| Popis: |
Adjudication as a method of dispute resolution in international construction projects Abstract The subject of this thesis is an analysis of the use of adjudication as a relatively new, and in the Czech environment not yet well-studied, method of dispute resolution concerning a range of disputes arising between the subjects of contractual relationships in the field of construction projects containing a foreign element. The focus on so-called international construction projects reflects the current trend of expansion of construction entrepreneurs into foreign markets and the formation of multinational groups of construction entrepreneurs. This trend brings construction entrepreneurs into the environment of international business relations, where the presence of foreign element conditions the need to choose or determine the applicable law of a given contractual relationship using the conflict of laws principles. Adjudication is defined in this thesis as an alternative method of dispute resolution in which a dispute is submitted to an expert (or more often a group of three impartial and independent experts) specialized in the given area of the subject matter of the dispute, vested with the power (given by contract or by law) to decide the dispute between the parties in an interim binding manner while retaining... |
