"COFOLA INTERNATIONAL 2016. Resolution of International Disputes Public Law in the Context of Immigration Crisis
"COFOLA INTERNATIONAL 2016. Resolution of International Disputes Public Law in the Context of Immigration Crisis
Contributor(s): Klára Drličková (Editor), Tereza Kyselovská (Editor)
Subject(s): Politics / Political Sciences, Politics, Social Sciences, Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, Public Law, Sociology, International relations/trade, Migration Studies, EU-Accession / EU-DEvelopment, Ethnic Minorities Studies, EU-Legislation, Commercial Law
Published by: Masarykova univerzita nakladatelství
Keywords: International Commercial Arbitration; International disputes; Case law; National Courts; WIPO Arbitration Rules; European Public Policy; Public law; Immigration crisis;
Summary/Abstract: The conference “COFOLA = Conference for Young Lawyers” is annualy organized by the Masaryk University, Faculty of Law from 2007. The main aim of this conference is to give floor to the doctoral students and young scientists at their early stage of career and enable them to present the results of their scientific activities. Since 2013 COFOLA has been enriched by special part called “COFOLA INTERNATIONAL”. COFOLA INTERNATIONAL focuses primarily on issues of international law and the regulation of cross-border relations and is also oriented to doctoral students and young scientists from foreign countries.
- E-ISBN-13: 978-80-210-8682-1
- Page Count: 334
- Publication Year: 2016
- Language: English
Legal Basis of Parties’ Duty to Maintain Confidentiality in International Commercial Arbitration
Legal Basis of Parties’ Duty to Maintain Confidentiality in International Commercial Arbitration
(Legal Basis of Parties’ Duty to Maintain Confidentiality in International Commercial Arbitration)
- Author(s):Klára Drličková
- Language:English
- Subject(s):International Law, International relations/trade, Commercial Law
- Page Range:21-37
- No. of Pages:17
- Keywords:International Commercial Arbitration; Confidentiality; Legal Basis; Privacy;
- Summary/Abstract:Confidentiality is traditionally taken as one of the main advantages of arbitration and is often automatically connected with it or it is simply assumed. However, there are lot of questions that remain unsettled. One of key issues is the legal basis of parties’ duty to maintain confidentiality in international commercial arbitration. The aim of this paper is to analyse the legal basis of the parties’ obligation to maintain confidentiality. At present, it is widely accepted that notions privacy and confidentiality have different meanings and the privacy itself does not ensure confidentiality of arbitration. In various jurisdictions, three positions as to what can constitute the legal basis of the parties’ duty to maintain confidentiality occur.
Immunity Defences in Enforcement Proceedings Concerning Awards Rendered in International Commercial Arbitration Involving States and State Entities
Immunity Defences in Enforcement Proceedings Concerning Awards Rendered in International Commercial Arbitration Involving States and State Entities
(Immunity Defences in Enforcement Proceedings Concerning Awards Rendered in International Commercial Arbitration Involving States and State Entities)
- Author(s):Anita Garnuszek
- Language:English
- Subject(s):International Law, Commercial Law
- Page Range:38-54
- No. of Pages:17
- Keywords:International Commercial Arbitration; State Entities in Arbitration; Enforcement Proceedings;
- Summary/Abstract:Issue of state immunity against enforcement of arbitral awards in investment arbitration has always raised many concerns, especially among investors who could not be certain, whether they would receive what has been awarded to them by the arbitral tribunal. However, the purpose of this paper is to answer the question whether immunity defence may be similarly invoked in enforcement proceedings concerning awards rendered in international commercial arbitration involving states and state entities.
Evidence Taking in International Commercial Arbitration: A Clash of Legal Cultures
Evidence Taking in International Commercial Arbitration: A Clash of Legal Cultures
(Evidence Taking in International Commercial Arbitration: A Clash of Legal Cultures)
- Author(s):Slavomir Halla
- Language:English
- Subject(s):Civil Law, International Law, Commercial Law
- Page Range:55-71
- No. of Pages:17
- Keywords:Discovery; Document Production; International Commercial Arbitration; Setting Aside of Arbitral Award;
- Summary/Abstract:Taking of evidence represents a crucial step in any legal proceeding. Nation allaws on procedure commonly contain a detailed list of rules relating to evidence taking and their evaluation. However, if one considers international commercial arbitration such a list does not exist. Among various reasons, one is simple a different point of origin when the court or tribunal assesses evidence and the scope of its taking.
Case Law of the National Courts Regarding the “Non-signatories”
Case Law of the National Courts Regarding the “Non-signatories”
(Case Law of the National Courts Regarding the “Non-signatories”)
- Author(s):Miloslav Kabrhel
- Language:English
- Subject(s):International Law, Government/Political systems, Commercial Law
- Page Range:72-85
- No. of Pages:14
- Keywords:Enforcement of Arbitral Award; Competence-Competence; New York Convention; Non-signatories;
- Summary/Abstract:The notion of “non-signatories” has been recently heavily discussed in the area of international commercial arbitration. The aim of this paperis to analyse selected case law of the national courts regarding this topic and to describe the approach these institutions took to it during the recognition and enforcement proceedings.
Application of European Insolvency Law in Arbitration Proceedings
Application of European Insolvency Law in Arbitration Proceedings
(Application of European Insolvency Law in Arbitration Proceedings)
- Author(s):Silvie Mahdalová
- Language:English
- Subject(s):International Law, EU-Accession / EU-DEvelopment
- Page Range:86-99
- No. of Pages:14
- Keywords:Insolvency Regulation; Arbitration; Insolvency Proceedings; Recognition; Cross-Border Element; Applicable Law;
- Summary/Abstract:Under Article 16 and 17 of the Council Regulation (EC) No 1346/2000, on Insolvency Proceedings, insolvency proceedings opened in territory of one Member State of the EU have universal effects within all other Member States. Pursuant to Article 4 of the Insolvency Regulation, law governing the proceedings shall be the law of the state in which the proceedings are opened. However, the Insolvency Regulation states few exemptions from this general rule. In compliance with Article 15 of the Insolvency Regulation, effects of the insolvency proceedings on a lawsuit pending in other member state are governed by the law of the state in which the lawsuit is pending. This conflict-of-law rule covers also pending arbitration.
New Phenomenon of Emergency Arbitration in International Commercial Arbitration and Position and Powers of Emergency Arbitrator Under the ICC Arbitration Rules 2012
New Phenomenon of Emergency Arbitration in International Commercial Arbitration and Position and Powers of Emergency Arbitrator Under the ICC Arbitration Rules 2012
(New Phenomenon of Emergency Arbitration in International Commercial Arbitration and Position and Powers of Emergency Arbitrator Under the ICC Arbitration Rules 2012)
- Author(s):Ľubica Martináková
- Language:English
- Subject(s):International Law, Commercial Law
- Page Range:100-115
- No. of Pages:16
- Keywords:International Commercial Arbitration; Emergency Arbitration; Arbitration Rule;
- Summary/Abstract:In recent years, we have witnessed significant amendments to arbitration rules of well-known arbitration institutions such as ICC, SCC, London Court of International Arbitration and others with aim to reflect on new technical developments of this fast-growing area of law and to react on the actual needs of parties to a dispute. One of the most significant changes brought by these amendments is the introduction of a phenomenon of emergency arbitration proceedings that builds and definitely improves the previous concepts.
A Few Remarks on Enforceability of Unilateral Dispute Resolution Clauses Involving Arbitration
A Few Remarks on Enforceability of Unilateral Dispute Resolution Clauses Involving Arbitration
(A Few Remarks on Enforceability of Unilateral Dispute Resolution Clauses Involving Arbitration)
- Author(s):Aleksandra Orzeł
- Language:English
- Subject(s):Civil Law, International Law, International relations/trade
- Page Range:116-133
- No. of Pages:18
- Keywords:Unilateral Dispute Resolution Clause; Arbitration Agreement; Equality of the Parties;
- Summary/Abstract:Unilateral dispute resolution clauses, which are also known as “optional” or “asymmetrical” clauses, provide only one party with the right to refer a particular dispute to another dispute resolution forum than primarily agreed between the parties. Wording of such clauses vary a lot, thus one can distinguish between different types of unilateral clauses. There are unilateral jurisdictional clauses which offer one party the choice between various state courts. However, more often “optional clauses” involve arbitration as either the default dispute resolution mechanism, or an option reserved for one party only.
Determining Applicable Law Pursuant to WIPO Arbitration Rules - Disputes Concerning Licence Agreement
Determining Applicable Law Pursuant to WIPO Arbitration Rules - Disputes Concerning Licence Agreement
(Determining Applicable Law Pursuant to WIPO Arbitration Rules - Disputes Concerning Licence Agreement)
- Author(s):Mária Pastorková
- Language:English
- Subject(s):International Law, Evaluation research
- Page Range:134-149
- No. of Pages:16
- Keywords:Applicable Law; Arbitration; Intellectual Property; Licence Agreement; WIPO Arbitration Rules;
- Summary/Abstract:World Intellectual Property Organization (“WIPO”) created rules for the arbitration proceedings in intellectual property disputes. The WIPO Arbitration Rules include important norms, e.g. how to determine applicable law. The aim of this paper is to examine the concept of determining applicable law according to the WIPO Arbitration Rules and especially in the disputes concerning licence agreement. Licence agreements can differ from each other based on the different approaches and this can influence also the applicable law for the dispute.
Questions about the Differences between Protection of Consumer and Worker from the Perspective of International and Czech Arbitration
Questions about the Differences between Protection of Consumer and Worker from the Perspective of International and Czech Arbitration
(Questions about the Differences between Protection of Consumer and Worker from the Perspective of International and Czech Arbitration)
- Author(s):Kateřina Remsová
- Language:English
- Subject(s):Constitutional Law, Civil Law, International Law, EU-Legislation
- Page Range:150-166
- No. of Pages:17
- Keywords:Czech Arbitration Act; Arbitration in Employment Relationship; Consumer Arbitration; Employment Disputes of Property Nature; Protection of Employee;
- Summary/Abstract:Paper deals with different approaches to consumers and employees in terms of the protection granted to them in domestic and international arbitration. Czech Arbitration Act applies to both domestic and international arbitration and assumes standards of consumer protection of the EU law into the consumer arbitration. However, this act provides no protection forthe employees. In the paper on the last year of this conference I addressed the issue of arbitrability of individual employment disputes and I concluded that employment disputes of property nature only are arbitrable.
European Public Policy and International Commercial Arbitration
European Public Policy and International Commercial Arbitration
(European Public Policy and International Commercial Arbitration)
- Author(s):Iva Šimková
- Language:English
- Subject(s):International Law, Government/Political systems, EU-Legislation, Commercial Law
- Page Range:167-178
- No. of Pages:12
- Keywords:Arbitration; European Public Policy; New York Convention;
- Summary/Abstract:European public policy could be described as a summary of core values of EU law. It is a legal category derived mostly from case law of the Court of Justice. The exact determination of European public policy still remains an open question. According to CJEU case law European public policy creates a part of national public policies of Member States and needs to be considered while annulling and refusing recognition of arbitral awards.
Evidence in Arbitration Proceedings
Evidence in Arbitration Proceedings
(Evidence in Arbitration Proceedings)
- Author(s):Lucie Zavadilová
- Language:English
- Subject(s):International Law, Commercial Law
- Page Range:179-194
- No. of Pages:16
- Keywords:Arbitration Proceedings; IBA Rules of Evidence; Procedural Rules; Taking of evidence, Videoconferencing;
- Summary/Abstract:The taking of evidence constitutes a crucial part of arbitration proceedings. National courts generally follow elaborate rules governing the evidence taking. However, there are no strict rules of evidence in arbitration. Most modern arbitration statutes and arbitration rules now include a provision giving the parties freedom to lay down the rules for the taking of evidence. Failing such agreement, the provision grants the arbitral tribunal a wide discretion to determine all procedural matters.
Provision on Application of Other Rules in Bilateral Investment Treaties
Provision on Application of Other Rules in Bilateral Investment Treaties
(Provision on Application of Other Rules in Bilateral Investment Treaties)
- Author(s):Ivan Cisár
- Language:English
- Subject(s):International Law
- Page Range:196-214
- No. of Pages:19
- Keywords:Bilateral Investment Treaties; Application of Other Rules;
- Summary/Abstract:The content of bilateral investment treaties is to the great extend standardized. One of the provisions that are regularly included into the bilateral investment treaties concerns “application of other rules”. Although, the provision itself is raised by investors or host states in investment arbitration sparsely, it has been raised by the investors to overcome negative decisions on more standard provisions under the bilateral investment treaties.
The New EU Proposal to ISDS System – Opportunity or Blind Alley?
The New EU Proposal to ISDS System – Opportunity or Blind Alley?
(The New EU Proposal to ISDS System – Opportunity or Blind Alley?)
- Author(s):Tomáš Kozárek
- Language:English
- Subject(s):International Law, EU-Accession / EU-DEvelopment, EU-Legislation
- Page Range:215-226
- No. of Pages:12
- Keywords:ISDS; Investment Court System; New Eu Approach; Right to Regulate;
- Summary/Abstract:The public and NGO’s have been strongly criticizing current system of ISDS in the last few months. They reproach ISDS for non-transparency and discrimination in favour of investors. The European Commission responded to this criticism by proposing new approach to ISDS system. This new approach has established few revolutionary changes whose influence to ISDS system is not quite clear.
European Union Law and the International Investment Arbitration
European Union Law and the International Investment Arbitration
(European Union Law and the International Investment Arbitration)
- Author(s):Ivan Puškár
- Language:English
- Subject(s):International Law, EU-Legislation
- Page Range:227-236
- No. of Pages:10
- Keywords:EU Investment Law; Investment Arbitration; Intra-EU BITs;
- Summary/Abstract:This article analyses if and in which direction investment tribunal in intra-EU investment arbitration would apply EU law and if it could at least take it into account by decision making process. It considers three approaches in which EU law and its rules could be relevant. First, EU law is a system based on international treaties, and is therefore a part of international law.
The Energy Charter Treaty: Renewable Energy Disputes in Light of the Charanne Case
The Energy Charter Treaty: Renewable Energy Disputes in Light of the Charanne Case
(The Energy Charter Treaty: Renewable Energy Disputes in Light of the Charanne Case)
- Author(s):Martin Švec
- Language:English
- Subject(s):Energy and Environmental Studies, International Law, Environmental and Energy policy, International relations/trade
- Page Range:237-252
- No. of Pages:16
- Keywords:Renewables; Energy Law; Energy Charter Treaty; Dispute Settlement; Investment Law; EU;
- Summary/Abstract:In order to reach Energy targets set by the EU and to attract foreign investments in energy sector, Member States of the EU adopted various measures such as direct or indirect support lowering the costs of capital. Sincenew technologies significantly reduced the costs of development, Member States adopted legal reforms of their renewable legislations. The Energy Charter Treaty provides a multilateral framework for energy cooperation, which is unique under international law.
Practical Impacts of the EU Regulation on Online Dispute Resolution for Consumer Disputes
Practical Impacts of the EU Regulation on Online Dispute Resolution for Consumer Disputes
(Practical Impacts of the EU Regulation on Online Dispute Resolution for Consumer Disputes)
- Author(s):Pavel Loutocký
- Language:English
- Subject(s):EU-Accession / EU-DEvelopment, ICT Information and Communications Technologies, EU-Legislation
- Page Range:254-268
- No. of Pages:15
- Keywords:Online Dispute Resolution; Consumer; ODR Platform; Alternative Dispute Resolution; ADR Entity;
- Summary/Abstract:Only 18% of consumers in the EU have used the Internet to purchase a product abroad in 2014. The main reason is that they do not feel confident in online shopping. One of the key factors is lack of dispute resolution mechanisms which would be efficient and which would offer consumers proper mechanisms to deal with their dispute online in a fast way. The European Commission understood the potential of Online Dispute Resolution (ODR) which is able to offer consumers an efficient solutionto solve their dispute and it is trying to foster cross-border e-commerce by adopting the Regulation on Online Dispute Resolution for Consumer Disputes (which establishes ODR platform) and the Directive on Alternative Dispute Resolution for Consumer Disputes. The main aim of the articleis to present aspects arising from using an ODR platform, which builds on a previous theoretical work of the author.
Is Education the Key Element of Integration?
Is Education the Key Element of Integration?
(Is Education the Key Element of Integration?)
- Author(s):Dóra Bogárdi
- Language:English
- Subject(s):Education, Human Rights and Humanitarian Law, Evaluation research, Migration Studies
- Page Range:270-289
- No. of Pages:20
- Keywords:Children; Education; Integration; Refugee;
- Summary/Abstract:Pursuant to the Convention on the Rights of the Child every child has the right to education. Nevertheless, 58 million children are dropped out of primary education and 500 000 Syrian refugee children do not attend any schools based on the data of UNICEF. In addition to the infringement of the law, the lack of education has an impact on the society, in particular the economy, the social care system and internal peace of the country concerned. As declared in Article 13 of the International Covenant on Economic, Social and Cultural Rights “…education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace”.
The Electoral Rights of Non-nationals in Europe
The Electoral Rights of Non-nationals in Europe
(The Electoral Rights of Non-nationals in Europe)
- Author(s):Gergő Kocsis
- Language:English
- Subject(s):Electoral systems, Migration Studies, EU-Accession / EU-DEvelopment
- Page Range:290-301
- No. of Pages:12
- Keywords:Electoral Rights; Political Rights; Migrants; Refugees; European Parliament;
- Summary/Abstract:The migration, refugee crisis that has reached Europe in 2015 has created new challenges and has raised many questions about the migration policy of the European states and the EU itself. The crisis has not only posed policy questions about the immediate answers of border control, the mechanisms of the Schengen area and the Dublin regulations, but has also led to questions about long-term policies such as integration. One of the most important political rights of the citizens of the democracies of Europe is to participate in elections in order to decide the political directions of their states and local communities.
Expulsion of Aliens in the Light of Right to Private and Family Life
Expulsion of Aliens in the Light of Right to Private and Family Life
(Expulsion of Aliens in the Light of Right to Private and Family Life)
- Author(s):Soňa Ondrášiková
- Language:English
- Subject(s):International Law, Human Rights and Humanitarian Law, Family and social welfare
- Page Range:302-314
- No. of Pages:13
- Keywords:Discretionary Powers; Expulsion of Aliens; Right to Private and Family Life; Draft Articles on Expulsion of Aliens; International Law Commission;
- Summary/Abstract:The paper examines the interference between a right to private and family life of an individual, guaranteed under several international human rights instruments, and rights of sovereign states to expel aliens from their territory. In the times of migration crisis, when European states are facing unprecedented masses of migrants flowing to their territories, this complex legal issue deserves to be given academic attention. The European Court of Human Rights has repeatedly faced the legal challenge of striking fair balance between individual’s right to private and family life granted under Article 8 of the ECHR and general public interests in controlling immigration (which includes enforcing measures of administrative expulsion).
Differences Between the 1951 Geneva Convention and the European Asylum Policy Regarding the Right to Seek Asylum
Differences Between the 1951 Geneva Convention and the European Asylum Policy Regarding the Right to Seek Asylum
(Differences Between the 1951 Geneva Convention and the European Asylum Policy Regarding the Right to Seek Asylum)
- Author(s):Eszter Lilla Seres
- Language:English
- Subject(s):International Law, Human Rights and Humanitarian Law, Migration Studies, EU-Accession / EU-DEvelopment, EU-Legislation
- Page Range:315-329
- No. of Pages:15
- Keywords:Common European Asylum System; Freedom of Movement; Refugee Law; Geneva Convention of 1951;
- Summary/Abstract:The recent events of refugee crisis pose real challenges not only on international, on European level as well. This crisis crystallizes the problems of effective refugee protection under both level of regulation. This paper aims at pointing out these issues, especially of provisions on freedom of movement, outlining the hardship refugees facing when applying for protection in the EU.
