Rationes Decidendi:
A dispute over the invalidity of the [main] contract can be heard and resolved on condition that the issue is explicitly encompassed by the scope of the arbitration clause.
The arbitration clause must precisely identify the arbitral tribunal and the seat of arbitration, or otherwise the arbitration clause is invalid.
invalidity of contract
separability
essential requirements of an arbitration agreement
jurisdiction of court
arbitration clause
scope of an arbitration clause
main contract
service agreement
identification of the arbitral tribunal
motion for the invalidity of contract
lack of court jurisdiction
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
