Czech Republic -- Case Law of Czech Courts on Arbitration - Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Author(s):

Alexander J. Bělohlávek

Page Count:

330 pages

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Published:

March, 2015

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The Supreme Court of the Czech Republic arrived at the following

principal conclusions:

(1) The interpretation of Section 32(1) of the ArbAct5 and Section 31 of

the ArbAct6 requires the analogous application of the Code of Civil

Procedure as concerns the possibility of asserting further grounds for

the annulment of the arbitral award in proceedings initiated within the

period of three months after the arbitral award is served on the party

who demands the annulment of the arbitral award. Section 32 of the

ArbAct7 (as applicable before the amendment implemented by Act No.

19/2012 Coll.) is only important from the perspective of determining

whether the motion itself to annul the arbitral award was lodged in

time. The provision cannot be interpreted as a limitation of the

claimant’s procedural rights to adduce in the course of the proceedings

any relevant circumstances that contain further grounds for the

annulment of the arbitral award under Section 31 of the ArbAct. The

right to supplement relevant circumstances can only be limited by

statutory procedural limits under the Code of Civil Procedure (such as

the concentration of proceedings). In other words, the party may assert

(further) grounds for the annulment of the arbitral award under Section

31 of the ArbAct in proceedings for the annulment of the arbitral award

that were commenced before the expiration of the time period under

Section 32 of the ArbAct,8 even after the time period expires.9

(2) “Unlawful” performance as one of the grounds for the annulment of an

arbitral award can be interpreted as meaning any performance that is
not approved by national (domestic) law. This will apply to