Judgment 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 Trial
keywords
allowing evidenceannulment (setting aside) of arbitral award
counterclaim
counterclaim
equality
equality of arms
evidence/proof
extinguishment of claim
fair trial
fundamental procedural right
grounds for annulment of arbitral award
motion to annul arbitral award
mutual claim
opportunity to state (plead) one’s case
plea of compensation
plea of set-off
powers (jurisdiction) of arbitrator
procedural defense
procedural right
providing possibility to state (plead) one’s case before arbitrator
right to a fair trial
right to be heard
set-off (offset)
statement (allegation)
taking of evidence
about the authors
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.
e-mail: office@ablegal.cz
