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Development of Domestic Legislation Arbitration Law Since 1949

Publication at Faculty of Law |
2017

Abstract

The author of this article discusses the development of arbitration law as one of the alternative methods of the private law dispute settlement in the Czech Republic from 1949 until the present. Arbitration is defined as the arbitration of disputes by private individuals or non-state arbitral institutions that are authorized according to the legislation to discuss and decide the submitted dispute.

The basic condition that has to be met for the process of arbitration is a valid arbitration agreement between the parties of the dispute. Arbitration proceedings are not any phenomenon of the twentieth or twenty-first century, but they existed in our country since the reign of Charles IV.

In the Czech legislation, we can see some kind of developmental amplitude when the arbitration was first accepted only for disputes of Czechoslovak legal entities (1950), then it was limited only for international trade disputes (1963) and after its considerable easing (1994) all private law disputes, including natural persons. Since then there have been abuse of this arbitration, mainly by subjects providing "quick loans" and because of that, all of the consumer disputes were excluded from arbitration (2016).

Currently we are in a period of time, when the arbitration (although it is commonly used abroad for resolving consumer disputes) is facing a considerable mistrust and is avoided in practice. It is obvious that arbitration needs a "restart", which can be achieved by new arbitration law, which would reflect existing international standards.