Czech Republic - Baker & McKenzie International Arbitration Yearbook: 2012-2013

Author(s):

Martin Hrodek

Jan Zrcek

Page Count:

14 pages

Published:

March, 2013

Jurisdictions:

Czech Republic

Practice Areas:

Court Decisions,

Procedure and Grounds for Setting Aside,

Interim Measures of Protection,

National Legislation

Author Detail:

Martin Hrodek heads the Dispute Resolution Practice Group in the Firm’s Prague office. He specializes in litigation and arbitration matters, particularly those related to mergers and acquisitions. He also advises industry clients on a wide range of commercial matters, including private equity, divestitures and private competition claims, among others.

Jan Zrcek is an Associate in the Dispute Resolution Practice Group in the Firm’s Prague office.

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Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013

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A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Recent Developments in Legislation

Both international and domestic arbitration seated in the Czech Republic are governed by Act No. 216/1994 Coll., on Arbitration Proceedings and Enforcement of Arbitration Awards, as amended (the “Arbitration Act”). The Arbitration Act is based on the UNCITRAL Model Law and entered into force in 1995. Pursuant to Section 30 of the Arbitration Act, the Czech Rules of Civil Procedure (Act No. 99/1963 Coll.) are to be used as a subsidiary law.

In the 2011-2012 Yearbook, we noted that the Arbitration Act was subject to an extensive amendment focusing on disputes arising from consumer contracts. There have not been any further changes in the Arbitration Act since this amendment. However, in connection with the recodification of Czech civil law, which is expected on 1 January 2014, a part of the Arbitration Act dealing with international matters will be replaced by a new Act on International Private Law.3 Therefore, we expect that a comprehensive report on the new Act on International Private Law will follow in the 2013-2014 Yearbook.

Table of Contents:

A. Legislation, Trends and Tendencies

A.1 Recent Developments in Legislation
A.2 Trends

B. Cases

B.1 Courts Cannot Review Merits of Awards in Proceedings to Enforce Foreign Arbitral Awards
B.2 New Grounds for Setting Aside an Award Can Be Asserted until First Oral Hearing in the Set Aside Proceedings
B.3 Matters within the Scope of an Arbitration Agreement Can Be Assessed by Courts as Preliminary Issues in Other Claims
B.4 Arbitration Clause in a Lease Not Affected by Transfer of Title or Termination of the Lease

C. The Grant and Enforcement of Interim Measures in International Arbitration

C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measures