance of a new legislation, which should prevent its increasing abuse against customers. Before 1. 4. 2012 the legislation was called unsuitable (or even illegal) for the application in consumer dispute. Because the process of the exclusion of disputes with consumers turned as unfeasible, for its consequence would be enormous and unbearable strain for general court, the lawmakers turned to creating almost special consumer regime for arbitration in issues of consumer contracts. Hereby the "consumer" arbitration was significantly distinguished form general adjustment and considerable number of disadvantages was eliminated. In the conclusion, we can claim that after the April amendment the Czech legal system has comprehensive and consistent adjustment of arbitration, which includes also...

Identiferoai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:329322
Date January 2013
CreatorsPrchalová, Aneta
ContributorsMacková, Alena, Pohl, Tomáš
Source SetsCzech ETDs
LanguageCzech
Detected LanguageEnglish
Typeinfo:eu-repo/semantics/masterThesis
Rightsinfo:eu-repo/semantics/restrictedAccess

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