Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Czech Republic
An objection of lack of jurisdiction due to the nonexistence, invalidity or expiry of the arbitration agreement may be raised no later than at the point of the objecting party’s first procedural act concerning the merits.

For more information about this answer please contact: Vladimír Čížek from Schoenherr Attorneys at Law
4.2
Can a tribunal rule on its own jurisdiction?
 
Czech Republic
Pursuant to the Arbitration Act, the arbitrators are entitled to decide on their jurisdiction. Should they find that they have no jurisdiction to decide the case, they shall issue a decree to this effect.

For more information about this answer please contact: Vladimír Čížek from Schoenherr Attorneys at Law
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Czech Republic
A court is not competent to rule on the jurisdiction of the tribunal. However, the court may annul an arbitration award upon the request of a party if any of the arbitrators who took part in the proceedings was not called to decide on the case based on the arbitration agreement or otherwise, or was incapable of serving an arbitrator.

If the arbitration award is annulled for one of these reasons, and unless the parties agree otherwise, the arbitrators who issued the annulled arbitration award shall be excluded from deciding on the case afresh.

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