Ještě k rozhodčímu řízení před Rozhodčím soudem při Hospodářské komoře ČR a Agrární komoře ČR
Still to the Arbitration Proceeding before the Arbitration Court at the Czech Chamber of Commerce and the Agrarion Chamber of the Czech Republic
Author(s): Karel MarekSubject(s): Commercial Law
Published by: Vysoká škola finanční a správní, a.s.
Keywords: Arbitration Court; obligational relations; Code Civil; Rules of the Arbitration Court; application rights before the Court; dispute resolution; arbitration; the Arbitrator; taking of evidence
Summary/Abstract: Article discusses the Rules of the Arbritration Court attached to the Economic Chamber of the Czech republic and Agricultural Chamber of the Czech republic. Notes that the provisions on obligational relations which concern the application of rights before court,court proceeding or court decisions, shall apply as appropriate to the application of rights before an Arbritration Court (arbitrator), to arbitration proceedings or to the award if they based on a valid arbitration agreement. The evidence is governed by § 20 of the Arbitration Act. The fundamental categories of evidence is documentary evidence that due to the nature of the settlement agreements, which are negotiated in arbitration, are usually sufficient to prove the facts alleged by the parties. The Act provides that evidence questioning the parties, witnesses or experts – the kind of evidence in civil proceedings before courts quite common and can say essential – may tribunals shall be performed only if that person to control voluntarily attend and testify. Other evidence may only be used if they are provided to them. The cause of this specific adjustment during the proof is the fact that to carry out its tasks does not have an arbitrator or arbitral tribunal coercive state power for their regulation.
Journal: Forenzní vědy, právo, kriminalistika
- Issue Year: 4/2019
- Issue No: 2
- Page Range: 162-178
- Page Count: 17
- Language: Czech