Arbitrability of Individual Employment Disputes
Arbitrability of Individual Employment Disputes

Author(s): Kateřina Remsová
Subject(s): Civil Law, International Law
Published by: Masarykova univerzita nakladatelství
Keywords: Arbitration; Arbitrability; Individual Employment Disputes; Arbitration Act;
Summary/Abstract: The paper deals with arbitrability of individual employment disputes for hearing and decision in the arbitration. The Czech Arbitration Act applies to both national and international arbitration and admits to hear and to decide disputes of property nature only. Claims for various property performances from employment relations are therefore generally considered to be arbitrable. In the case of disputes arising from employment relations with a status character arbitrability is questionable. The aim of this paper is to appraise the admissibility of the arbitration in employment relations. Although the employment relations have a property basis, disputes over the status of these relationships have a fundamentally different objective, especially a decision on whether a particular person is or is not in the position of the employee.

• Details
• Contents