Právněhistorické studie / Legal History Studies (Charles University journal; below referred to as PHS or Journal) is a scientific journal listed in the international prestigious database SCOPUS. The journal is published by Charles University in Prague under the guarantee of the Department of Legal History of the Faculty of Law of Charles University. It is published by the Karolinum Press. The journal focuses on the field of legal history and related topics.
Issue 1 of the Journal was published by the Czechoslovak Academy of Sciences Publishing in June 1955. The Journal was initially published by the Cabinet of Legal History of the Czechoslovak Academy of Science (CSAV), later by the Institute of State and Law (CSAV) and then by the Institute of Legal History of the Faculty of Law of Charles University.
PHS is issued three times a year in April, August, and December and it presents original scientific works/papers as well as reviews, annotations and news from the scientific field of legal history. It also introduces annotated texts of a legal history nature. PHS accepts manuscripts from domestic as well as foreign authors. Manuscripts submitted by foreign authors are published in original language, namely in English, Slovak, German, French, Italian or Polish.
PHS (ISSN 0079-4929) is registered in the Czech national ISSN centre (supervised by the State Technical Library). The Journal is registered by the Ministry of Culture of the Czech Republic according to Act No. 46/2000 Sb., on Rights and Liabilities for the Publishing of Periodicals and Change of Some Acts (Press Act), and it is allocated with registration number of periodical press MK E 18813.
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The journal is archived in Portico.
PRÁVNĚHISTORICKÉ STUDIE, Vol 47 No 1 (2017), 76–90
Vývoj tuzemské právní úpravy rozhodčího řízení od roku 1949
[Development of Domestic Legislation Arbitration Law Since 1949]
Květoslav Růžička
published online: 12. 09. 2017
abstract
The author of this article discusses the development of arbitration law as one of the alternative methods of the private law dispute settlement in the Czech Republic from 1949 until the present. Arbitration is defined as the arbitration of disputes by private individuals or non-state arbitral institutions that are authorized according to the legislation to discuss and decide the submitted dispute. The basic condition that has to be met for the process of arbitration is a valid arbitration agreement between the parties of the dispute. Arbitration proceedings are not any phenomenon of the twentieth or twenty-first century, but they existed in our country since the reign of Charles IV. In the Czech legislation, we can see some kind of developmental amplitude when the arbitration was first accepted only for disputes of Czechoslovak legal entities (1950), then it was limited only for international trade disputes (1963) and after its considerable easing (1994) all private law disputes, including natural persons. Since then there have been abuse of this arbitration, mainly by subjects providing “quick loans” and because of that, all of the consumer disputes were excluded from arbitration (2016). Currently we are in a period of time, when the arbitration (although it is commonly used abroad for resolving consumer disputes) is facing a considerable mistrust and is avoided in practice. It is obvious that arbitration needs a “restart”, which can be achieved by new arbitration law, which would reflect existing international standards.
Vývoj tuzemské právní úpravy rozhodčího řízení od roku 1949 is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0079-4929
E-ISSN: 2464-689X
