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.
3.I. ESSENCE OF THE ARBITRATION AGREEMENT AND LAWS APPLICABLE TO THE ARBITRATION AGREEMENT 3.I.1 The importance of determining the nature of the arbitration agreement and procedural contracts There are a number of opinions regarding the nature of the arbitration agreement, including the opinion that the nature of the arbitration agreement is unimportant,3 with which the author of this commentary disagrees.4 The nature of the arbitration agreement is capable of influencing the determination of the law governing the individual terms of the agreement, the legal personality of the parties, the arbitrability of the dispute, and the formal validity of the agreement (for more details, see also the commentary Section 36 of the ArbAct). In arbitration agreements with an international dimension (in the international arena), the nature of the arbitration agreement is also the decisive factor determining the choice of the applicable conflict-of-laws rules or the determination of the laws relating to civil proceedings. The nature of the arbitration agreement thereby often influences the determination of applicable law. Consequently, neglecting the nature of the arbitration agreement is, to say the least, very risky.