Resolution of the High Court in Prague, Case No. 12 Cmo 496/2008 of 28 May 2009

In their arbitration agreement, the parties must agree on (an) ad hoc arbitrator(s) or on a permanent arbitral institution established under the law (Section 2(1) of the ArbAct [CZE]). An ad hoc arbitrator, or arbitrators should there be more than one, must always be (a) natural person(s) and be identified directly in the arbitration agreement, or the arbitration agreement can define the method of appointment and the number of arbitrators.

keywords
agreement on arbitrator
permanent arbitral institution
method of selecting (identifying) arbitrator
rules on procedure
“ad hoc” arbitration
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