The Constitutional Court of the Czech Republic has repeatedly accentuated the principle of freedom of contract, also in relation to arbitration clauses. The mere incorporation of arbitration clauses in the laws and regulations is not considered a restriction of access to court, i.e. no violation of Article 36(1) of the Charter of Basic Rights. However, it is desirable that the waiver of the right to have the dispute reviewed by a court be permissible, unambiguous, and made out of one’s own free will.
rules on procedure
permanent arbitral institutions
“ad hoc” arbitration
independence
impartiality
invalidity of the arbitration clause
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
