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Results: 4 Answers
International Arbitration
14.
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
 
Czech Republic
Under Section 31 of the Arbitration Act, the court shall set aside an award, upon the request of either party, if:

  • the subject matter of the dispute is not arbitrable;
  • the arbitration agreement is invalid, was cancelled or does not apply to the subject matter;
  • any of the participating arbitrators were not supposed to decide the award, based on the arbitration agreement or otherwise, or lacked the capacity to serve as an arbitrator;
  • the award was not decided by a majority of the arbitrators;
  • a party was not provided with the opportunity to hear or present its case;
  • the award requires a party to proceed with performance that was not requested by the claimant or that is impossible or unlawful under domestic law; or
  • it is ascertained that reasons exist for which it is possible to request the resumption of civil proceedings.

Under Section 35 of the Arbitration Act, the party against which enforcement of an award is ordered can request the court to terminate enforcement proceedings if:

  • the award is affected by an error mentioned in Section 31(a), (d) or (f) of the act;
  • the party had to have a legal representative, but was not represented by such representative in the proceedings, and its acts were not subsequently approved; or
  • a person that acted on behalf of the party or its legal representative in the proceedings was not empowered to act as such, and its acts were not subsequently approved.
For more information about this answer please contact: Vladimír Čížek from Schoenherr Attorneys at Law
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
Czech Republic
An application to set aside an award under Section 31 of the Arbitration Act shall be filed with the competent courts within three months of the date of its delivery to the applicant.

A request for termination of enforcement proceedings under Section 35 of the Arbitration Act may be filed with the enforcement court at any time. The applicant must file an application to set aside the award with the competent courts within 30 days of its request for termination of enforcement proceedings.

For more information about this answer please contact: Vladimír Čížek from Schoenherr Attorneys at Law
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
Czech Republic
As a rule, an award cannot be appealed. The only exception to this rule is stipulated in Section 27 of the Arbitration Act, which provides that an award can be reviewed by other arbitrators if the parties explicitly stipulate this option in the arbitration agreement.

The parties cannot exclude the rights of challenge stipulated in Sections 31 and 35 of the Arbitration Act.

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