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.
23.I. CONDITIONS FOR TERMINATING THE PROCEEDINGS 23.I.1. Rendering an arbitral award An arbitral award may be rendered in all cases in which the arbitrators consider all matters to have been clarified to such an extent that, given the factual and legal circumstances, a decision may be taken in the case or in which the parties reach a settlement and seek the issue of an arbitral award further to that settlement in accordance with Section 24(2) of the ArbAct. There is fundamentally no need to take any evidence that the parties have proposed be taken. Nevertheless, the arbitrators must address each proposal of evidence. If they refuse to take certain evidence (whether by reason of redundancy, inadmissibility, or otherwise), then they must have considered such evidence proposed and taken a qualified decision thereon. They may do so with a lesser degree of formality (Section 19(2) of the ArbAct), but in all cases the approach taken by the arbitrators to proposals of evidence must be evident to the parties.