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 CCP
keywords
annulment (setting aside) of arbitral awardburden of proof
cooperation agreement
duty to give instructions
duty to state relevant facts
enforcement of claims
equality of parties
evidence/proof
facts of case
form of instructions
grounds for annulment
insufficient evidence
insufficient statements of fact
legal representation (counsel)
ordre public
procedural ordre public
procedural public policy
procedural rights
proposed evidence
public policy
reasonable application of CCP
transfer of equity interest
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
