Czech Republic - National Report - World Arbitration Reporter (WAR) - 2nd Edition
* Alexander J. Belohlavek is a Managing Partner of Belohlavek Law Offices Prague / Czech Republic.
Originally from World Arbitration Reporter (WAR) - 2nd Edition
I. INTRODUCTION: ARBITRATION IN THE CZECH REPUBLIC – HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
1. Historical evolution of law relating to arbitration
The Czech Republic has a rather long tradition of arbitral proceedings. However, for historic reasons, the use of arbitral proceedings to resolve civil disputes only came into widespread use and became well known in the last few years. Moreover, the use of arbitral proceedings was made commonly available on 1 January 1995, when Czech Act No. 216/1994 Collection of Laws (hereinafter “Coll.”), on arbitral proceedings and on execution of arbitral awards, as subsequently amended, made it possible to resolve non-international trade disputes through arbitral proceedings. Under the previous Act No. 98/1963 Coll., only international trade disputes could be brought before an arbitral tribunal. Czech arbitration law, in terms of its origin and historic development, is most closely related to German and Austrian law. The historic link to Austrian arbitration law is particularly strong, because Czech lex arbitri and arbitral practise are strongly influenced by Austrian practise. However, the similarities between Czech and Austrian law go beyond the historic link between their arbitration laws. The laws of both countries have similar concepts regarding their approach to regulating basic social issues, which are reflected in their respective legal orders.
Nevertheless, Czech substantive and procedural law has been significantly influenced by the 40 years spent under the Communist regime, especially in the area of civil rights (e.g. laws concerning the status of a natural person or legal entity). Laws concerning civil rights have begun to develop since 1989.