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What we arbitrate?

Arbitration (sometimes referred to as “arbitral proceedings”) is an out-of-court method of resolving disputes through independent and impartial arbitrators. It is frequently used as an alternative to civil litigation for resolving property-related disputes. Arbitration proceedings are non-public, and—together with their speed and often lower costs compared to standard court proceedings—this confidentiality is considered one of their greatest advantages.

Arbitration in the Czech Republic is governed by Act No. 216/1994 Coll., on Arbitration Proceedings and on the Enforcement of Arbitral Awards, as amended, which took effect on January 1, 1995. Previously, Act No. 98/1963 Coll. applied, under which only disputes arising from international trade relations could be decided by arbitration. With the adoption of the new arbitration act, the scope of disputes that can be resolved outside of state courts has expanded significantly. Under current legislation, all property-related disputes can be heard in arbitration—except those arising in connection with enforcement proceedings and incidental disputes—provided the parties to those disputes agree to arbitrate. Effective December 1, 2016, it is no longer possible to enter into a valid arbitration agreement with a consumer in commercial relations. Therefore, our Arbitration Court will not hear consumer disputes arising from agreements concluded after that date.

A traditional area for resolving disputes via arbitration is the realm of commercial activity, which—thanks to the current legislation—is no longer limited to international commerce alone and now includes domestic trade as well. Arbitration may proceed before one or more arbitrators appointed by the parties for that specific dispute (“ad hoc” arbitration), or it may be conducted before a permanent arbitration court established by law (institutional arbitration).

Another advantage of arbitration lies in the relative ease of enforcing arbitral awards: the 1958 New York Convention provides for the recognition and enforcement of arbitral awards in 159 countries worldwide (as of September 2018).

What we arbitrate?

Domestic disputes
arbitrating property disputes between parties from the Czech Republic
Other disputes
arbitrating property disputes where at least one party is from abroad.

Alternative dispute resolution (ADR)
of consumer disputes is a system offering an alternative solution to traditional litigation. Consumer disputes are disputes arising out of contractual obligation breaches between providers and consumers. Most typical consumer disputes concern recognition of claims of defective goods purchased in a shop but, essentially, they can involve most disputes arising between entrepreneurs as providers and consumers. The Arbitrators of the Arbitration Court arbitrated consumer disputes for many years and were bound by effective law on consumer protection. The arbitration was held in conformity with the principles of fair trial. The amendment to the Act No. 216/1994 Coll., on Arbitration Proceedings and Enforcement of Arbitral Awards which came into effect on 1st December 2016 stipulated that the Arbitrational court can no longer arbitrate the consumer disputes under the arbitration clauses concluded after 1st December 2016.
Healthcare payments disputes
The Arbitration Court is an independent body without direct ties to the Executive Branch, healthcare providers or health insurers and healthcare funds. For patients the Arbitration Court comes as a long-awaited and desired tool offering independent and effective supervision of decision-making on health insurance claims to which they compulsorily contribute.

The Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic is one of the first institutions in Europe offering on-line arbitration. On-line arbitration is a brand new form of arbitration providing an effective tool especially for resolution of simple commercial disputes. The entire proceedings are electronic and take thirty five days on the average, from filing the lawsuit electronically (including attachments), fee payment, arbitrator appointment, decision, and issuance of the arbitral award. The on-line arbitral award may be obtained in a paper document form from the Secretary of the Arbitration Court.

This modern form of arbitration proceedings is a cost-efficient tool quickly becoming popular among businessmen. On-line arbitration is a closed session proceeding and we provide a special website for each dispute accessible only to the parties and the arbitrator. If circumstances arise making on-line arbitration inconvenient for a dispute started in this form, it is always possible to “transform” the on-line proceedings into the standard arbitration form.

APPOINTMENT AND SELECTION OF ARBITRATORS

PRESIDENCY & SECRETARIAT

COURT STATISTICS

ARBITRATION COURT IN THE MEDIA

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ARBITRATION CLAUSE

Recommended wording of arbitration clauses for contracts.

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FAQ

When can one turn to the Arbitration Court?
What is the advantage of arbitration before the Arbitration Court compared to proceedings before a state court?
Must an arbitration clause be concluded in writing?

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CONTACT

Tel: +420 222 333 340

E-mail: praha@soud.cz