Comparative Guides
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Results: 4 Answers
International Arbitration
3.
Arbitration agreement
3.1
What are the validity requirements for an arbitration agreement in your jurisdiction?
 
Czech Republic
Pursuant to the Arbitration Act, the arbitration agreement must be concluded in writing. An arbitration agreement concluded by telegraph, fax or other electronic means is also considered to have been made in writing if the contents and the parties to the agreement can be identified.

For more information about this answer please contact: Vladimír Čížek from Schoenherr Attorneys at Law
3.2
Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?
 
Czech Republic
Yes – pursuant to Czech case law, the invalidity of the main contract will not automatically invalidate the arbitral agreement and vice versa.

For more information about this answer please contact: Vladimír Čížek from Schoenherr Attorneys at Law
3.3
Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?
 
Czech Republic
The arbitration proceedings shall take place at the location agreed by the parties. If the parties have not agreed on the seat, the proceedings shall take place at a location determined by the arbitrators, having regard to the lawful interests of the parties.

If the parties have not agreed on the language of the proceedings, the arbitrators shall conduct the proceedings in the language they consider most suitable, so that the factual basis to decide on the case may be determined without unnecessary formalities and the parties are given equal opportunities to assert their rights.

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