Autonomy in Arbitration Procedure: Scope of Review of Arbitration Awards

Supreme Court (Sąd Najwyższy), Docket V CZ 42/08 as of 9 July 2008

Rationes Decidendi:

Arbitration is afforded broad autonomy in full compliance with the intentions of the legislature to significantly restrict the control functions of the common court. The basic aim of such legal regulation is to ensure expeditious proceedings in civil-law dispute resolution, and not to introduce an additional stage of pre-court proceedings. Parties submitting disputes to arbitration thus have to account for these conditions, which also include a minimal level of external control over.

keywords
review of arbitral award
review
civil-law
autonomy of arbitral proceedings
arbitral proceedings
function
auxiliary function of court
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


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