Claimant: [X] Swiss legal entity
Respondent: [Y] A Czech branch of a major German bank
Jurisdiction: Arbitration Court Attached to the Commercial Chamber of the Czech Republic and to the Agrarian Chamber of the Czech Republic
Place of Arbitration: Prague, Czech Republic, Seat of the Arbitration Court
Applicable law: Czech law pursuant to an agreement of the parties (choice-of-law clause in the agreement)
Language of the proceedings: Czech

I. Demonstration of the Legal Identity of the Parties in the Proceedings; Requirements for the Formality/ Non-Formality of Evidence Demonstrating the Legal Identity of the Parties; Procedure for Demonstrating the Legal Identity of the Parties

II. Deficiencies in the Designation of the Parties in the Complaint; Substantive Legitimacy of the Parties; Principle of Non-Formality/Lesser Formality of Arbitration; Designation of Parties to Proceedings

III. Debt Assignment; Preservation of the Arbitration Clause in the Event of Debt Assignment; Absence of Active Legitimacy due to Non-Receipt of Debt from Legal Predecessor; Objection concerning Absence of Active Legitimacy Combined with the Objection concerning the Absence of Authority (Jurisdiction) of the Arbitration Court; Subjective Arbitrability; Principle of Separability – Separation of the Arbitration Clause from the Principal Agreement

IV. Obligatory Nature of Business Terms / General Terms and Conditions; Necessary Requirement for Qualifi ed, Specifi c, Defi nite, and Legally Relevant Objection against the Obligatory Nature of Business Terms as a Prerequisite for Effective Procedural Defence; General Terms and Conditions as a Part of the Standard Contractual Practice between Entrepreneurs and Persons Other than Entrepreneurs in Some Sectors,  Such as Banking and Insurance

V. Importance of the Judicial Practice of General Courts; Content of Governing Law; Negative Prescription in Relation to Unjust Enrichment; Nature of Legal Relationship (Commercial Legal Relationship and the Application of the Commercial Code versus the Provisions of the Civil Code); Legal Certainty of the Parties; Predictability of Judgments Issued in Arbitral Proceedings; Predictability as a Constitutional Category of Fair Trial