Parties: [X] v. [Y] – Czech companies1
Jurisdiction: Arbitration Court Attached to the Commercial Chamber of the Czech Republic and Agricultural 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 Proceedings: Czech

I. Meaning of Multi-tiered Dispute Resolution Clause

II. Withdrawal of Counterclaim, Form of Decision on Withdrawal of Claim, Lis Pendens, Status of Counterclaim and Objection of Set-off and Danger of Judgment Ultra Petita

III. Party Autonomy (Responsibility of Parties for Proper Presentation of Facts and Submission of Evidence in Proceedings) and Procedural Fiction

IV. Discretionary Power of Arbitral Tribunal to Classify, Even in Course of Final Evaluation Preceding Award, Any Particular Document Presented in Evidence as Mere Statement of Fact Made by Party, Lacking Force of Evidence

V. Lack of Any Legal Qualifi cation (Knowledge of Law) of the Party’s Representative (Counsel) Is Irrelevant – Free Evaluation (Interpretation) of Legal Circumstances and a Higher Degree of Responsibility of Parties in Commercial Relationships with respect to Acts Binding on Parties

VI. Response of Arbitral Tribunal to Withdrawal of Proposal of Evidence and Responsibility of Parties for Own Procedural Strategy

VII. Signifi cance of Petition for Insolvency and Incidental Dispute over Claim Submitted to Arbitration – Signifi cance of Prejudicial (Preliminary) Issues and Objective Arbitrability Thereof

VIII. Significance of Tribunal’s Request to Parties to Submit Supplementary Evidence

IX. Scope and Contents of Obligation of Arbitral Tribunal to Guide Parties in Course of Arbitration Proceedings towards Amicable Settlement of Dispute – Diff erences between Status of Arbitrator and Status of Mediator