Czech and Central European Yearbook of Arbitration - 2012: Party Autonomy versus Autonomy of Arbitrators
Following the first volume of the Czech (& Central European) Yearbook of Arbitration (CYArb), the second volume of CYArb thematically concurs that the points of friction between arbitration, as an alternative dispute resolution mechanism are the freedom parties have in setting up the methods and mechanisms for the dispute settlement, and the state organized court proceedings with its obligatory jurisdiction and strict rules. The state organized court proceedings guarantee the firm borders and equality of means regarding the protection of the fundamental rights of the parties during the proceedings.
The primary focus of CYArb is the issue of autonomy throughout the arbitration process. The principle of autonomy represents the backbone of arbitration as the ADR mechanism. It provides to the parties the necessary freedom to stipulate the adequate method for the solution of the dispute. On the other hand, the autonomous approach of the parties creates an informal relationship among the subjects involved in dispute resolution. The informality provides room for the autonomy of the arbitrators or that of the arbitral tribunal, be it in ad hoc or institutional proceedings on how to advance the dispute. The CYArb project aims to highlight the (potential) pitfalls of each of the categories of the autonomous parties present during the various types of arbitral proceedings in order to analyze the role of autonomy as a leading principle in the ADR mechanisms in its mutual interaction. The topic therefore provides a wide spectrum of interesting issues to be addressed from the practice and academic points of view, particularly with regard to the comparison of the specific national and international approaches of the permanent arbitral courts.
The project concept and editors are drawn from Czech Yearbook of International Law – CYIL. The ideological similarity between CYIL and CYArb is primarily reflected in its concept. The third volume of CYIL is in preparation and will be published by JURIS.
The CYArb annual volume will be published exclusively in English with abstracts of the articles provided in Czech/Slovak, French, German, Polish, Russian and Spanish. The website dedicated to the project, www.czechyearbook.org is operational in a total of 16 languages.
A vital part of the project is the cooperation with leading figures and institutes in the field.
In the Czech Republic, endeavor has the cooperation of the particular departments of the following institutions:
– University of West Bohemia in Pilsen, Faculty of Law, Department of International Law & Department of Constitutional Law
– Masaryk University in Brno, Faculty of Law, Department of International and European Law
– VŠB – TU Ostrava, Faculty of Economics, Department of Law
– Institute of State and Law, Academy of Sciences of the Czech Republic In the Slovak Republic:
– Pavol Jozef Šafárik University in Košice, Faculty of Law, Department of Commercial Law Non-academic institutions participating in the CYArb Project:
– International Arbitral Centre of the Austrian Federal Economic Chamber, Vienna.
– Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, Bucharest.
– Arbitration Court attached to the Hungarian Chamber of Commerce and Industry, Budapest
– Arbitration Court attached to the Economic Chamberof the Czech Republic and Agricultural Chamber of the Czech Republic, Prague
– Arbitration Court attached to the Czech-Moravian Commodity Exchange Kladno (Czech Republic)
– ICC National Committee Czech Republic
– The Court of Arbitration at the Polish Chamber of Commerce in Warsaw
PDF of Title Page and T.O.C.
List of Abbreviations
ARTICLES
Vasily N Anurov
Autonomy of the Arbitration Agreement: Danger of Broad Interpretation
Alexander J Bělohlávek
Autonomy in B2C Arbitration: Is the European Model of Consumer Protection Really Adequate?
Bernd Ehle
Effective Use of Demonstrative Exhibits in International Arbitration
Dan Engström & Cornel Marian
Restrictive Absolutes: Using Party Autonomy to Reconcile Absolute Immunity with the Liberal Standard for Restrictive Immunity Adopted by the Swedish Supreme Court in the Sedelmayer Decision
Dániel Bán & László Kecskés
Changing Aspects of Unsigned Arbitration Agreements
Crenguta Leaua
The Applicability of Party Autonomy in the Appointment of Arbitrators
Martin Maisner
Liability and Independence of the Arbitrator
Nikolay Natov
The Autonomy of Arbitrators in Determining the Law Applicable to the Merits of a Case
Karl Pörnbacher & Inken Knief
Liability of Arbitrators - Judicial Immunity versus Contractual Liability
Barbara Helene Steindl
Party Autonomy under the 2012 ICC Arbitration Rules
Jozef Suchoža & Regina Hučková Palková
Autonomy of Arbitrators - Decision-making on the Basis of Ex Aequo et Bono
CASE LAW
Section A
Current Case Law of the National Courts regarding Arbitration
1. Albania
Alexander J Bělohlávek
2. Czech Republic
Alexander J Bělohlávek
3. Poland
Tomás; Řezníček
4. Romania
Alexander J Bělohlávek
5. Slovak Republic
Alexander J Bělohlávek
Section B
Case Law of the Arbitral Tribunals
Rsp 1734/11
Alexander J Bělohlávek
Rsp 2408/10
Zdeňka M Nocarová
Rsp 981/11
Květoslav Růžička
BOOK REVIEWS
Natalia Ivanovna Marysheva
Private International Law
Piotr Nowaczyk, Andrzej Szumański & Maria Szymańska
UNCITRAL Rules on Arbitration, Commentary
Alexander J Bělohlávek & Renáta Hótová
Experts in the International Environment (of Civil and Criminal Court Proceedings, Arbitration Proceedings, and Investment Disputes)
NEWS & REPORTS
Amendment to Czech Arbitration Act in Effect from 1 April 2012 Preservation of Arbitrability in Consumer Disputes and Introduction of Stricter Conditions for Resolving Consumer Disputes in Arbitration
The Activity of the United Nations Commission on International Trade Law Working Group III: Online Dispute Resolution Model Law
Case Law of the Court of Justice of the European Union (ECJ) regarding the Limitation of Arbitrability and Autonomy by Arbitration Clauses and Choice-of-court Clauses in Consumer Contracts (B2C) (Comparative Overview)
The First International Scientific Conference "MEDIATION 2011 - A Cultivated Method of Conflict Resolution" in the Czech Republic
Report on Sopot's [POL] "European Forum for New Ideas": Summit of European Arbitration Institutions
Report on Prague's World Jurist Association's 24th Biennial Congress on the Law of the World - "National Legal Cultures in a Globalised World"
Current Events, Past & Ongoing CYIL/CYArb Presentations
Selected Bibliography of Czech and Slovak Authors for 2011
Important Web Sites
Index
About the Editors:
Prof. JUDr. NaděЮda Rozehnalova, CSc. - professor of International and European Law the Faculty of Law of Masaryk University. Areas of specialization: private international law, commercial international law, arbitration. Author of a host of scholarly monographs and articles in professional periodicals both in the Czech Republic and abroad. Since 2007, Dean of the Faculty of Law of Masaryk University.
Alexander J. Bělohlávek Univ. Prof., Dr. jur. Et Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/Czech Republic, Senior Partner of the Law Offices Bělohlávek (Prague/Czech Republic; Branch N.J./US), Dept. of Law Sciences Faculty of Economics, Ostrava, Czech Republic (in house); Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, Czech Republic (external). Chairman of the Commission on Arbitration ICC National Committee, Arbitrator at the Court of Arbitration attached to the Economic.
About the Editors:
Prof. JUDr. NaděЮda Rozehnalova, CSc. - professor of International and European Law the Faculty of Law of Masaryk University. Areas of specialization: private international law, commercial international law, arbitration. Author of a host of scholarly monographs and articles in professional periodicals both in the Czech Republic and abroad. Since 2007, Dean of the Faculty of Law of Masaryk University.
Alexander J. Bělohlávek Univ. Prof., Dr. jur. Et Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/Czech Republic, Senior Partner of the Law Offices Bělohlávek (Prague/Czech Republic; Branch N.J./US), Dept. of Law Sciences Faculty of Economics, Ostrava, Czech Republic (in house); Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, Czech Republic (external). Chairman of the Commission on Arbitration ICC National Committee, Arbitrator at the Court of Arbitration attached to the Economic.
PDF of Title Page and T.O.C.
List of Abbreviations
ARTICLES
Vasily N Anurov
Autonomy of the Arbitration Agreement: Danger of Broad Interpretation
Alexander J Bělohlávek
Autonomy in B2C Arbitration: Is the European Model of Consumer Protection Really Adequate?
Bernd Ehle
Effective Use of Demonstrative Exhibits in International Arbitration
Dan Engström & Cornel Marian
Restrictive Absolutes: Using Party Autonomy to Reconcile Absolute Immunity with the Liberal Standard for Restrictive Immunity Adopted by the Swedish Supreme Court in the Sedelmayer Decision
Dániel Bán & László Kecskés
Changing Aspects of Unsigned Arbitration Agreements
Crenguta Leaua
The Applicability of Party Autonomy in the Appointment of Arbitrators
Martin Maisner
Liability and Independence of the Arbitrator
Nikolay Natov
The Autonomy of Arbitrators in Determining the Law Applicable to the Merits of a Case
Karl Pörnbacher & Inken Knief
Liability of Arbitrators - Judicial Immunity versus Contractual Liability
Barbara Helene Steindl
Party Autonomy under the 2012 ICC Arbitration Rules
Jozef Suchoža & Regina Hučková Palková
Autonomy of Arbitrators - Decision-making on the Basis of Ex Aequo et Bono
CASE LAW
Section A
Current Case Law of the National Courts regarding Arbitration
1. Albania
Alexander J Bělohlávek
2. Czech Republic
Alexander J Bělohlávek
3. Poland
Tomás; Řezníček
4. Romania
Alexander J Bělohlávek
5. Slovak Republic
Alexander J Bělohlávek
Section B
Case Law of the Arbitral Tribunals
Rsp 1734/11
Alexander J Bělohlávek
Rsp 2408/10
Zdeňka M Nocarová
Rsp 981/11
Květoslav Růžička
BOOK REVIEWS
Natalia Ivanovna Marysheva
Private International Law
Piotr Nowaczyk, Andrzej Szumański & Maria Szymańska
UNCITRAL Rules on Arbitration, Commentary
Alexander J Bělohlávek & Renáta Hótová
Experts in the International Environment (of Civil and Criminal Court Proceedings, Arbitration Proceedings, and Investment Disputes)
NEWS & REPORTS
Amendment to Czech Arbitration Act in Effect from 1 April 2012 Preservation of Arbitrability in Consumer Disputes and Introduction of Stricter Conditions for Resolving Consumer Disputes in Arbitration
The Activity of the United Nations Commission on International Trade Law Working Group III: Online Dispute Resolution Model Law
Case Law of the Court of Justice of the European Union (ECJ) regarding the Limitation of Arbitrability and Autonomy by Arbitration Clauses and Choice-of-court Clauses in Consumer Contracts (B2C) (Comparative Overview)
The First International Scientific Conference "MEDIATION 2011 - A Cultivated Method of Conflict Resolution" in the Czech Republic
Report on Sopot's [POL] "European Forum for New Ideas": Summit of European Arbitration Institutions
Report on Prague's World Jurist Association's 24th Biennial Congress on the Law of the World - "National Legal Cultures in a Globalised World"
Current Events, Past & Ongoing CYIL/CYArb Presentations
Selected Bibliography of Czech and Slovak Authors for 2011
Important Web Sites
Index