Appointment and Selection of Arbitrators
Effective as of January 1, 2025: The Arbitration Court attached to the Czech Chamber of Commerce and the Czech Agrarian Chamber will no longer maintain a roster of arbitrators.
Disputes commenced on or before December 31, 2024 will be concluded according to the rules in effect at that time. Accordingly, the prior rules on the appointment of arbitrators will apply to these disputes. The list of arbitrators maintained by the Arbitration Court as of December 31, 2024 is available here.
From January 1, 2025 onwards, parties to arbitration proceedings are not restricted by any list in selecting their arbitrator. Parties may propose any individual who meets the statutory requirements to serve as an arbitrator (primarily under Section 4 of Act No. 216/1994 Coll., on Arbitration Proceedings and on the Enforcement of Arbitral Awards) and who also meets the conditions set by the Directive on the Requirements for Performing the Duties of an Arbitrator at the Arbitration Court attached to the Czech Chamber of Commerce and the Czech Agrarian Chamber (View PDF).
Arbitrators appointed by the parties are always subject to confirmation by the Arbitration Court. The appointed arbitrator must first inform the Arbitration Court whether they consent to and can accept the nomination (every arbitrator must meet criteria for impartiality and independence). The arbitrator also provides additional information and undertakes to comply with the rules of the Arbitration Court (including the Code of Ethics – view PDF).
Confirmation of the arbitrator is carried out by the President of the Arbitration Court or by the Presidium of the Arbitration Court if the President deems it necessary. Prior to confirming an arbitrator, the President of the Arbitration Court may request the parties’ opinions as well as further information from the appointed arbitrator. If an arbitrator appointed by a party is rejected, that party may appoint another arbitrator within a specified time period. If the newly appointed arbitrator is again rejected, the right to appoint an arbitrator expires, and the arbitrator will then be appointed by the President of the Arbitration Court.
If a dispute is to be decided by a three-member panel and the parties have not agreed otherwise, the arbitrators appointed by each party will select the chair of the panel. This selection of the panel’s chair is also subject to confirmation by the President of the Arbitration Court (the same confirmation procedure applies as for arbitrators appointed by the parties).
Where a dispute is to be decided by a sole arbitrator in accordance with the Rules of the Arbitration Court, that single arbitrator is appointed by the President of the Arbitration Court. If the arbitration clause was concluded in a contract with a consumer before December 1, 2016 (i.e., the arbitration clause is valid and the dispute can be heard in arbitration), the dispute may only be decided by an arbitrator listed in the register of consumer-dispute arbitrators maintained by the Ministry of Justice
FAQ
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When can one turn to the Arbitration Court?
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What is the advantage of arbitration before the Arbitration Court compared to proceedings before a state court?
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Must an arbitration clause be concluded in writing?