Arbitrability of Disputes from Contract on Joint Enterprise Association; Exclusion of Jurisdiction of Courts (Ploieşti Court of Appeal No. 61 of 19 January 2010)

Rationes Decidendi:

An arbitration clause in a contract concerning property rights that determines jurisdiction over a particular dispute arising from the contract, as well as an agreement on the management of arbitral proceedings before a permanent arbitral institution, exclude the jurisdiction of courts.
Disputes over the rights and obligations from a contract on joint enterprise (association) are also arbitrable. Arbitrators are also entitled to make decisions on the dissolution of  ssociations and the liquidation thereof, as well as on the obligations connected with the drawing up of financial statements (balance) of associations.
If the arbitration clause identifies a particular permanent arbitral institution, this permanent arbitral institution has jurisdiction, and the proceedings are not ad hoc arbitration.
The objection of a lack of jurisdiction of a court on the grounds of an arbitration clause excluding the court’s jurisdiction shall only succeed if there exists an arbitral tribunal to which the court could refer the motion as the forum competent to hear and resolve the case.

keywords
arbitrability
appointment of arbitrator
liquidation
jurisdictional challege
arbitration clause
ad hoc arbitration
association
permanent arbitral institution
exclusion of jurisdiction of courts
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