Judgment of the Regional Court in Brno, Case No. 44 Co 246/2010 of 27 September 2011

The conclusions of the Grand Panel of the Supreme Court of the Czech Republic of 11 May 2011, Case No. 31 Cdo 1945/2010, regarding the invalidity of arbitration clauses referring to rules issued by an entity other than a permanent arbitral institution must be accepted in courts, because their purpose is to unify the fragmented case law; from the perspective of these conclusions, the arbitration clause negotiated on 26 April 2007 must be held invalid.

keywords
unacceptable retroactive application of case law
good faith of the parties to an arbitration agreement
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