Abstract
In the Czech legal practice, the problem arose of arbitration clauses in consumer contracts which confer the competence to decide disputes about contracts of arbitration courts that are not based on law. They are mostly adhesion contracts that consumers enter into without sufficient attention and awareness.
In this issue of the intersection of two questions: if it is possible to refer to such arbitration courts if Czech law on arbitration admits such a possibility only to arbitration courts established by law, and on the other hand, the question of the nature of the clauses as unfair terms within the meaning of Directive No. . 1993/13/EC. Judicial practice in resolving such disputes entirely gone abusive nature of the issues that were not parties relied, and to address only the relationship to the law on arbitration.
The arbitration clause after an incomplete examination of the NS said to be valid. Also, the doctrine is either abusive nature untouched, or only in relation to the Czech imperfect transposition to the conclusion that this question is not too promising starting point for consumers.
Contribution to the described case indicates a low level of compliance with EU law in the CR, because the relatively large SD jurisprudence EU imposes a national court to the abusive nature of the clauses examined ex officio. If the Supreme Court passed this obligation, totally committed flagrant violations of EU law.
From the case can be deduced with considerable certainty the emergence of State liability for such breach of EU law to the injured parties. Damages can claim in a national court under the case law arising.
However it is clear that in the Czech conditions will go a long time before damage will have greater assurance that its efforts to obtain legal protection to arrive at a satisfactory result.