Judgment of the Supreme Cassation Court No. 16, Civilian Ref. No. 199/2009, of 19 March 2009:
Rationes Decidendi:
A decision to suspend the enforcement of an arbitral award may only be made by the Supreme Cassation Court by means of a security measure (exclusive jurisdiction of the Supreme Cassation Court).
A prerequisite for a suspension of the enforcement of an arbitral award is the payment of a security.
Arbitral award enforcement and annulment proceedings are two independent proceedings, and the payment of a security or using assets as collateral as part of these proceedings fulfils different purposes. Security relating to the assets of a debtor in enforcement proceedings cannot be accepted as a security in proceedings on the annulment of an arbitral award (in connection with a suspension of enforcement) or a reason for releasing the claimant (applicant) from the duty to pay security in the annulment proceedings.
secutiry
prerequisite for a suspension of the enfocement
suspention of enforcement
payment of a security
purpose of security
enforcement of arbitral award
secutity measure
annulment of an arbitral award
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
