Resolution of the Sofia District Court No. 53, Civilian Ref. No. 593/2008, of 7 November 2008 (I. vs. H.):
Rationes Decidendi:
A valid arbitration clause rules out court jurisdiction. An arbitration clause may be contained in general terms and conditions to which an agreement refers, such as the FIDIC Rules. An arbitration agreement does not have to be entered into separately (explicitly).
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
