Czech and Central European Yearbook of Arbitration 2011: The Relationship between Constitutional Values, Human Rights and Arbitration

To view the PDF version, Click Here.

The topic for the inaugural edition of the Czech (& Central European) Yearbook of Arbitration (CYArb) is a highly interdisciplinary investigation into the relationship between human rights and arbitration. While providing a broad comparative approach of national tribunals from the perspective of different legal traditions, this topic has many significant practical aspects, such as service of process in arbitration proceedings. The CYArb also features articles by leading authorities from not only the Czech Republic but also Central and Eastern Europe, Switzerland and Russia on different topics in international arbitration; The Yearbook includes commentary and analysis of selected important case law - where international arbitration and the courts meet - from Bulgaria, the Czech Republic, Hungary, Poland and Russia. To ensure the integrity and quality of the CYArb, it boasts an Advisory Board featuring leading arbitration figures of the region, including:

Anton Baier, Vienna, Austria
Silvy Chernev, Sofia, Bulgaria
Sir Anthony Colman, London, UK
Bohuslav Klein, Prague, Czech Republic
Pierre Lalive, Geneva, Switzerland
Piotr Nowaczyk, Warsaw, Poland
Ivan Szász, Budapest, Hungary
Stanislaw Soltysiński, Warsaw, Poland
Jozef Suchoža, Košice, Slovak Republic
Vladimír Týč, Brno, Czech Republic

A vital component of the CYArb is the unprecedented cooperation from the leading academic and arbitral institutions in the field:

In the Czech Republic, this endeavor has the cooperation of the following institutions:

– Faculty of Law, Charles University, Prague,
– Faculty of Law, Masaryk University, Brno,
– Faculty of Law, University of West Bohemia, Pilsen,
– Faculty of Law, Palacký University, Olomouc,
– Institute of State and Law, Academy of Sciences of the Czech Republic

In the Slovak Republic:

– Institute of State and Law, Slovak Academy of Sciences,

A large degree of collaboration was provided by the permanent arbitration courts and other institutions in the region:

· International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC)
· Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania
· Arbitration Court attached to the Hungarian Chamber of Commerce and Industry
· Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic
· Arbitration Court attached to the Czech-Moravian Commodity Exchange
· ICC National Committee Czech Republic
· The Court of Arbitration at the Polish Chamber of Commerce

The degree of collaboration and cooperation from leading individuals, academic and arbitral institutions, allows the CYArb to fulfill its goal of being the leading Yearbook on arbitration developments and case law for the region.

Contents

List of Abbreviations

ARTICLES

Matej Accetto
The Past and Possible Futures of European Union Judicature

Bogusław Banaszak & Łukasz Żukowski
Regulatory Framework and Characteristics of Arbitration Judicature in Poland

Alexander J. Bělohlávek
Arbitration from Perspective of Right to Legal Protection and Right to Court Proceedings (the Right to Have One's Case Dealt with by a Court): Significance of Autonomy and Scope of Right to Fair Trial

Matija Damjan
Arbitral Interim Measures and the Right to Be Heard

Rainer Arnold & Elisabeth Meindl
The EU Charter of Fundamental Rights and Public Policy in International Arbitration Law

Leonila Guglya
Conflicts of Interest in Arbitration: The News from the Russian Federation

Vladimir Khvalei
Constitutional Grounds for Arbitration and Arbitrability of Disputes in Russia and Other CIS Countries

Karel Klíma
Constitutional Environment and the Phenomenon of Arbitration

Jozef Suchoža and Regina Palková
Reflections on Arbitration Proceedings: A Chance for Dispute Resolution Missed Forever?

Jana Koláčková and Pavel Simon
At the Edge of Justice: Arbitration in Unequal Relationships The Constitutional Limits of Arbitration

Miroslav Slašťan
Acceptance of Human Rights and Constitutional Values in Reviews of Arbitral Awards by the Courts of the Slovak Republic

Matthias Scherer
ICSID Annulment Proceedings Based on Serious Departure from a Fundamental Rule of Procedure
(Article 52(1)(d) of the ICSID Convention)

Thomas Schultz
The Three Pursuits of Dispute Settlement

CASE LAW

Section A
Current Case Law of the National Courts regarding Arbitration

1. Bulgaria
Alexander J. Bělohlávek

2. Czech Republic
Alexander J. Bělohlávek

3. Hungary
Alexander J. Bělohlávek

4. Poland
Alexander J. Bělohlávek and Tomáš Řezníček

5. Russian Federation
Alexander J. Bělohlávek

Section B
Special Case Law of the Courts on the Relation of Arbitration and Constitutional Issues

1. Bolivia

2. Bulgaria

3. Canada

4. Czech Republic
Alexander J. Bělohlávek and Tereza Profeldová

5. Hungary
Alexander J. Bělohlávek

6. Poland
Alexander J. Bělohlávek and Tomáš Řezníček

Section C
Case Law of the Arbitral Tribunals

Rsp 405/2009
Vít Horáček

Rsp 752/09
Dan Podstatzky-Lichtenstein

Rsp 800/2009

BOOKS REVIEWS

Andrzej Szumański & Others
Commercial Arbitration

Alexander J. Bělohlávek
Reflecting the Conflict-of-Laws Standards or Rules of the European Union in Arbitration?

NEWS & REPORTS

Amendment of the Slovak Arbitration Act of 9 March 2010 Has Not Been Signed by the President of the Slovak Republic

Report on the “Law, Economics and Arbitration” Conference Marking the 60th Anniversary of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw

Participant’s Perspective: Th e Conference on the Commemoration of the 60th Anniversary of the Arbitration Court Attached to the Polish Chamber of Commerce, Warszawa 18 November 2010

International Symposium: Selected Issues of Commercial Law in a Broader Context: A Report

Current Events, Past & Ongoing CYIL / CYArb Presentations

Selected Bibliography of Czech and Slovak Authors for 2010

Important Web Sites

Index

About the Editors:

Alexander J. Belohlávek Univ. Prof., Dr. jur. Et Mgr., Dipl. Ing. oec/MB, Dr. is Founder and Senior Partner of The Bělohlávek Law Offices, Prague. He is a Member of the International Court of Arbitration at the International Chamber of Commerce (ICC) in Paris as well as Member of the ICC Commission on International Arbitration and a Member of the National Committee of the ICC in the Czech Republic. He is a member of the Dept. of Law Sciences Faculty of Economics, Ostrava, Czech Republic; Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, Czech Republic. He has acted as arbitrator or counsel in more than 170 international arbitrations and is listed as arbitrator with the international arbitral centers of several economic chambers in Central Europe. He has published numerous books and articles on arbitration and business law.

Prof. JUDr. Nadežda Rozehnalova, CSc. Is Professor and Dean of the Faculty of Law of Masaryk University in the Czech Republic. She is the author of a host of scholarly monographs and articles appearing in professional periodicals both in the Czech Republic and abroad dealing with arbitration and international law.