Rationes Decidendi:
The commencement of the proceedings for the recognition and enforcement of a foreign arbitral award must be notified to the other party (defendant).
The proceedings for the recognition and enforcement of a foreign arbitral award must guarantee equal procedural rights to all parties.
The power of attorney for the party’s representative (legal counsel) in the proceedings for the recognition and enforcement of a foreign arbitral award must contain an explicit authorization with respect to these proceedings (authorization to file a motion on behalf of and represent the client in these proceedings).
power of attorney
procedural rights
default interest
recognition and enforcement of foreign arbitral awards
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
