| Abstract [eng] |
The Institute of Public Policy in Arbitration Proceedings The aim of this master thesis is to define the concepts of public policy and analyse the public policy significanse during the course of arbitration. The first part of the master thesis introduces the concept of arbitration as alternative dispute resolution, including the basic characteristics and brief comaparisons with judicial process. The author also tries to define the different concepts of public policy such as international, transnational, multinational public policy in the second part of the Thesis. The different concepts of public policy is aimed at facilitating the use of public policy exception. The third part reveals what the requirements are for the validity of the arbitration agreement. And the question could be raised whether the violation of the arbitration form, arbitrabilyty or capacity, might also be seen as the violation of the public policy. The fourth chapter deals with the process of arbitration, distinguishing between two categories of public policy - the substantial and procedural. These categories are important for determining what kind of acts should be considered as the violation of public policies. It has to be mentioned that such issues as illegality, due process violations, impartiality needs be raised as early as possible when the violation occurs. Because the consequence of doing nothing may be understand as the waiver of rights. Finally it was dealt the relationship between setting aside and non-enforcement of the award. Moreover it was analyzed the situation made by courts, when it was enforced the award which was set aside by courts, where arbitration had taken the place. Lastly it was dealt with the situations, where the enforcement of the award was violating the public policy. |
