Formal Requirements for Arbitration Agreements (Arbitration Clauses); Waiver of the Written Form; Consumer Protection under Special Law, as Opposed to under the Act on Arbitration (Czech Supreme Court; June 29, 2010)
Judgment 23 Cdo 1201/2009 of the Czech Supreme Court of June 29, 2010:
Laws Taken into Account in This Ruling:
- Act No. 40/1964 Coll., as amended, the Civil Code: Sec. 34, Sec. 55 (1), Sec. 56 (1)
- Act No. 216/1994 Coll., as amended, on Arbitration and on the Enforcement of Arbitral Awards: Sec 3
keywords
arbitration clausewritten form
offer to contract
consumer protection
conflict with consumer protection laws
adhesive contract
arbitration agreement
consumer contract
brokerage contract
consent with the arbitration clause
average consumer
contractual structure
conclusion of the 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
