Podpora cizojazyčného profilu výuky práva na PF UP

reg. č.: CZ.1.07/2.2.00/15.0288

International Commercial Arbitration

JUDr. Miluše Hrnčiříková, Ph.D.

History of ArbitrationMiddle 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.

FranceFrench New Code of Civil Procedure (art. 1442-1527)

USAFederal Arbitration Act

Revised Uniform Arbitration Act

England1996 English Arbitration Act

National Legislation on ICA:

Czech legislation on ICA:

• 1972 Moscow Convention

• 1963 Arbitration Act on International Business Trade and Enforcement of Arbitral Awards

• Act No. 216/1994 Coll., on Arbitration

and Enforcement of Arbitral Awards

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)

• 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 Chambre 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

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

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. Seat of the arbitration – France, Paris.