Czech yearbook of international law. Vol. 3, 2012 - Public policy and ordre public
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The use of arbitration as a method of dispute resolution continues to increase in importance. Throughout Central and Eastern Europe, arbitration is viewed as progressive due to its practical aspects and to 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 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 to 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 other international practices. It sheds light on both practical and academic aspects within the 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 main topic for the first volume of CYArb focuses on the tension between the arbitral system and public law, especially inalienable rights under constitutional law. The focus is on the junctures between the basic principles of both systems on one side, the concept of party autonomy in arbitration and, on the opposite side, a limitation of autonomy in relation to inalienable rights. The tension can be seen in some of the issues that arise procedurally, especially the right to a fair trial, which is enshrined in international conventions on human rights and in national constitutions and other laws. CYArb places an emphasis on the duality of the concept of arbitration in relation to human rights as well as other constitutional values that guarantee human rights. A wide range of issues arise here that have not been clearly answered and, in this period of globalization (and, in the European context, the EU), lead to entirely new perspectives and challenges with respect to issues that were considered settled for many years. The topic for the inaugural edition of CYArb is a highly interdisciplinary investigation of the reach of human rights in the context of arbitration as a means of dispute resolution. There is ample room here for a broad comparative approach of national tribunals from the perspective of different legal traditions. Nevertheless, this topic is also significant for its entirely practical aspects, such as service of process in arbitration proceedings. The concept and participants for CYArb are being drawn from the Czech Yearbook of International Law (CYIL) project, the second volume of which is now being prepared and will be published by Juris Publishing Inc. in New York. This ideological similarity of sorts is reflected primarily in the journal approach. The yearbook will be published exclusively in English, with abstracts of articles provided in Czech/Slovak, French, German, Polish, and Russian languages.
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Bibliographic Details
- Other Authors:
-
Alexander J. Bělohlávek, 1968-
Naděžda Rozehnalová, 1955-
- Document Type:
- Books
- Document range:
- xiv, 328 s.
- Published:
-
New York :
Juris Publishing,
2012.
- Series:
- CYIL ;
2157-2976
- Subjects:
- Physical Description:
- xiv, 328 s.
- Bibliography:
- Obsahuje bibliografii a rejstřík.
- ISBN:
- 978-1-933833-71-2
