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Poznámky k rozhodčímu řízení před
Rozhodčím soudem při Hospodářské komoře ČR a Agrární komoře ČR
Comment to the Arbitration
Proceeding before the Arbitration Court at the Czech Chamber of Commerce and the
Agrarion Chamber of the Czech Republik
Prof. JUDr. Karel Marek,
CSc., University of Finance and Administration in Prague, Czech republic
Právny obzor, Volume 102, 2019,
No. 6,
pp. 509 – 523.
Published online: 31.8.2021
Abstract. Article
discusses the Rules of the Arbritration Court attached to the Economic Chamber
of the Czech republic and Agricurtural Chamber of the Czech republic. Notes that
the provisions on obligational relations which concern the apllication of rights
before court, court proceeding or court decisions, shall apply as appropriate to
the application of rights before an Arbritration Court (arbitrator), to
arbitration proceedings or to the award if they based on a valid arbitration
agreement. The evidence is governed by § 20 of the Arbitration Act. The
fundamental categories of evidence is documentary evidence that due to the
nature of the settlement agreements, which are negotiated in arbitration, are
usually sufficient to prove the facts alleged by the parties. The Act provides
that evidence questioning the parties, witnesses or experts - the kind of
evidence in civil proceedings before courts quite common and can say essential -
may tribunals shall be performed only if that person to control voluntarily
attend and testify. Other evidence may only be used if they are provided to them.
The cause of this specific adjustment during the proof is the fact that to carry
out its tasks does not have an arbitrator or arbitral tribunal coercive state
power for their regulation.
Key words: Arbitration
Court, Rules of the Arbitration Court, Dispute, Arbitration, the Arbitrator
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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