Czech Republic - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s):

Martin Hrodek

Jan Zrcek

Page Count:

14 pages

Media Description:

PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"

Published:

March, 2012

Jurisdictions:

Czech Republic

Practice Areas:

Banking and Finance Disputes,

Payment of Money, Foreign Currency,

Delivery to the Parties

Author Detail:

Martin Hrodek is a Partner in Baker & McKenzie’s Prague office and head of its Dispute Resolution Practice Group. 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.

Jan Zrcek is an Associate in Baker & McKenzie’s Prague office and a member of its Dispute Resolution Practice Group.

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Description:

Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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CZECH REPUBLIC
Martin Hrodek and Jan Zrcek

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Recent Developments in Legislation

Both international and domestic arbitration seated 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 entered into force in 1995.

In the 2010-2011 Yearbook, we noted that the Arbitration Act was subject to three amendments. A fourth amendment, focusing on disputes arising from consumer contracts (the “Amendment”), had only recently been proposed. The Amendment was significantly modified before it was eventually adopted and published on 17 January 2012.3 The Amendment will enter into force on 1 April 2012.4

Apart from stipulating special conditions for arbitrations arising from consumer contracts,5 the Amendment introduced certain

Table of Contents:

CZECH REPUBLIC
Martin Hrodek and Jan Zrcek

A. Legislation, Trends and Tendencies
A.1 Recent Developments in Legislation
A.2 Trends
B. Cases
B.1 Permanent Arbitration Courts versus Czech Private Companies Administering Arbitrations
B.2 A Party's Opportunity to Present Its Case
B.3 Regulation No. 44/2001 and Court Proceedings Relating to Arbitration
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Modes and Limitations of Reliance on Public Policy
C.3 Rules that Constitute "Public Policy"
C.4 Review of Alleged Breaches of Public Policy
C.5 Conclusion