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.
12.I. SECTION 12(1) OF THE ARBACT 12.I.1. Effects of the resignation of an arbitrator The resignation of an arbitrator has an ex nunc effect as, in cases where a challenge under Section 12 of the ArbAct is not made until after a request for arbitration (statement of claim) has been submitted, any interpretation to the contrary would frustrate the effects envisaged under Section 14(2) of the ArbAct if the request (statement) is filed with an arbitrator who subsequently resigns (Section 5 of the ArbAct), who is disqualified only after his appointment, or whose disqualification is agreed by the parties or determined by a court (Section 12(2) of the ArbAct). The structure of Section 8(1) of the ArbAct regarding the disqualification of a particular person (“An arbitrator shall be disqualified...”) does nothing to alter this.