Abstrakt
It has been proved that arbitral proceedings of industrial disputes have a long tradition in the legal predecessors of the Czech Republic. Even in the period 1948 - 1989, arbitration did not fully cease to exist although its form was strongly affected by the social and economic conditions prevailing at the time of socialism.
Giving the stated struggle to guarantee the right to a fair trial in employment disputes, we could return and combine the best of our legal tradition with recent developments of consumer protection in arbitration. There is no real obstacle for arbitration in labour law if each party will be entitled to a competent, neutral arbitrator and independent, neutral administration of the dispute; representation by an attorney or other representative at such party's expense; a fear of arbitration hearing; a face-to-face hearing; the right to present evidence and cross examine witnesses; a written explanation of the basis for the arbitrator's decision and the right to opt out of the binding arbitration and into the claims court in well defined cases.