Résumés en allemand, tchèque, polonais, français, russe et espagnol

Bibliogr. p. 375-408. Notes bibliogr. Index

Le site d'éd. Juris indique : "The Czech Yearbooks Project, for the moment made up of the Czech Yearbook of International Law® and the Czech (& Central European) Yearbook of Arbitration®, began with the idea to create an open platform for presenting the development of both legal theory and legal practice in Central and Eastern Europe and the approximation thereof to readers worldwide. This platform should serve as an open forum for interested scholars, writers, and prospective students, as well as practitioners, for the exchange of different approaches to problems being analyzed by authors from different jurisdictions, and therefore providing interesting insight into issues being dealt with differently in many different countries. The Czech (& Central European) Yearbook of Arbitration® , the younger twin project within the Czech Yearbooks, primarily focuses on the problematic of arbitration from both the national and international perspective. The use of arbitration as a method of dispute resolution continues to increase in importance. Throughout Central and Eastern Europe, arbitration is viewed as being progressive, due to its practical aspects, and to its meeting the needs of specialists in certain practice areas. Central and Eastern Europe, the primary, but not exclusive, focus of this project, is steeped in the Roman tradition of continental Europe, in which arbitration is based on the autonomy of the parties and on informal procedures. This classical approach is somewhat different from the principles on which the system of arbitration in common-law countries is based. Despite similarities among countries in the region, arbitration in Central and Eastern Europe represents a highly particularized and fragmented system. One shortcoming in the use of arbitration in Central and Eastern Europe is the absence of comparative standards or a baseline that would facilitate the identification of commonalities and differences in individual countries, and help resolve problems that are common throughout the region. The CYArb® project aims to address this issue and provide a forum for comparisons of arbitration practice and doctrine in countries within the region, and in relation to practices internationally. It sheds light on both practical and academic aspects within these countries, and compares those approaches to broader European and international practices. This project will also foster a broad exchange of legal research and other information on the subject. The third volume of the CYArb® focuses on the blurry area which borders the procedural and substantial law. Editors, being motivated with an endeavour to provide the readers with complex insight into the problematic, invited authors of Civil same as Common law jurisdictions to provide their insight and analysis on the problems of i.e. mandatory provisions of procedural same as substantive law, issues of application of law in arbitration, adjudication according to the ex aequo et bono principles, issues of the burden and standard of proof and others. The issues are presented on highly comparative basis provided mostly by practitioners who are simultaneously involved in academic activities. The book is divided into four sections. The backbone sections encompass the doctrinal articles of the authors same as case law analysis of the domestic courts from the region relating to the topic, covering the case law of Constitutional, General same as Arbitral courts of the countries from the Central European Region. The rest of the book covers the news in the arbitration area same as interesting arbitration events or published articles and books of the authors from the region. The new volume of the Czech (& Central European) Yearbook of Arbitration® : Borders of Procedural and Substantive Law in Arbitral Proceedings (Civil versus Common Law Perspectives) brings useful resource for everyone who is dealing with arbitration in all of its aspects, be it an academic, practitioner, law or international relations student who seeks global compendium on the issue including an overlap to economic and politic aspects of the problematic."

List of Abbreviations ARTICLES Andrzej Kubas │ Kamil Zawicki - The Scope of Mandatory Provisions of Procedural and Substantive Law Binding upon a Court of Arbitration Alexander J. Bělohlávek - Application of Law in Arbitration, Ex Aequo et Bono and Amiable Compositeur Vit Makarius - The Nature of the Burden and Standard of Proof in International Commercial Arbitration Klára Drličková - The Law Applicable to Arbitration Agreements "Lex Arbitri" or "Lex Causae" of the Principal Contract? Leonid Shmatenko - Is Lex Mercatoria Jeopardizing the Application of Substantive Law? Vasily N. Anurov - Cause of Action in Investment Arbitration Marina P. Bardina - Determination of Substantive Law by International Commercial Arbitration in Russian Law, ICAC Rules and Arbitration Practice CASE LAW Section A I. Current Case Law of the Constitutional Courts and General Courts on Arbitration 1. Czech Republic - Alexander J. Bělohlávek 2. Hungary - Alexander J. Bělohlávek 3. Poland - Andrzej Kubas | Kamil Zawicki | Magdalena Selwa 4. Slovak Republic - Alexander J. Bělohlávek II. Court Rulings on the Application of Law in Arbitration Czech Republic - Alexander J. Bělohlávek Section B Case Law of the Arbitral Tribunals: Decisions of Arbitral Tribunals within the Jurisdiction of the Arbitration Court Attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic 1. Current Case Law on Arbitration - Alexander J. Bělohlávek 2. Application of Law in Arbitration - Alexander J. Bělohlávek 3. Borders of Procedural and Substantive Law in Arbitration - Alexander J. Bělohlávek BOOK REVIEWS - Alexander J. Bělohláve Act on Arbitration Proceedings and Enforcement of Arbitration Awards, A Commentary NEWS & REPORTS Rajko Knez - Marko Djinović - Nejc Lahne : Arbitration in Slovenia - A New Perspective Alexander J. Bělohlávek : New Rules of the Arbitration Court Attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic Bohumil Poláček : Arbitration Expert Witnesses Miluše Hrnčiříková : Fifth Annual Olomouc Pre-Moot Current Events, Past & Ongoing CYIL/CYArb Presentations Selected Bibliography of Czech, Slovak and Polish Authors for 2012 Important Web Sites Index