| Abstract [eng] |
The dissertation focuses on a legal analysis of the most problematic legal issues predetermined by the fact that the State is a party to the arbitration agreement. The dissertation thesis consists of two sections. Firstly, the issue whether the State and legal persons of public law have a right to enter into an arbitration agreement is analysed. The dissertation provides information about trends of legal regulation in various countries and analyses how restrictions of the right to enter into arbitration agreement are applied and qualified in court and arbitration practice as well as by legal scholars. Also, the dissertation thesis takes into consideration relatively new legal representations of international commercial arbitration described by Professor E. Gaillard and their impact on the application of the abovementioned restrictions. In addition, the rationale of the restrictions is questioned in the dissertation. Secondly, the analysis was carried out of State immunity issue in the context of international commercial arbitration: the argumentation of the conclusion that the State does not enjoy immunity in arbitration proceedings is analysed as well as its legal impact on application of State immunity rules in court proceedings related to arbitration and in execution process (when it is sought to apply the measures of constraint against the property of the State in order to secure the execution of a future arbitral award or in order to enforce an arbitration award). |
