Comparative Guides
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Results: 4 Answers
International Arbitration
6.
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
 
Czech Republic
According to the Arbitration Act, arbitrators should apply the substantive law that is applicable to the dispute. They may decide on fair and equitable grounds only when expressly authorised to do so by the parties. In consumer-related matters, the arbitrators must always apply the legal regulations on consumer protection.

For more information about this answer please contact: Vladimír Čížek from Schoenherr Attorneys at Law
6.2
Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?
 
Czech Republic
According to the Private International Law Act and the Rome I Regulation, a contract shall be governed by the law chosen by the parties. The parties may select the law applicable to the whole contract or only part thereof. In the absence of such choice, pursuant to the Private International Law Act and the Rome I Regulation, a contract shall be governed by the substantive law of the state to which it has the closest connection. Under the Private International Law Act, the substantive law applicable to rights in rem is the law of the state where the property is located. Intellectual property rights shall be governed by the law of the state where such rights are recognised and protected.

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