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The article discusses the Rules of the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agrarian Chamber of the Czech Republic. Notes that the provisions on obligational relations which concern the application of rights before court, court proceeding or court decisions, shall apply as appropriate to the application of rights before the Arbitration Court (arbitrator), to arbitration proceedings or to the award if they based on a valid arbitration agreement. The evidence is governed by § 20 of the Arbitration Act. The fundamental categories of evidence is documentary evidence that due to the nature of the settlement agreements, which are negotiated in arbitration, are usually sufficient to prove the facts alleged by the parties. The Act provides that evidence questioning the parties, witnesses or experts - the kind of evidence in civil proceedings before courts quite common and can say essential - potential tribunals shall be performed only if that person to control voluntarily attend and testify. Other evidence may only be used if they are provided to them. The cause of this specific adjustment during the proof is the fact that to carry out its tasks does not have an arbitrator or arbitral tribunal coercive state power for their regulation.
Nowadays, the International Arbitration Court in Paris (“the ICC Court“) is the leading arbitration institution, deciding international commercial disputes worldwide. The new ICC Arbitration Rules have entered into effect on the 1st of January 2012 („the ICC Rules“) and they are deemed to be an undisputed improvement of its older version from 1998. The new ICC Rules guarantee a quicker deciding of complex international disputes and reflect flexibly on the requirements of disputing parties in the ICC arbitration, as well as on the requests of the arbitration community. On the whole, the legislative changes in the ICC Rules may be divided into three categories. The first category consists of adaptations, focused on acceleration of the proceedings. The second category comprises new provisions, added to the rules in order to achieve a better reflection on the requests of both disputing parties and arbitrators in the contemporary ICC arbitration. All the new provisions with their main purpose, being an increase of the use of ICC Rules in the international investment arbitration, have been included in the third category of the latest amendments. These days – after two years since their adoption, the new ICC Rules are considered an important step forward, which is true, at least from the viewpoint of improving the effectiveness of the ICC arbitration. On the other hand, they are neither shorter, nor simpler, than their older version from 1998. As a result, their detailed analysis would have to be so detailed, that even a sensitive reader could get lost in it quite easily. On the contrary, a sketchy overview of the ICC Rules could turn out as insufficient and rushed. Because of this reason, a monitoring overview of the whole skeleton of rules seems to be a more suitable choice, while reviewing the latest amendments of the ICC Rules. And it is exactly the aforementioned monitoring ‘clean-cut’ through the most important changes in the ICC Rules in all above featured categories, that the following paper is aiming at, together with explaining their purpose and meaning for the international arbitration community.
The main obligation of every arbitrator, deciding the case in international commercial arbitration, has always been to decide the dispute in such manner, that it would mean a successful outcome of arbitration. This successful outcome is bound to have a form of the valid international arbitral award, which is easily recognizable and enforceable in any assumed state of its enforcement. Nowadays it is possible to state that courts, competent to permit an enforcement of foreign arbitral award are applying a positive approach, at least in states with the international commercial arbitration being a usual way of solving international commercial disputes. Among states, in which the recognition and enforcement of foreign arbitral award is refused only exceptionally, firmly stands undoubtedly the Netherlands. And it is the analysis of the complex case Yukos vs Rosneft, decided in the Netherlands, to which the two-part-long study submitted has been utterly dedicated. The first part of the study will introduce an international commercial arbitration in the Netherlands for the reader, together with characteristics of the most famous Dutch arbitration institution. The analysis of the Yukos vs Rosneft case has been included in the second part of the study. Actually, the Dutch judgments, gradually rendered in all instances of the Dutch judicial system have proved to be an illustrative example of interpretation of the New York Convention, as well as an example of application of the Dutch Act on Arbitration 1986. Far from exaggerating any point, after delving into the intricacies of the Yukos vs Rosneft case, it is possible only to predict, that nothing could have been able to diverge the reader’s attention from the fact that these judicial decisions are definitely both complicated and highly controversial in their very nature.
In the case of arbitration clauses in consumer contracts, there is a conflict of two fundamental values of private law − freedom and equality. On the one hand, arbitral prooceedings is an expression of the general freedom of contractual parties that allows an agreement about a person of arbitrator, location, procedure and form of arbitration. On the other hand, there is a consumer protection, when consumer is in a position of weaker contractual party. The author presents the nature of arbitral prooceedings, the interpretation and definition of arbitration agreement according to the national law of the Slovak republic. The author explains also methods for assessing the acceptability of the arbitration clause and methods for application of rules set in Civil Code and Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. In the case of assessing the acceptability according to general clause, the author interprets criterions of this clause, especially criterion of standard term, that has not been individually negotiated, criterion of causing significant imbalance in the partie‘s rights and obligations arising under the contract, to the detriment of the consumer. He also discusses the interpretation and possible application of the principle of good faith, which is contained in Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, but hasn´t been transformed into the Civil Code. In the case of assessing the acceptability according to the method of indicative list of terms, author explains the difference between the method of black list of unfair terms used in Civil code and the method of gray list found in Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.
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