A problem appeared in the Czech legal practice concerning arbitration clauses in consumer contracts awarding decision-taking competence in disputes concerning such contracts to arbitration courts that are not established on the basis of law. These are mostly adhesion contracts concluded by consumers without sufficient diligence and knowledgeability.
Two issues diffuse into each other in this area: is it possible to refer to such arbitration courts if the Czech law on arbitration proceedings awards such possibility only to arbitration courts established on the basis of law, and on the other side the issue of the character of clauses as misusing clauses in the meaning of the Directive 1993/13/EC.