Transitional Provisions - Chapter 48 - 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.
48.I. TRANSITION FROM THE PROVISIONS OF THE 1963 ARBACT (THE 1963 ACT) TO THE PROVISIONS OF THE ARBACT (THE 1994 ACT)
As a matter of principle, procedure under the Arbitration Act is followed on the basis of arbitration agreements concluded after that Act has entered into effect (i.e. concluded no earlier than 1 January 1995). In rare cases, it is possible to apply current legislation (subject to an assessment of the specific arrangements contained in the arbitration agreement) to arbitration agreements concluded before the effective date of the Arbitration Act, provided that the effect of such agreements is tied to the effect of the current Arbitration Act by a condition precedent. The last of these options is borne out by the fact that, while hardly widespread, it is an established practice.
Disputes based on arbitration agreements concluded up to and including on 31 December 1994, i.e. limited to disputes in international commerce, continue to be heard in accordance with Act No 98/1963 Coll. on arbitration in international commerce and on the enforcement of arbitral awards (the 1963 ArbAct).