Adjudication of a dispute in arbitration is not a violation of Article 36(1) of the Charter of Basic Rights and Freedoms provided that the parties have the opportunity to influence which arbitrator (or a group of arbitrators) will be adjudicating on their rights and obligations in accordance with a valid arbitration agreement as defined in Section 2 of the ArbAct [CZE]. In this respect, the relatively broad requirements imposed by Sections 4 and 8 of the ArbAct [CZE] on the person of an arbitrator and on the determination of the number and persons of the arbitrators (or the method to determine the number and persons of the arbitrators) within the meaning of Section 7 of the ArbAct [CZE] are intended to aid the parties.
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
