Scope of the Arbitration Agreement in Terms of Substance and Interpretation of Same Pursuant to Substantive (Civil) Law; Unjust Enrichment as Subject Matter of Disputes in Arbitration (Arbitrability) (Czech Supreme Court; September 15, 2009)
Judgment 33 Cdo 4731/2008 of the Czech Supreme Court of September 15, 2010:
Laws Taken into Account in This Ruling:
- Act [CZE] No. 40/1964 Coll., as amended, Civil Code: § 35 (2)
- Act [CZE] No. 99/1963 Coll., as amended, Code of Civil Procedure: Sec. 106 (1)
- Act [CZE] No. 216/1994 Coll., as amended, Act on Arbitration and on the Enforcement of Arbitral Awards
keywords
grammaticallogical
and systematic interpretation
verbal expression
verbal interpretation
unjust enrichment
contents of the deed
contents of the declaration of will
legal act
arbitration clause
arbitration agreement
loan agreement
systematic interpretation
rules of interpretation
collateral assignment of rights
suspension of court proceedings
prohibition of a review on the merits
annulment of the arbitral award
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
