DAF6CF06 Procedure/Arbitration/Insolvency (related)

Faculty of Law
Spring 2025
Extent and Intensity
0/0/0. 6 credit(s). Type of Completion: k (colloquium).
In-person direct teaching
Teacher(s)
JUDr. Eva Dobrovolná, Ph.D., LL.M. (lecturer)
doc. JUDr. Bohumil Havel, Ph.D. (lecturer)
Prof. Gerhard Saria (lecturer), prof. JUDr. Kateřina Ronovská, Ph.D. (deputy)
Prof. Sebasitan Mock (lecturer), prof. JUDr. Kateřina Ronovská, Ph.D. (deputy)
doc. JUDr. Kristián Csach, Ph.D., LL.M. (lecturer)
Prof. Dr. Martin Schauer (lecturer)
doc. JUDr. Filip Melzer, LL.M., Ph.D. (lecturer)
Mgr. Bc. Luboš Brim, Ph.D. (assistant)
Guaranteed by
JUDr. Eva Dobrovolná, Ph.D., LL.M.
Contact Person: prof. JUDr. Kateřina Ronovská, Ph.D.
Prerequisites
The general requirement for enrollment to this course is advanced knowledge of legal English incl. specific terminology of Civil Procedure Law and Arbitration. The course is only offered to the students of the study fields (comparative corporate, foundation and trust law) and the courses directly associated with.
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 10 student(s).
Current registration and enrolment status: enrolled: 0/10, only registered: 0/10
fields of study / plans the course is directly associated with
Course objectives
This course aims to provide theoretical and comparative knowledge of the procedural rules that govern how civil litigation is conducted at courts. The course contains an overview of the rules of civil procedure ranging from the commencement of proceedings to defining issues for trial, and to enforcement of judgments from the international and European point of view. It covers information about the UNIDROIT Projects (Principles of Transnational Civil Procedure, European Rules of Civil Procedure and Effective Enforcement) and an introduction to the theory and policy of insolvency law, and to its fundamental principles. There is a particular emphasis upon case management procedures adopted by courts and various alternative dispute resolution mechanisms which are used to resolving civil disputes without recourse to a contested hearing and judgment by a court. Attention is paid to the commercial arbitration and dispute resolution. This course provides an understanding of general principles of international arbitration, how arbitration is conducted, relevant procedural framework (jurisdiction, composition tribunal, hearing), determination of the applicable substantive law, enforcement of arbitration across the border, and the comparison of the main alternative dispute resolution processes (arbitration, mediation and adjudication).
Learning outcomes
At the end of the course, students should be able to: Use strategic, critical, creative, and analytical thinking to develop creative solutions to a range of dynamic problems associated with the civil procedural law and arbitration. Critically analyze, synthesize and reflect on complex theories, principles, philosophies and recent developments in the civil procedural law and arbitration in and outside Europe. Employ a wide range of research tools, methods, and approaches to produce new knowledge of procedural issues and alternative dispute resolution. Identify common problems and trends. Synthesize, rationalize, and communicate new scholarship and research to diverse problems of the civil procedural law and arbitration. Think critically in broader dimensions and apply knowledge in new contexts.
Syllabus
  • Outline: I. Overview of civil litigation (relevant and related) II. Cross-border litigation III. European Procedure Law IV. Alternative Dispute Resolution V. Arbitration VI. Insolvency
Literature
    required literature
  • C. H. van Rhee, European Traditions in Civil Procedure, Intersentia nv, 2005
    recommended literature
  • European rules of civil procedure : a commentary on the ELI/UNIDROIT model rules. Edited by Astrid Stadler - Vincent Smith - Fernando Gascón Inchausti. Cheltenham: Edward Elgar Publishing, 2023, lxxi, 711. ISBN 9781800887831. info
    not specified
  • Moses, M., The Principles and Practice of International Commercial Arbitration, Cambridge University Press, 2008
  • Paolo Biavati, European Civil Procedure, Kluwer Law International, 2011
  • Gary Born, International arbitration: law and practice, 2nd edition, Wolters Kluwer 2015
  • Douglas, Z., The International Investment Claims, Cambridge University Press, 2009
Teaching methods
Group tutoring sessions Colloquial presentation of research results
Assessment methods
Targeted discussion about the recommended literature with focus on specific issues relevant to the doctoral thesis of the student
Language of instruction
English
Further Comments
Study Materials
The course is taught: in blocks.
The course is also listed under the following terms Spring 2020, Spring 2021, Spring 2022, Spring 2023, Spring 2024.
  • Enrolment Statistics (Spring 2025, recent)
  • Permalink: https://is.muni.cz/course/law/spring2025/DAF6CF06