The thesis is dealing with prorogation and arbitration clauses in international trade, focusing on Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis) and on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. In particular, the thesis aims to describe the procedure of valid negotiation and the formation of clauses, including the analysis of possible interpretation issues. The common objective of the prorogation clauses as a choice of court agreements and arbitration clauses, is to determine who and where should have the jurisdiction to resolve any dispute arising between the parties and to reinforce their legal certainty. The outcome of the work is therefore to verify the hypothesis that the conclusion of such clauses really strengthens the legal certainty of the parties. Regarding the prorogation clauses, the theoretical level is supplemented by a practical insight into the whole issue in the form of an analysis of the Court of Justice of the European Union case law. Regarding arbitration clauses, the aim is to provide a certain international overview, to outline generally applicable principles and to point...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:455091 |
| Date | January 2021 |
| Creators | Rubicková, Michaela |
| Contributors | Pfeiffer, Magdalena, Pauknerová, Monika |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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