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A. LEGISLATION AND RULES A.1 Legislation International arbitration in the Czech Republic continues to be governed by Act No. 216/1994 Coll., on Arbitration Proceedings and Enforcement of Arbitration Awards, as amended (“Arbitration Act”). The Arbitration Act is based on the UNCITRAL Model Law and has not been amended since 2017. Pursuant to Section 30 of the Arbitration Act, the Czech Rules of Civil Procedure (Act No. 99/1963 Coll., as amended) (“Civil Procedure Code”) is to…

In November 2020, the Czech Supreme Court issued two decisions that are of a great importance for the development of arbitration proceedings in the Czech Republic. These were the Judgment of the Supreme Court File No. 23 Cdo 1337/2019 dated 18 November 2020 (“Supreme Court Judgement”), and the Resolution of the Supreme Court File No. 23 Cdo 3972/2019 dated 18 November 2020 (“Supreme Court Resolution”). These two decisions of the Supreme Court will inevitably contribute…

Traditionally in the Czech Republic, both national and foreign arbitration awards could have been enforced either in standard court enforcement proceedings or in proceedings administered by court-appointed bailiffs. While procedurally enforcement through a bailiff is an alternative to the enforcement through a court, the former possesses a few clear advantages. Some of the advantages include the absence of a court fee or the more pro-active role of the bailiff when it comes to investigating the…

In the proceedings file No. 23 Cdo 3870/2015, the Czech Supreme Court dealt with the issue of commencement of the thirty-day period for the appointment of the presiding arbitrator by party appointed co-arbitrators pursuant to Section 9(1) of Act No. 216/1994 Coll., on Arbitral Proceedings and Enforcement of Arbitral Awards, as amended (the “Czech Arbitration Act”). Unlike the provisions contained in the rules of arbitral institutions (see e.g. Article 12(5) of 2012 ICC Rules of…