| Abstract [eng] |
The Master thesis deals with the topic of the position and responsibility of arbitration institutions. The first part of the Master's thesis aims to determine the legal status of arbitral institutions by analyzing the concept of institutional arbitration, the functions performed by arbitral institutions, and the relations established by the arbitral institution during the arbitral proceedings. The contractual relationship established by arbitral institutions is unique and has various characteristics of civil contracts, which is why contracts with an arbitral institutions must be classified as sui generis. Such sui generis contracts are most likely to be seen as close to service contracts (contracts between the arbitral institutions and the parties to the dispute) and contracts for the benefit of third parties (contracts between the arbitral institutions and the arbitrators). This also determines the sui generis status of the arbitral tribunal. The second part of the Master's thesis is devoted to the question of whether immunity should apply to arbitral institutions. First, laws and jurisprudence of the different legal traditions were examined. In common law states, immunity is granted to arbitral institutions by taking into account that arbitral institutions are quasi-judicial bodies. In civil law tradition states, the arbitral institution is not subject to judicial immunity and can be held liable. An evaluation of arbitration rules shows that arbitral tribunals seek to enjoy immunity or limit liability. Overall, the conclusion is that arbitral institutions should be considered liable because transparency and efficiency are guaranteed. Having established that arbitral institutions should be held liable, the conditions for their application are analyzed. The contractual nature of the relationship between arbitral institutions means that arbitral institutions should be subject to contractual liability. The law applicable to disputes with an arbitral institution is also analyzed. The agreement is to be preferred. If there is no agreement, the laws of the place of arbitration are to be applied. This part of the Master thesis also examines the relationship between the liability of arbitral institutions and the liability of arbitrators. Due to the change in status, the limits of liability of these institutions also differ. |
