Rozhodčí smlouva a rozhodci ve světle některých rozhodnutí ...aneb quo vadis...?
|Title in English||Arbitration Agreement and Arbitrators in the Light of Some Judgements or else Quo Vadis?|
|Year of publication||2010|
|Type||Article in Periodical|
|Magazine / Source||Právní fórum|
|MU Faculty or unit|
|Keywords||arbitration agreement - ad hoc arbitrators - arbitrators - arbitration court - validy - appointing authority|
|Description||Arbitration is one of the favorite ways of solving disputes not only among traders, but also in relation to consumers. The promoting of the alternative methods of dispute resolution in consumer matters by the European Union influenced the growth of using of these methods. The paper deals with ad hoc arbitration in the situations, when the parties did not nominate the arbitrator and in the arbitration agreement agreed the appointing authority. The authors analyse the judgments of the High Court in Prague and of the Supreme Court of the Czech Republic. These decisions differ in opinion on the validity of the arbitration agreement, which does not contain the name of the arbitrator or the way of his nomination. The article analyses both the arbitration agreements between businessmen and the arbitration contract in the consumer matters.|