A. LEGISLATION, TRENDS AND TENDENCIES
A.1 Recent Developments in Legislation
Both international and domestic arbitrations in the Czech
Republic are governed by Act No. 216/1994 Coll. on Arbitration
Proceedings and Enforcement of Arbitration Awards, as
amended (the “Arbitration Act”). The Arbitration Act is based on
the UNCITRAL Model Law and became effective in 1995.
Pursuant to Section 30 of the Arbitration Act, the provisions of
Act No. 99/1963 Coll. on Civil Procedure, as amended (the “Act
on Civil Procedure”) also apply as subsidiary law.
In the 2012-2013 Yearbook, we noted that with effect from May
1, 2012, the Arbitration Act was subject to an extensive
amendment focused on disputes arising from consumer
contracts, the purpose of which was to better protect consumers.
It is possible that some of the amendments reinforcing the
principles of equality between the parties will also be applied by
Czech courts to commercial arbitrations by way of analogy.
Another more recent legislative change is the transfer of certain
provisions of the Arbitration Act relating to foreign arbitration
awards to Act No. 91/2012 Coll. on Private International Law, as
amended (the “Act on Private International Law”). That transfer
became effective on January 1, 2014, but has had no substantial
effect on practice. The only somewhat significant change is the
introduction in Section 117 of the Act on Private International
Law (formerly Section 36 of the Arbitration Act), of a new
provision stating that “[…] other requirements of the arbitration
contract shall be assessed pursuant to the legal regulations of the
country, where the arbitration award shall be rendered.”3 Prior to
2014, this rule had only inferred by some legal authorities and
had not been stipulated by law.