CHAPTER 10 - Czech Republic - Interim Measures in International Arbitration

Author(s):

Alexander J. Bělohlávek

Page Count:

20 pages

Media Description:

1 PDF Download

Published:

May, 2014

Jurisdictions:

Czech Republic

Practice Areas:

Interim Measures of Protection

Tags:

Interim Measures

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Description:

Originally from: Interim Measures in International Arbitration

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RELIEF PROVIDED BY COURTS

1. (a) Are courts authorized to issue orders of attachment,

injunctions or other provisional orders with respect to

arbitration proceedings?

The courts are authorized to issue provisional relief in relation to

arbitration proceedings at the request of any party to the proceedings on

the basis of Section 22 ArbAct. 1

(b) If so, please describe the nature of any such provisional

relief that is available.

Apart from other possible forms of provisional relief regarding

disputes that are not arbitrable (e.g. measures regarding child custody),

the court may (in relation to arbitration proceedings) issue relief similar

to an order of attachment (Section 76(1) (d) CCP—ordering a party to

deposit an amount of money or other object in court custody), an

injunction (Section 76(1) (f) CCP—ordering the party to do something,

to refrain from doing something, or to suffer something to be done), or

an order to refrain from disposing with certain assets or rights (Section

76(1) (e) CCP), which is essentially an injunction as well.

2. What are the conditions that must be satisfied by an applicant

for a court to grant provisional remedies in relation to

There is only one ground for issuing provisional remedies

arbitration in relation to arbitration, which is a situation in which the

enforcement of the arbitral award could be in jeopardy (Section 22

ArbAct). Provisional remedies can be granted both before the

commencement of or during the arbitral proceedings. Only the parties to

arbitration are entitled to submit such an application to a court.

(For more on the requirements for granting provisional relief, see

the answer to Question 7.)

3. (a) If provisional relief in connection with arbitration is

available from a court, may such orders of provisional relief