The principle of party autonomy must not be (mis)used to negate [the consequences consisting in the invalidity of] arbitration clauses which violate the law and which clearly indicate an intention to harm the “weaker” contracting party (a party to the contractual relationship). A democratic country honoring the principle of the rule of law must not give up on the protection of the rights and legitimate interests which could be jeopardized in alternative proceedings conducted instead of litigation.
permanent arbitral institutions versus “ad hoc” arbitrators
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
