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Czech Republic - Baker & McKenzie International Arbitration Yearbook: 2010-2011

Author(s): 
Martin Hrodek
Michaela Koblasová
Page Count: 
12 pages
Media Description: 
PDF from Baker & McKenzie International Arbitration Yearbook: 2010-2011
Published: 
April, 2011
Jurisdictions: 
Czech Republic
Practice Areas: 
National Legislation,
Bankruptcy of a Party
Author Detail: 

Martin Hrodek heads the Dispute Resolution Practice Group in the Firm’s Prague office. He specializes in litigation and arbitration matters, particularly those related to mergers and acquisitions. He also advises industry clients on a wide range of commercial matters, including private equity, divestitures and private competition claims, among others.

Michaela Koblasová (née Orságová) is an Associate in the Dispute Resolution Practice Group in the Firm’s Prague office, and specializes in arbitration, particularly those related to mergers and acquisitions. We wish to also thank our colleague Jan Zrcek for his valuable help and contributions.

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Description: 

Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Recent Developments in Legislation

Both international and domestic arbitration are governed by Act No. 216/1994 Coll., On Arbitration Proceedings and Enforcement of Arbitration Awards (the “Arbitration Act”). The Arbitration Act is based on the UNCITRAL Model Law. Since its entry into force in 1995, the Arbitration Act has been amended three times. The last amendment became effective in 2009.

Recently a new amendment has been proposed,3 according to which disputes arising from consumer contracts, consumer loans and contracts on construction savings, mortgage agreements, pension fund agreements or life insurance agreements shall be arbitrable only if, after a dispute has arisen, the parties conclude an arbitration agreement under which their dispute is to be decided by a permanent arbitration court. The draft proposal aims to protect retail customers from mandatory arbitration agreements included by some retail businesses in their standard terms, which are often tailored to suit the needs of such retail businesses and not those of their customers.

Table of Contents: 
A. Legislation, Trends and Tendencies A.1 Recent Developments in Legislation    B. Cases  B.1 Setting Aside of an Award Ordering a Party to an Unpermitted Performance B.2 The Arbitrator’s Resolution of Lack of Jurisdiction Binds the Court  B.3 Delivery of Arbitration Awards    C. Insolvency Issues in Arbitration C.1 Incidental Disputes Relating to Insolvency Proceedings Are Not Arbitrable C.2 Czech Arbitration and Foreign Bankruptcy C.3 Foreign Arbitration and Czech Bankruptcy C.3.1 Czech bankrupt debtor as claimant C.3.2 Czech bankrupt debtor as respondent  C.4. Conclusion