Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
International Arbitration
2.
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
Czech Republic

Answer ... According to the Arbitration Act, only property disputes are arbitrable, except for disputes arising from consumer contracts, disputes relating to enforcement of a decision and disputes that arise from bankruptcy.

In addition, an arbitration agreement may be validly concluded only if the dispute between the parties can be resolved by concluding a judicial settlement.

Disputes relating to personal status, marital status, family law matters and administrative matters are not arbitrable.

For more information about this answer please contact: Vladimír Čížek from Schoenherr Attorneys at Law
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
Czech Republic

Answer ... No – the seat of arbitration is increasingly specified in the arbitration agreement.

If the seat is not determined by the parties, the proceedings shall take place at a location determined by the arbitrators, having regard to the lawful interests of the parties.

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