Rationes Decidendi:
The jurisdiction of arbitral tribunals is special jurisdiction, whereas jurisdiction of courts is general jurisdiction.
Special types of disputes, such as proceedings concerning the invalidity (nullity) of a bank guarantee presented at the conclusion of a contract negotiated within the framework of public procurement, are not covered by an arbitration clause incorporated in the contract. Conversely, such disputes are subject to the [general] jurisdiction of courts.
counterfeit
general jurisdiction
scope of the arbitration clause
special jurisdiction
special type of dispute
motion for the invalidity of a bank guarantee
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
