Making the Arbitral Award and Reasons - Chapter 25 - Arbitration Law of Czech Republic: Practice and Procedure
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.
25.I. SECTION 25(1) OF THE ARBACT: MAKING THE ARBITRAL AWARD AND A WRITTEN EXECUTION THEREOF
The first sentence of Section 38(1) of the ArbAct is fully applicable to tribunal decision making, i.e. decision making by more than one arbitrator1 (for more on this issue, see the commentary on Section 7 of the ArbAct). When decisions are taken by a sole arbitrator, the award must be signed by that arbitrator. Unlike the full-chamber hearing and adjudication of a case before a court, in arbitration there is no need to draw up a record of votes cast. In cases of tribunal decision making, it is up to the arbitrators deciding on a particular issue and other procedural matters in a case whether to draw up such a record. Nevertheless, it would be appropriate for the written copy of the award to state, at a bare minimum, that the arbitral award has been rendered by a majority or unanimously, as the case may be. If a record is drawn up on the tribunal’s voting, then it is solely at the discretion of the arbitrators whether to include that voting record as part of the case file and, in particular, whether it is to form part of the documentation archived in accordance with Section 29 of the ArbAct. In this respect, provisions of regulations on judicial proceedings cannot be applied to voting records in cases of tribunal decision making. This is because a voting record is always drawn up in judicial proceedings, and the archiving thereof as part of the case file is subject to special arrangements.