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.
11.I. COMMENTARY ON SECTION 11 OF THE ARBACT Facts resulting in the disqualification of an arbitrator may involve circumstances which existed prior to his appointment but about which the arbitrator did not know or could not have known even if he had exercised due caution and which render him unable to perform his duties under Section 8 of the ArbAct (see the commentary on that provision). Alternatively, disqualifying circumstances may arise after his appointment or after he has assumed office as an arbitrator pursuant to Section 5(2) of the ArbAct and become an arbitrator within the meaning of the Arbitration Act. The rules contained in Section 11 of the ArbAct address cases where the circumstances in question come to light either after being discovered by the arbitrator himself or by either of the parties and/or another arbitrator appointed in the same case1 after the arbitrator concerned has been appointed.