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The Interaction of Arbitration and Mediation in Relation to Justice - Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Author(s): 
Jiří Grygar
Page Count: 
22 pages
Media Description: 
1 PDF Download
Published: 
March, 2015

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Originally from Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

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Abstract | This article points to the line of historical
development from 1989 to the present, and examines
how economic processes in the Czech Republic led to
the rapid development of arbitration. Subsequent
regulation of the activities of the so-called arbitration
centres and of the content of arbitration clauses by
case law and consequently also to legislative changes
are also examined here. I also describe the response of
the courts against abusive practices in consumer
disputes as a result of prior opinions of the judiciary to
the negative phenomena in the context of arbitration.
Subsequently the paper deals with mediation and
other alternative dispute resolution methods, and its
implementation, as well as its weaknesses in relation to
proceedings before the courts. This article also
responds to the implications of the re-codification of
civil law in the Czech Republic, effective from 2014,
and the new regulation of the proceedings before the
arbitration commission of the association, newly
incorporated in the Arbitration Act. It summarizes the
interaction of these methods in relation to economic
reasons, draws conclusions regarding the court’s
actions and assesses the need for legislative changes.