Publication details
Arbitrabilita sporů o neplatnost právního úkonu
| Title in English | An Arbitrability of a dispute concerning nullity of legal act |
|---|---|
| Authors | |
| Year of publication | 2008 |
| Type | Article in Periodical |
| Magazine / Source | Právní fórum |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Aribtration; Arbitrability; Settlement of a dispute; Relative invalidity; Absolute invalidity |
| Description | The paper focuses on arbitrability of disputes concerning invalidity of legal act, e.g. contract. According to some authors, these disputes cannot be sumbmitted to arbitration, for the parties may not dispose with the validity of a legal act. The paper argues against these opinions having put emphasis on freedom of will of the parties regarding particularly relative invalidity. It also argues that arbitrator ought not to refuse to decide the dispute on the footing that the dispute concerns invalidity of legal act, since this is subject of controversy and should be decided in the course of arbitration proceedings. |