Czech Republic:
Arbitrator Cannot Be Appointed Only By One Party To A Dispute
05 February 2018
ZCH Legal
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Originally published in 27 March 2017
Pursuant to the decision passed by the Supreme Court under case
no. 23 Cdo 1098/2016 on November 8, 2016, it is
not possible to arrange in an arbitration agreement that
arbitrators could be selected only by one party to a dispute.
Therefore, the provision stating that "the selection of an
arbitrator in a dispute is up to the petitioner" is
inadmissible. Such an invalid selection of an arbitrator also
causes the arbitration clause invalid as a whole. The manner of
appointment or selection of arbitrators must be always "in
compliance with the principle of equality of parties as one of the
fundamental procedural principles, which serves as the basis for
the judicial and arbitration proceedings."
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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