Arbitration from Perspective of Right to Legal Protection and Right to Court Proceedings (the Right to Have One´s Case Dealt with by a Court): Significance of Autonomy and Scope of Right to Fair Trial

Result code in IS VaVaI
<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F61989100%3A27510%2F11%3A86080209" target="_blank" >RIV/61989100:27510/11:86080209 - isvavai.cz</a>
Result on the web
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DOI - Digital Object Identifier
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Result language
angličtina
Original language name
Arbitration from Perspective of Right to Legal Protection and Right to Court Proceedings (the Right to Have One´s Case Dealt with by a Court): Significance of Autonomy and Scope of Right to Fair Trial
Original language description
In the past, states hesitated to recognize decisions of foreign courts on political grounds, as such recognition de facto implied the acceptance of the authority of a foreign state. These obstacles were eliminated by private arbitration, and arbitration,as a means of dispute resolution that replaces state authority, has increasingly been employed where the latter has, for a variety of reasons, proven inefficient and defective. We must strictly distinguish between the right to court proceedings (the right to have one?s case dealt with by a court) and the right to legal protection. The right to court proceedings can be waived on the basis of the principle of the autonomy of will (for instance, by means of an arbitration agreement entered into in compliance with the lex arbitri). The right to legal protection cannot be waived. Arbitration is therefore a process of finding and applying the law. However, such legal protection must be approved by the law (laws and regulations) applicable at
Czech name
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Czech description
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Publication year
2011
Confidentiality
S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Book/collection name
Czech (& Central European) Yearbook of Arbitration. The Relationship between Constituional Values, Human Rights and Arbitration
ISBN
978-1-933833-71-2
Number of pages of the result
23
Pages from-to
47-70
Number of pages of the book
533
Publisher name
JurisPublishing Inc.
Place of publication
Huntington, New York, U.S.A.
UT code for WoS chapter
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