Consequences of Corrupt Practices in Business Transactions (Including International) in Terms of Czech Law

Valdhans, Jiří; Rozehnalová, Naděžda; Drličková, Klára; Málek, Pavel

doi:10.1007/978-3-319-19054-9_4

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Disputes Affected By Illegal (Criminal) Practices1

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2017

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“…It may play a negative role also in private-law relations. 48 National regulations enable sanctioning corrupt practices both at the level of private and criminal law. Several important instruments have been adopted at the international level to fight corruption.…”

Section: Disputes Affected By Illegal (Criminal) Practicesmentioning

confidence: 99%

Arbitrability and Public Interest in International Commercial Arbitration

Drličková

2017

International and Comparative Law Review

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Summary The aim of this article is to analyse the mutual relationship between arbitrability and public interest. The definition of arbitrability has remained in the domain of national law; there is no internationally unified definition, although a common trend towards the extension of its scope may be observed. There is no doubt about arbitrability in disputes concerning only the individual interests of the parties. However, if the dispute shows elements of public interest, it does not automatically imply that it is not arbitrable. A sign of equation thus cannot be put between public interest and inarbitrability. Disputes arising from economic activities involving public interest can be resolved before the arbitral tribunals. This for instance includes private-law enforcement of competition rules (including EU ones), disputes affected by illegal (criminal) actions, disputes concerning intellectual property rights (in certain countries also with erga omnes effects) or disputes related to insolvency proceedings.

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Section: Disputes Affected By Illegal (Criminal) Practicesmentioning

confidence: 99%

Arbitrability and Public Interest in International Commercial Arbitration

Drličková

2017

International and Comparative Law Review

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show abstract

Consequences of Corrupt Practices in Business Transactions (Including International) in Terms of Czech Law

Cited by 1 publication

References 0 publications

Arbitrability and Public Interest in International Commercial Arbitration

Arbitrability and Public Interest in International Commercial Arbitration

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