Decision of the Supreme Court No IV CZ 41/09 of 7 May 2009
Rationes Decidendi:
In accordance with Article 715 k.p.c. [POL], which is applicable to this case and the analogy of which is Article 1207 § 2 k.p.c. [POL] for proceedings initiated on a motion [...], procedural rules applicable to proceedings before the court of first instance are applied to proceedings on the annulment of an arbitral award. In this respect, Article 23 k.p.c. [POL], among others, should be applied; according to this provision, in disputes on the relinquishment or removal of the subject of lease or sublease the subject of the dispute is the amount of rent for the disputed period (if the contract has been concluded for a fixed period), or the amount of
rent for three months (if it has been concluded for an indefinite period).
court of first instance
applicable rules
proceedings initiated on a motion
rent
subject of lease
annulment of an arbitral award
fixed term contract
contract of indefinite duration
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
Mgr. Tomáš Řezníček (*1978) works as a legal trainee in the Law Offi ces of Bělohlávek, Prague, Czech Republic. Graduated from the Law Faculty of Charles University in Prague in 2007, also absolved foreign studies at the Law Faculty of Jagiellonian University in Krakow. Coauthor of various articles with prof. A. Bělohlávek published in professional periodicals in the Czech Republic. Field of interest: Commercial Law, Private International Law, Pharmaceutical Law.
e-mail: tomas.reznicek@ablegal.cz
