Abstract
While the paucity of case law on the subject prevents drawing definite conclusions on particular interpretations and applications of the Convention in Czech Republic, this might also indicate that Czech Courts have little difficulty in applying it in a consistent and straightforward manner.
Alexander J. Bělohlávek is professor at the Faculty of Law of Charles University in Prague and international arbitrator.
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Notes
- 1.
As a preliminary point, the present case law of the Czech courts on the Convention is very scarce. From the public databases, it is possible to identify four decisions of the Czech Constitutional Court, mainly dealing with the breach of the principle of due process, and one decision of the Supreme Court of the Czech Republic, dealing with an objection against enforcement on the basis of the fact that the arbitral tribunal did not provide the party with an opportunity to be heard. Due to the general absence of case law dealing with the issues included in this questionnaire, this report is basically given on the basis of the experience of its author with arbitration proceedings in the Czech Republic, be it as an arbitrator or as counsel before the Czech courts
- 2.
In the original: “Vyhláška ministra zahraničních věcí č. 74/1959 Sb., ze dne 6. listopadu 1959 o Úmluvě o uznání a výkonu cizích rozhodčích nálezů.”
- 3.
ICC guide to national procedures for the recognition and enforcement of an award under the NY Conv, p. 136.
- 4.
The list of bilateral treaties on mutual legal assistance can be found on the website of the Czech Ministry of Justice: http://194.213.41.20/justice/ms.nsf/Dokumenty/DFE08ABB357775C6C1256A2A004F250D (accessed on June 3, 2013). The non-exhaustive list of states with which the Czech Republic has concluded bilateral treaties on mutual legal assistance and which cover the issues of the recognition and enforcement of foreign arbitral awards includes: Albania (Notice No. 97/1960 Coll.); Bosnia and Herzegovina, Croatia, Yugoslavia and Macedonia (Notice No. 207/1964 Coll.), Yemen (Notice No. 76/1990 Coll.), Cyprus (Notice No. 96/1983 Coll.), Mongolia (Notice No. 106/1978 Coll.), Portugal (Notice No. 23/1931), Romania (Notice No. 1/1996 Coll.), among others.
- 5.
Paragraph 38 of Act No. 216/1994 Coll., as amended.
- 6.
See Paragraphs 120-122 of Act No. 91/2012 Coll., on Private International Law.
- 7.
Section 5: Provision on the relation to foreign countries. Paragraph 36 and seq. of the Act on Arbitration [Czech Republic].
- 8.
Decision of the Supreme Court of the Czech Republic of September 15, 2010, Docket No. 33 Cdo 4731/2008.
- 9.
Section 5: Provision on the relation to foreign countries, Paragraph 36 and following of the Act on Arbitration.
- 10.
For details, see BĚLOHLÁVEK, A. Arbitration in the Czech Republic : Law and Practice. Huntington (New York: JurisNet LLC 1995) p. 1380 et seq.
- 11.
Act No. 99/1963 Coll., on Civil Procedure, Sections 7(1), 9(1), 36a(1), 252(1) and 254(1); Notice of Ministry of Justice No. 37/1992 Coll., Article 45.
- 12.
Act No. 97/1963 Coll., on Civil Procedure, Sections 1 and 13(1).
- 13.
Act No. 40/1964 Coll., Sections 110(1) and 112.
REFERENCES
A Bělohlávek, Arbitration in the Czech Republic: Law and Practice. Huntington (New York, JurisNet LLC, 1995)
A Bělohlávek, Arbitration Law of Czech Republic: Practice and Procedure (New York, JurisNet LLC, 2013)
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Bělohlávek, A.J. (2017). Interpretation and Application of the New York Convention in Czech Republic. In: Bermann, G. (eds) Recognition and Enforcement of Foreign Arbitral Awards. Ius Comparatum - Global Studies in Comparative Law, vol 23. Springer, Cham. https://doi.org/10.1007/978-3-319-50915-0_10
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