Additional ACTS of the Parties - Chapter 21 - Arbitration Law of Czech Republic: Practice and Procedure
Alexander J. Bělohlávek, Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.
21.I. SECTION 21 OF THE ARBACT
Procedural restitutio in integrum includes cases where a party, through no fault of its own, has been unable to execute a certain act, i.e. due to a certain objective circumstance or event. A typical example might be the sudden illness or death of a party’s legal representative/procedural counsel, governing body, or other person authorized to perform acts on behalf of a legal person party to the proceedings, etc. To assess whether there are grounds requiring the application of the procedure under Section 21 of the ArbAct, an important factor is when the party concerned notified the arbitrators of the circumstances or reasons, following the occurrence thereof, and when it could have requested a time limit for the additional execution of a procedural act. This procedure cannot justify unnecessary delays in proceedings which one of the parties wishes to cause and substantiate, no matter how artfully. Arbitrators are required to adhere to the principles applicable to arbitration proceedings, as expressed, inter alia, in Section 19(2) of the ArbAct; the procedure without unnecessary formalities in itself immanently includes maximum flexiblity and expedition in proceedings, which the parties may rely upon when entering into the arbitration agreement. It must therefore be assumed that, by concluding the arbitration agreement, the parties submit to such principles, including flexible procedure, and must anticipate that approach.