Stát jako subjekt rozhodčího řízení aneb o postavení státu v rozhodčím řízení
The state's position in arbitrary proceedings

Summary/Abstract: In recent decades, public law entities - especially states - have begun to intervene in the world trade market more and more. However, they are no longer a market regulator, but act as a trader. However, at first glance, it is clear that they are endowed with characteristics different from ordinary traders, which make it impossible for them to be fully assimilated. From a legal point of view, this situation causes complications. The basis of trading is formed by binding legal relations, in which both parties have an equal position (which is reflected in the resolution of disputes by a superior independent entity), but the state, which is not primarily intended to generate profit, retains a more favorable position over other traders. This situation can then make it difficult to resolve disputes fairly from these commitments. One of the possible ways to eliminate this problem is the so-called mix of arbitration, ie arbitration proceedings, where the disputing parties consist of a public law entity (eg the state) and a private entity.

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