Application of the Code of Civil Procedure - Chapter 30 - 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.
30.I. THE CONCEPT OF SECTION 30 OF THE ARBACT
Section 30 of the ArbAct facilitates the analogous (reasonable) application of the Code of Civil Procedure in arbitration proceedings.
This encompasses procedures from the submission of a request for arbitration (statement of claim) and the initiation of proceedings within the meaning of Section 14 of the ArbAct until the completion of the arbitral award, the rendering and service of the written copy thereof, and the filing of the arbitral award and other documents certifying the course of proceedings with a court within the meaning of Section 29 of the ArbAct. In this context, it is necessary to draw attention to the systematic inclusion of Section 30 of the ArbAct at the end of Part Three of the ArbAct, i.e. at the end of that part of the law which applies to proceedings before arbitrators and to decisions rendered by arbitrators. At the same time, it is worth pointing out an important change directly affecting the scope of application of Section 30, namely the change in Section 23 of the ArbAct. While not too apparent at first glance, this change was made by the Amendment to the ArbAct. This is a change in the moment of termination of the proceedings. Under the ArbAct, in the version prior to the Amendment to the ArbAct, the proceedings ended with the rendering of an arbitral award or resolution pursuant to Section 23 of the ArbAct. Although at the very least regarded as contentious by the author, judicial practice gradually arrived at the conclusion that the mere reasonable application of the CCP was possible only until the termination of procedings, i.e. until the rendering of an arbitral award or resolution pursuant to Section 23 of the ArbAct.