Appointment of Arbitrator by the Court - Chapter 9 - 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.
9.I. SECTION 9(1) OF THE ARBACT
9.I.1. Selection of arbitrator by the court in the discharge of the court’s supporting function vis-à-vis arbitration
Section 9 of the ArbAct logically falls into the part of the Act concerning the designation, appointment, and disqualification of arbitrators. Nevertheless, it is connected particularly closely with Section 14 of the ArbAct on the initiation of arbitration proceedings. Any passivity by a party whose cooperation is needed for the constitution of the arbitral tribunal (the appointment of one or more arbitrators) could block the entire arbitration and obstruct the hearing and resolution of the dispute. In this regard, the authority of a court to appoint an arbitrator or a presiding arbitrator is an example of the activities carried out b courts in support of arbitral proceedings (the supporting function of the courts). This provision applies to cases of ad hoc arbitration, where the rules for the arbitrator appointment procedure and the powers of the bodies of permanent arbitral institution when appointing a missing arbitrator/member of a tribunal (at the AC, the AC chairman has the authority to make such an appointment).