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Recognition of a Foreign Arbitral Award - Chapter 40 - Arbitration Law of Czech Republic: Practice and Procedure

Author(s): 
Alexander J. Bělohlávek
Page Count: 
6 pages
Media Description: 
1 PDF Download
Published: 
March, 2013
Jurisdictions: 
Czech Republic,
Slovakia
Practice Areas: 
Arbitral Awards,
Types of Award,
Payment of Money, Foreign Currency,
Enforcement of Arbitral Awards,
Enforceability
Author Detail: 

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.

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Description: 

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

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As mentioned above in the commentary to Section 38 of the ArbAct, an arbitral award is a special decision, similar to most foreign decisions in terms of Section 65 of the PILP. This also corresponds to the entire concept of the enforcement of foreign titles as such. Ever since the adoption of the Act on Private International Law and Procedure, the legislator no longer requires special (separate) exequatur proceedings. (The results of such proceedings is the issue of a separate order pronouncing the (un)enforceability of the foreign title.) After the fulfillment of the formal requirements is ascertained, the foreign decision, as an enforceable title, s taken into consideration in the enforcement proceedings as if it were a domestic title.