Ruling of the Pécs Regional Court Ref. No. Gpkf. IV.30.014/2005 delivered in 2006
Rationes Decidendi:
A demand for the annulment of an arbitral award may only be made by a party (participant) to the relevant arbitral proceedings or by a person that is subject to an obligation imposed by the arbitral award, provided that the arbitral award has been delivered to such a person.
A person that is not a party (participant) to proceedings, is not subject to any obligation imposed by an arbitral award, and has not been delivered the arbitral award does not have the right to demand the annulment of the arbitral award even if the arbitral award contains a reference to such a person.
annulment of arbitral award
right of action
nature of claim
actual state of affairs
facticity
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
