Law Applicable to the Arbitration Agreement - Chapter 36 - Arbitration Law of Czech Republic: Practice and Procedure
Univ. professor, prof. zw.m Dr. (iur.) et Mgr. (iur), Dipl. Ing. (oec) Alexander J. Bělohlávek, dr.h.c., studied at the Law Faculty, Jan Evangelista Purkyně University in Brno (today Masaryk University in Brno}, and graduated from the Faculty of Law (Charles University) in Prague. He earned his first degree (Civil Law I.) at the Law Faculty, Charles University in Prague (CZ), in early December 1993. In 1991–1996 he lectured at the Law Faculty, Charles University in Prague (CZ), the Institute of Copyright, Industrial Property Rights and Competition Law, subsequently at the Department of Commercial and Economic Law – Private International Law Division at the same university. He has been a member of the Department of Law, Faculty of Economics, VŠB – Technical University of Ostrava (CZ) since 1992. He is a member of the department council for postgraduate doctoral studies at the Faculty of Economics, VŠB – Technical University in Ostrava (CZ), and at the Faculty of Law, Masaryk University in Brno (CZ). He was awarded the title of associate professor (docent) in 1996. He has been a commercial lawyer since 1993; in 1994 he was admitted to the bar in Prague, with a licensed branch of his law firm in the U.S. (New Jersey). On 1 April 2001 the author was pronounced a full professor. In 2002 he was also awarded the honorary title of doctor honoris causa at Kiev University in Ukraine, Faculty of Law and Economics. Since 1 October 2012 is also chairing the department of International Law and International Relations of the Faculty of Law and Administration WSMW, Warsaw (Poland).
Apart from his legal practice and lecturing, the author has held many offices and has become a member of several major foreign institutions, associations, and commissions. Since 2011 the author has been a President of the WJA - The World Jurist Association (established in Washington, D. C., USA).
He has worked as an arbitrator with the Arbitration Court at the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic for domestic and international disputes, the International Arbitration Court with the Austrian Economic Chamber in Vienna (Austria), the International Arbitration Court with the Ukrainian Chamber of Commerce and Industry in Kiev, as well as with arbitral institutions in Alma-Ata (Kazakhstan), Chisinau (Moldova), Moscow (Russia), Ljubljana (Slovenia), Vilnius (Lithuania), Sofia (Bulgaria) etc.; he resolves disputes under the auspices of the ICC (International Chamber of Commerce) International Court of Arbitration in Paris and under the UNCITRAL Rules. He is also a member of the ICC (International Chamber of Commerce) International Court of Arbitration on behalf of the Czech Republic, member of the Swiss Arbitration Association (ASA), the Austrian Arbitration Association, the German Institution of Arbitration (DIS), a member of the International Chamber of Commerce (ICC), Chairman of the Commission on Arbitration – ICC (National Committee Czech Republic), the ASIL (American Society of International Law), an Associated Member of the Law Society of England and Wales, a member of the ILA (International Law Association, Headquarters branch, London), the IBA (International Bar Association), and other international organizations.
He has also authored more than 50 books (in Czech, German, English, Russian, Ukrainian, Polish, and Romanian), more than 340 academic articles especially on arbitration, investment protection, private international law, procedural law, commercial and financial law, as well as certain topics from public international law and international finance. In the Czech Republic, the author is a member of the editorial board of Časopis pro právní vědu a praxi [Journal of Legal Science and Practice] published by the Faculty of Law, Masaryk University in Brno, Bulletin advokacie [Advocacy Bulletin] published by the Czech Bar Association in Prague, The Lawyer Quarterly published by the Institute of State and Law of the Academy of Sciences of the Czech Republic (AV ČR, v.v.i.); he is also one of the main editors of Česká ročenka mezinárodního práva® (The Czech Yearbook of International Law®) and Česká (& Středoevropská) ročenka pro rozhodčí řízení® (The Czech [& Central European ] Yearbook of Arbitration®) published in New York and the Rome case law periodical (Rome Convention – Rome I and II Regulation Case Law), as well as a member of the editorial board of the Law /Technology Quarterly Journal published in Washington, D. C., a member of the academic and publishing councils of the institute for international law, private international law, EU law, and constitutional law, Lex Lata, in the Hague (the Netherlands), a member of the professional advisory council to the Journal of International Trade and Arbitration Law, etc. The author regularly lectures in the Czech Republic and abroad (his lectures abroad were held, for instance, in Germany, the Netherlands, Austria, Switzerland, Poland, Ukraine, Ireland, South Africa, Qatar, India, Mauritius, Australia, the U.S., and other countries).
CHAPTER 36
LAW APPLICABLE TO THE ARBITRATION
AGREEMENT1—SECTION 36
(1) The permissibility of the arbitration agreement is governed
by this Act. Other requirements of the arbitration agreement
are governed by this Act if the arbitral award is to be made
in the Czech Republic.
(2) The form of the arbitration agreement is governed by the law
applicable to the other requirements of the arbitration
agreement; it shall suffice, however, if the form complies
with the law of the place or places where the will of the
parties was expressed.
* * *
Rules effective from 1 January 2014:
Section 117 of the PIL [Arbitration agreement]2
(1) The permissibility of the arbitration agreement is governed by
Czech law. Other requirements of the arbitration agreement are
governed by the law of the state in which the arbitral award is to
be made.
(2) The form of the arbitration agreement is governed by the law
applicable to the other requirements of the arbitration agreement;
it shall suffice, however, if the form complies with the law of the
place or places where the will of the parties was expressed.