Constitutional Court of Czech Republic Abandoned Strict Contractual Interpretation of Contract Theory of Arbitration. Is This on the Way towards a Modern Symbiosis between a Jurisdictional and Contractual Basis for Arbitration? (Judgment of Constitutional Court of Czech Republic, Case No. I ÚS 3227/07 of 8 March 2011)
keywords
autonomycivil procedure
different authority
jurisdictional theory
supervisory role of the courts
authority
duty to give instructions
rule of law
procedural rules
predictability of decisions
Res Judicata
equality of the parties
contract theory
consumer dispute
will of the parties
annulment of an 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
