Court Is Bound by Decision on the Arbitrators’ Lack of Jurisdiction Served by Arbitration Panel; Decision-Making by Way of a Jurisdictional Decision; Status of the Arbitration Court Attached to the Economic Chamber of the Czech Republic and to the Agricultural Chamber of the Czech Republic. (Czech Supreme Court; February 25, 2010)
Judgment 29 Cdo 1899/2008 of the Czech Supreme Court of February 25, 2010:
Laws Taken into Account in This Ruling:
- Act [CZE] No. 40/1964 Coll., as amended, the Civil Code: Sec. 18 (1) (d)
- Act [CZE] No. 99/1963 Coll., as amended, the Code of Civil Procedure: Sec. 19
- Act [CZE] No. 216/1994 Coll., as amended, Act on Arbitration and on the Enforcement of Arbitral Awards: Sec. 13, Sec. 15 (1), Sec. 31
- Act [CZE] No. 219/2000 Coll., On the Property of the State and its Representation in Legal Relations
keywords
state propertyseat of arbitration
jurisdictional challenge
denial of jurisdiction
legal entity
jurisdiction of arbitration court
res iudicata
arbitration court
jurisdictional decision
decision on the merits
resolution
order on jurisdiction
binding power of arbitrators’ decision on jurisdiction for the courts
public authority
public powers
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
