POZNÁMKY K ROZHODČÍMU ŘÍZENÍ PŘED ROZHODČÍM SOUDEM PŘI HOPODÁŘSKÉ KOMOŘE ČR A AGRÁRNÍ KOMOŘE ČR
Comments to the Arbitration Proceeding before the Arbitration Court at the Czech Chamber of Commerce and the Agrarian Chamber of the Czech Republic
Languages of publication
The article discusses the Rules of the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agrarian 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 the Arbitration 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 - potential 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.
509 – 523
Publication order reference