Podpora cizojazyčného profilu výuky práva na PF UP reg. č.: CZ.1.07/2.2.00/

International Commercial Arbitration JUDr. Miluše Hrnčiříková, Ph.D.

History of Arbitration Middle East, Ancient Egypt Ancient Greece Roman Empire Compromissum, receptum arbitrii, enforceable penalty Middle Ages Swiss Confederation Northern Italy Germany, France, England 2500 B.C. 8th cen. B.C. 14th cen.

Arbitration as a rival to court e.g. Prunier case, 1843 ? Validity of arbitration agreement (clause comproissoire) All disputes with respect to the damage resulting from a fire, to the work and evaluation of experts, and to the performance of the policy, would be adjudicated in final instance at Paris, by three arbitrators. Nullifying all arbitration clauses concluded before the dispute when the arbitrators are not named at the time of conclusion. …distinct legal regime of international and internal arbitration

Czech legislation on ICA: Communist era ( Council for Mutual Economic Assistance – COMECON) 1972 Moscow Convention 1963 Arbitration Act on International Business Trade and Enforcement of Arbitral Awards Today's regulation Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral Awards Future regulation Act No. 91/2012 Coll., on International Private Law »International arbitration §

…modern era of arbitration International unification Supportive/less supportive jurisdictions New issues: –weaker party regulations – e.g. Directive no. 13/1993e.g. Directive no. 13/1993 –form of arbitration agreement –investment arbitration –multiparty arbitration –Med/arb –judicialization of arbitration –cost of arbitration …

France French New Code of Civil Procedure (art ) USA Federal Arbitration Act Revised Uniform Arbitration Act England 1996 English Arbitration Act National Legislation on ICA:

International Conventions on ICA: 1923 Geneva Protocol on Arbitration Clauses in Commercial Matters 1927 Geneva Convention for the Execution of Foreign Arbitral Awards 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention)New York Convention 1961 European Convention on International Commercial Arbitration (European Convention) Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (Washington Convention, ISCID Convention)

Model Law and Rules on ICA UNCITRAL Arbitration Rules (as revised in 2010) UNCITRAL Model Law on International Commercial Arbitration (with amendments as adopted in 2006) IBA Rules on the Taking of Evidence in International Arbitration (as adopted by resolution of the IBA Council in 2010) IBA Guidelines on Conflicts of Interests in International Arbitration IBA Rules of Ethics for International Arbitrators

Leading International Arbitral Institutions London Court of International Arbitration International Chamber of Commerce International Court of Arbitration WIPO Arbitration Centre American Arbitration Association and International Centre for Dispute Resolution Arbitral Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic

400 t March 2012

ICA usually involves more than one system of law or of legal rules law governing the arbitration agreement law governing the parties´ capacity to enter into the arbitration agreement law governing the existence and proceedings of the arbitral tribunal (lex arbitri) law governing the substantive issues in dispute law governing recognition and enforcement of the award Party autonomy „seat“ theory