Czech and Central European Yearbook of Arbitration 2011: The Relationship between Constitutional Values, Human Rights and Arbitration

Front Cover
Alexander J. Bělohlávek, Prof. JUDr. Naděžda Rozehnalova
Juris Publishing, Inc., Apr 1, 2011 - Arbitration (International law) - 550 pages

The topic for the inaugural edition of the Czech (& Central European) Yearbook of Arbitration (CYArb) is a highly interdisciplinary investigation into the relationship between human rights and arbitration. While providing a broad comparative approach of national tribunals from the perspective of different legal traditions, this topic has many significant practical aspects, such as service of process in arbitration proceedings. The CYArb also features articles by leading authorities from not only the Czech Republic but also Central and Eastern Europe, Switzerland and Russia on different topics in international arbitration; The Yearbook includes commentary and analysis of selected important case law - where international arbitration and the courts meet - from Bulgaria, the Czech Republic, Hungary, Poland and Russia. To ensure the integrity and quality of the CYArb, it boasts an Advisory Board featuring leading arbitration figures of the region, including:

Anton Baier, Vienna, Austria
Silvy Chernev, Sofia, Bulgaria
Sir Anthony Colman, London, UK
Bohuslav Klein, Prague, Czech Republic
Pierre Lalive, Geneva, Switzerland
Piotr Nowaczyk, Warsaw, Poland
Ivan Szász, Budapest, Hungary
Stanislaw Soltysiński, Warsaw, Poland
Jozef Suchoža, Košice, Slovak Republic
Vladimír Týč, Brno, Czech Republic

A vital component of the CYArb is the unprecedented cooperation from the leading academic and arbitral institutions in the field:

In the Czech Republic, this endeavor has the cooperation of the following institutions:

– Faculty of Law, Charles University, Prague,
– Faculty of Law, Masaryk University, Brno,
– Faculty of Law, University of West Bohemia, Pilsen,
– Faculty of Law, Palacký University, Olomouc,
– Institute of State and Law, Academy of Sciences of the Czech Republic

In the Slovak Republic:

– Institute of State and Law, Slovak Academy of Sciences,

A large degree of collaboration was provided by the permanent arbitration courts and other institutions in the region:

· International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC)
· Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania
· Arbitration Court attached to the Hungarian Chamber of Commerce and Industry
· Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic
· Arbitration Court attached to the Czech-Moravian Commodity Exchange
· ICC National Committee Czech Republic
· The Court of Arbitration at the Polish Chamber of Commerce

The degree of collaboration and cooperation from leading individuals, academic and arbitral institutions, allows the CYArb to fulfill its goal of being the leading Yearbook on arbitration developments and case law for the region.

 

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Contents

Matej Accetto
3
Bogusław Banaszak Łukasz Żukowski
23
Alexander J Bělohlávek
47
Matija Damjan
71
Rainer Arnold Elisabeth Meindl
87
Leonila Guglya
107
Vladimir Khvalei
123
Russian Federation
144
Section
323
Canada
341
Hungary
363
Poland
380
Section C
387
Rsp 75209
409
Rsp 8002009
427
Poland
435

Karel Klíma
147
Jozef Suchoža Regina Palková
161
Jana Koláčková Pavel Simon
183
Matthias Scherer
211
Thomas Schultz
227
CASE
247
Czech Republic
295
Hungary
296
NEWS REPORTS
443
Report on the Law Economics and Arbitration Conference
449
The Conference on the Commemoration
456
Current Events Past Ongoing CYIL CYArb Presentations
463
Selected Bibliography of Czech and Slovak Authors for 2010
471
Important Web Sites
497
Index
511
Copyright

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About the author (2011)

Alexander J. Belohlávek Univ. Prof., Dr. jur. Et Mgr., Dipl. Ing. oec/MB, Dr. is Founder and Senior Partner of The Bělohlávek Law Offices, Prague. He is a Member of the International Court of Arbitration at the International Chamber of Commerce (ICC) in Paris as well as Member of the ICC Commission on International Arbitration and a Member of the National Committee of the ICC in the Czech Republic. He is a member of the Dept. of Law Sciences Faculty of Economics, Ostrava, Czech Republic; Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, Czech Republic. He has acted as arbitrator or counsel in more than 170 international arbitrations and is listed as arbitrator with the international arbitral centers of several economic chambers in Central Europe. He has published numerous books and articles on arbitration and business law.

 

Prof. JUDr. Nadežda Rozehnalova, CSc. Is Professor and Dean of the Faculty of Law of Masaryk University in the Czech Republic. She is the author of a host of scholarly monographs and articles appearing in professional periodicals both in the Czech Republic and abroad dealing with arbitration and international law.

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