Comparative Guides
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Results: 4 Answers
International Arbitration
9.
The role of the court during an arbitration
9.1
Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?
 
Czech Republic
The court will stay proceedings if there is an arbitration agreement and the respondent objects due to lack of jurisdiction. The court will not stay proceedings on its own motion. The respondent must object due to lack of jurisdiction at the point of its first act in the dispute at the latest; otherwise, the objection shall be dismissed.

For more information about this answer please contact: Vladimír Čížek from Schoenherr Attorneys at Law
9.2
Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?
 
Czech Republic
At the request of either party or the arbitrators, the court can appoint an arbitrator if there is a dispute regarding the appointment of arbitrator, if a party fails to appoint an arbitrator or if an arbitrator resigns or is unable to serve as arbitrator.

At the request of either party, the court can remove an arbitrator if the arbitrator is not independent.

At the request of either party, the court can order preliminary measures if enforcement of the award is threatened.

At the request of the arbitrators, the court has the power to compel evidence (eg, to hear witnesses, experts and parties) for use in the arbitral proceedings if such evidence is not voluntarily provided directly to the arbitral tribunal.

The court can set aside the award and terminate the enforcement proceedings if the statutory requirements are met (for further details see questions 41 and 42).

For more information about this answer please contact: Vladimír Čížek from Schoenherr Attorneys at Law
9.3
Can the parties exclude the court's powers by agreement?
 
Czech Republic
The parties can exclude the court’s powers in relation to the appointment and removal of arbitrators if they specify another appointing authority or another manner to appoint or remove the arbitrators.

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