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Results: 4 Answers
International Arbitration
13.
Enforcement of awards
13.1
Are awards enforced in your jurisdiction? Under what procedure?
 
Czech Republic
Awards issued in the Czech Republic can be enforced once they are final, if the respondent fails to comply voluntarily with the award. Since an enforceable award has the same effects as an enforceable judgment, there is no special procedure for the recognition of awards. The claimant can choose between:

  • enforcement under the Civil Procedure Code, which is executed by court bailiffs; and
  • enforcement under the Enforcement Code, which is executed by private bailiffs.

In general, enforcement under the Enforcement Code is considered swifter and more likely to succeed. In addition, the claimant need not be aware of and pursue property of the respondent itself, as private bailiffs will suggest a suitable type of enforcement on their own motion.

Awards issued in countries which are parties to the New York Convention are enforceable without a special procedure by court bailiffs under the Civil Procedure Code. However, pursuant to recent Czech Supreme Court case law, foreign awards can be enforced under the Enforcement Code only subject to prior recognition proceedings. This case law has been criticised by some commentators, who claim that it contradicts the New York Convention.

For more information about this answer please contact: Vladimír Čížek from Schoenherr Attorneys at Law