Obligations to Provide Information - Chapter 35D - Arbitration Law of Czech Republic: Practice and Procedure

Author(s):

Alexander J. Bělohlávek

Page Count:

2 pages

Published:

March, 2013

Author Detail:

Alexander Bělohlávek is Founder and Senior Partner of The Bělohlávek Law Offices, Prague. He is a Member of the International Court of Arbitration at the International Chamber of Commerce (ICC) in Paris as well as Member of the ICC Commission on International Arbitration and a Member of the National Committee of the ICC in the Czech Republic. He has acted as arbitrator or counsel in more than 170 international arbitrations and is listed as arbitrator with the international arbitral centers of several economic chambers in Central Europe. He has published numerous books and articles on arbitration and business law.

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Originally from: Arbitration Law of Czech Republic: Practice and Procedure

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The arbitrator is obliged to inform the Ministry without undue

delay, but no later than eight days, of any and all changes in the data

recorded in the list and any and all changes in the circumstances on

the basis of which he was registered in the list.

* * *

Related provisions: Sections 4(4), 31(c), 34(3), 35a to 35c

Related regulations: Sections 118, 124(16) of the PIL

* * *

The obligation to provide information to the MoJ as the authority in

charge of the list of arbitrators for consumer disputes is a special duty

imposed on arbitrators by the ArbAct. The MoJ has the discretion to

strike an arbitrator off the list (Section 35c(2) of the ArbAct) in case of

repeated violation of this obligation, or even in the event of a single

infringement classifiable as serious (for example, in light of the

consequences of such omissive conduct in a particular case). There may

be (•) changes to the data entered into the list (Section 35a(2) of the

ArbAct), and also (•) changes in the facts relevant for entry into this list

(see, in particular, Section 35b(1) of the ArbAct).

The obligation to provide information does not apply to facts which

could result in temporary removal from the list (Section 35c(3) of the

ArbAct), i.e. the initiation of a criminal prosecution or the initiation of

proceedings on legal capacity. In this case, there is no change in the legal

sense, as a condition of entry in the list of arbitrators for consumer

disputes is a clean criminal record (Section 4(1) and (2) of the ArbAct 2

in conjunction with Section 35b(1)(b) of the ArbAct), not the fact that no

criminal proceedings are being conducted against the candidate. A

change according to Section 35d of the ArbAct should be taken to mean

a legal change, i.e. if a legal situation (a change) becomes legally perfect.