Rozhodčí řízení v obchodním právu

Abstract

Bachelor study „Arbitration Procedure in Comercial Law“ is devoted to the way of the solution property disputes out of court – Arbitration Procedure. The initial two theorethical chapters are oriented on judical norms, which are regulated arbitration and civil law of decision making process. In case of general courts of law is the study oriented on problematic arbitration and at the interior process of arbitration. The problem of respecting and execution of the outside decisions isn’t subject of this study. The following chapter is devoted to the comparation of the arbitration and civil procedures. There is comparation of the basic atributes (as a speed, possibility of the selection of the arbiter/judge, using of the latest technologies, formality, approach of the public, competence, justice, possibility of closing the peace, foreseeability, costs of the procedure, one or two-stage procedure, way of the realize the decision). There are several forms of the solution of the justice procedures, which are completed by practical causes and afterwards evaluated advantages and disadvantages both of the procedures. The closing chapter is recomanded the decision making process to solve adequate way of decision. Recommendation is choice of arbitration making process at The permanent Court of Arbitration, which exists at Business Chamber of Czech Republic and Agrarian Chamber of Czech Republic. This recommendation is based on the many of the practical examples of this court – as a speed, informality, nonpublic, possibility of the selection of the arbiter, justice, way of execution and saving on costs. The goal of the bachelor study, which topic is very actual, was fulfilled. On the base of studies existing and powerfull legislative prescriptions, justice literature and materials published on internet pages it happened the author to be familiar with the problem, compare and recomend use of the one of the set of the possibilities how to solve juridical disputes – thorough Justice of the Peace or legal proceedings.