Judgment of the Regional Court in Olomouc (in the statement of grounds) No 22 Cm 18/2001-90 of 30 May 2001 (upheld by the Resolution of the High Court in Olomouc of 10 October 2001)

A challenge raised on account of doubts about the independent and impartial decision making of an arbitrator registered in the list of arbitrators maintained by a private entity other than a permanent arbitral institution is legally meaningless if no other good reason is given as to why the person in question should not be appointed as arbitrator. Likewise, the mere inclusion of an arbitrator chosen by the claimant and the inclusion of the claimant’s legal representative in the same list of arbitrators in which lawyers from across the Czech Republic are registered is not a reason to doubt their impartial decision making.

keywords
independence
impartiality
entities other than a permanent arbitral institution
lists of arbitrators
entry in the list of arbitrators
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