Case No. Rsp 1734/11 of 7 November 2011

Laws and Regulations Taken into Account in This Ruling:

- CCP [CZE] – Act [of the Czech Republic] No. 99/1963 Coll., Code of Civil Procedure, as subsequently amended: Section 106;
- ArbAct [CZE] – Act [of the Czech Republic] No. 216/1994 Coll. of 1 November 1994, on Arbitration and Enforcement of Arbitral Awards, as subsequently amended: [in particular] Section 2, Section 15, Section 16, Section 18, Section 23, Section 28, Section 31(a), Section 31(b).

I.    Scope of Arbitration Clause – Relation between Arbitration Agreement and Main Contract

II.    Interpretation of Arbitration Agreement

III.    Separability of Arbitration Clause and Validity of Main Contract and of Arbitration Agreement

IV.    Doubts about Jurisdiction of Arbitral Tribunal and Transfer of Jurisdiction over Dispute to Arbitral Tribunal

V.    Subject Matter of Resolution Terminating Proceedings for Lack of Jurisdiction of Arbitral Tribunal

VI.    Equality of Parties in Arbitration

keywords
civil law
extensive interpretation
taking of evidence
substantive-law
Kompetenz-Kompetenz
decision on the merits
international jurisdiction
separability of the arbitration clause
costs of proceedings
nullity (of cotract)
performance without any legal cause
doubts about jurisdiction
legal cause for performance
jurisdiction
jurisdictional challenge
legal fact
legal act
procedural requirement
subject matter of the main contract
separability of arbitration clause
equality of the parties
arbitral award
arbitration agreement
scope of the arbitration agreement
autonomous interpretation
court
judicial protection
main contract
structure of contract
sovereignty
domestic proceedings
constitutional right
interpretation of the arbitration agreement
interpretation of contract
termination of proceedings
annulment of arbitral award
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