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.
27.I. EXCLUSION OF APPEAL AS A PRINCIPLE OF ARBITRATION One of the traditional features of arbitration is its exclusion of appeal, facilitating what is frequently cited first in the list of advantages of this method of dispute resolution, i.e. its greater flexibility and, usually, speed compared to judicial proceedings.1 On the one hand, this is a relatively harsh principle, but in the Czech Republic this also tends to be singled out as one of the main reasons why there is sometimes still a certain dismissive approach to arbitration. On the other hand, this principle is justified by the fact the parties themselves influence the establishment of the arbitration forum (the appointment of arbitrators, the formation of the arbitral tribunal, or the appointment of a single arbitrator).