Need of private international law arises because the internal laws of different countries differ from each other. If the internal laws of the countries of the world lay down uniform rules, then probably there will not be any need for private international law. But then, difference is not only in the internal laws of the different countries, but also in the private international laws of different countries, on account of which sometimes conflicting decisions are pronounced by the courts of different countries on the same matter. Thus, need for Unification of Private International law Rules arise.
The paper deals with the principle of reciprocity in the field of recognition and enforcement of foreign decisions. The aim is to ascertain the approach of the Czech legal doctrine and the rules of international procedural law in relation to this institute. The issue of reciprocity outside the European judicial area is addressed, as well as the question of whether reciprocity is a non-essential condition in the area of recognition and is interchangeable with other mechanisms affecting this issue.
The chapter discusses the relationship between predictability and flexibility as the values currently expected for private international law standards. While predictability has been perceived for a long time, flexibility has been gaining momentum in the US since the 1930s and in Europe in the second half of the last century. At present, however, the demand for flexibility in the standards of private international law is expressed in all modern codifications. Therefore, the chapter also outlines the institutes through which flexible elements intended to enable to take into account individual aspects of a particular case can be incorporated to traditional predictable blind conflict-law-rules methodology.
This contribution to the conference proceedings aims to describe the current views on the applicability of the Regulation on the law applicable to contractual obligations (Rome I Regulation) in international commercial arbitration. By means of literature review, the author introduces the arguments in favour and against its binding application before the arbitral tribunals. Furthermore, the author explains the consequences of its (non)application by an example of Czech law. Finally, the author draws attention to the difficulty of the proper application of EU law in arbitration on account of the Nordsee case.
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