Case Law of Czech Courts on Arbitration
Judgment of Supreme Court of May 29, 2013 in Case No. 23 Cdo 3396/2012: (i) Possibility to Assert Grounds for Annulment of Arbitral Award after Deadline Stipulated in Section 32(1) of ArbAct; (ii) Prohibition of Revision au FondJudgment of Supreme Court of Czech Republic of June 24, 2013 in Case No. 23 Cdo 2166/2012: (i) Providing Possibility to State One’s Case before Arbitrator; (ii) Inadmissibility of Bill of Exchange/Promissory Note Arbitral AwardJudgment of Supreme Court of Czech Republic of June 25, 2013 in Case No. 23 Cdo 3285/2012: (i) Plea of Set-Off; (ii) Counterclaim; (iii) Jurisdiction; (iv) Equality of Parties; (v) Fair TrialResolution of Supreme Court of Czech Republic of July 10, 2013 in Case No. 31 Cdo 958/2012: (i) Review of Arbitral Award during Execution, (ii) Power of Execution Court to Examine Validity of Arbitration Clause, (iii) Power of Arbitrator to Render Arbitral Award on Basis of Invalid Arbitration Agreement, (iv) Terminating Enforcement of Decision/Enforcement of Arbitral Award Rendered by Arbitrator on Basis of Invalid Arbitration Agreement, i.e. by Arbitrator Who Lacked Jurisdiction to Render Arbitral AwardJudgment of Supreme Court of Czech Republic of July 24, 2013 in Case No. 23 Cdo 2251/2011: (i) Providing Possibility to State One’s Case before Arbitrator, (ii) Obligation of Arbitrator to Give InstructionsJudgment of Supreme Court of Czech Republic of July 29, 2013 in Case No. 23 Cdo 1369/2012: (i) Time Period for Lodging Motion to Annul Arbitral Award, (ii) Possibility of Asserting Further Grounds for Annulment of Arbitral Award in Pending Proceedings, (iii) Prohibition of Revision au FondJudgment of Supreme Court of Czech Republic of July 31, 2013 in Case No. 29 Cdo 392/2011: (i) Review of Arbitral Award during Insolvency Proceedings, (ii) Rebuttal of Arbitral Award as Enforceable Instrument by Insolvency Trustee, (iii) Different Legal Assessment of Case Where Arbitral Award Is Rendered Following Principles of EquityJudgment of Supreme Court CR of August 30, 2013 in Case No. 30 Cdo 2011/2013: (i) Negotiating Arbitration Clause, (ii) Separability of Arbitration Clause from Main Agreement, (iii) Termination of Court Proceedings If Party Pleads Existence of Arbitration ClauseJudgment of the Supreme Court CR of September 4, 2013 in Case No. 23 Cdo 3896/2012: (i) Pleading Invalidity of Arbitration Agreement/Arbitration Clause and Timely Plea, (ii) Obligation of Court, by Its Own Motion, to Examine Validity of Arbitration Agreement/Arbitration Clause in proceedings for Annulment of Arbitral AwardJudgment of Supreme Court CR, Case No. 23 Cdo 3116/2012, of September 19, 2013: (i) Allowing Party to State (Plead) Their Case, (ii) Annulment of Arbitral Award for Failure to Meet Such Obligation under Section 31(e) of the ArbAct, and (iii) Duty to Appoint Interpreter for Party When Such Need Arises in Course of ProceedingsResolution of Supreme Court of Czech Republic of September 30, 2013 in Case No. 23 Cdo 1034/2012: (i) Place of Arbitration, (ii) Foreign Arbitral Award, (iii) Jurisdiction of Czech Courts to Annul Arbitral Award If Parties Have Agreed on Place of Arbitration Abroad, (iv) International Court of Arbitration Attached to International Chamber of Commerce (ICC ARBCOURT)Judgment of Supreme Court of Czech Republic of November 27, 2013 in Case No. 23 Cdo 3365/2011: (i) Reasonable Application of CCP in Arbitration, (ii) Duty to Apply Section 118a of CCP in Arbitration, (iii) Annulment of Arbitral Award If Arbitrators Failed to Instruct Party in Terms of Section 118a of CCPJudgment of Supreme Court of Czech Republic of 27 November 2013 in Case No. 23 Cdo 2542/2011: (i) Place of Arbitration, (ii) Foreign Arbitral Award, (iii) Jurisdiction of Czech Courts to Annul Arbitral Award If Parties Have Agreed on Place of Arbitration Abroad, (iv) Possibility of Subjective Internationalization of Domestic Disputes in Consequence of Parties’ AutonomyJudgment of Supreme Court CR of November 27, 2013 in Case No. 23 Cdo 3705/2011: (i) Factual Delimitation of Grounds for Annulment of Arbitral Award, (ii) Supplementing Grounds for Annulment of Arbitral Award During Proceedings Judgment of Supreme Court of Czech Republic of November 27, 2013 in Case No. 33 Cdo 725/2011: (i) Factual Delimitation of Grounds for Annulment of Arbitral Award, (ii) Fulfillment of Condition under Section 33 of ArbAct If Invalidity of Arbitration Clause Is Pleaded Together with First Act in Case on Grounds Different from Grounds Subsequently Asserted in Proceedings for Annulment of Arbitral AwardJudgment of Supreme Court of Czech Republic of November 27, 2013 in Case No. 23 Cdo 1521/2013: (i) Pleading Invalidity of Arbitration Clause and Annulment of Arbitral Award, (ii) Exercising Right to Fully State (Plead) One’s Case before Arbitrators, (iii) Reasons for Arbitral AwardJudgment of Supreme Court of Czech Republic of December 17, 2013 in Case No. 23 Cdo 3895/2011: (i) Executing Arbitration Clause, (ii) Arbitration Clause in Form of Public Offer (Proposal), (iii) Possibility to Submit Domain Name Disputes Concerning “.cz” Domain to ArbitrationResolution of Supreme Court of CR, Case No. 26 Cdo 282/2014, of March 19, 2014: Electronic Service (Delivery) of Arbitral Award to Data MailboxResolution of Supreme Court of CR, Case No. 23 Cdo 3022/2013, of March 24, 2014: Suspension of Enforceability of Arbitral AwardResolution of Supreme Court CR of April 29, 2014 in Case No. 23 Cdo 2497/2013: Duty to Give Instructions in ArbitrationResolution of Supreme Court CR of April 29, 2014 in Case No. 23 Cdo 3697/2013: Appointment of Arbitrator/Shareholder and Executive Officer of Private Company Organizing Arbitration Acts as Arbitrator in Particular DisputeResolution of Supreme Court CR of 25 June 2014 in Case No. 23 Cdo 2247/2012: (i) Opportunity to State (Plead) One’s Case before Arbitrators; (ii) Equality of PartiesResolution of Supreme Court of Czech Republic of June 26, 2014 in Case No. 23 Cdo 657/2014: (i) Equal Standing of Parties, (ii) Surprising Decision of ArbitratorJudgment of High Court in Prague, Case No. 104 VSPH 50/2014-62: Pleading Invalidity of Arbitration Agreement in Insolvency