Seat of Arbitration and Supporting and Supervising Function of Courts - Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Author(s):

Alexander J. Bělohlávek

Page Count:

28 pages

Media Description:

1 PDF Download

Published:

March, 2015

PDF661.44 KB

$40.00

Description:

Preview Page

Abstract | The seat of arbitration has essential

practical importance in arbitration, and it directly

determines a number of issues: arbitrability,

determination of governing law, whether substantive,

or (mainly) procedural, and annulment of the arbitral

award or its recognition and enforcement etc. Pursuant

to author´s opinion the seat of arbitration is the main

factor determining arbitration, while denationalization

of arbitration seems to be a myth widely remote from

international reality. The seat of arbitration need not be

the place in which the individual procedural acts are

conducted. From the seat of arbitration has to be

distinguished also the place, where the arbitral award

has been rendered and/or signed. Consequently, the

place where the arbitral award is made usually

determines whether the award is a domestic or a foreign

award. The seat of arbitration can exceptionally be

changed in course of arbitration, but not after an

arbitral award has been rendered. International

arbitration is usually subject to a two-tier control

exercised by courts. The first control is exercised by the

state of the seat of arbitration, and the second control is

exercised by the state in which the parties seek

recognition and enforcement. Consequently, if the

parties internationalize their dispute (both parties from

the same country agree on a seat of arbitration in a

different country) and the arbitral award is rendered

abroad (foreign arbitral award vis-à-vis the country of

parties’ origin/domicile), the award has no effects in the
country of parties´ origin/domicile until its recognition.