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Case Details

Case Details
National ID 31 Cdo 1945/2010
Member State Czech Republic
Common Name link
Decision type Other
Decision date 11/05/2011
Court Nejvyšší soud (Supreme court)
Subject
Plaintiff
Defendant
Keywords

Unfair Contract Terms Directive, Article 3, 3.

Unless the arbitration agreement governs appointment of arbitrator on an ad hoc basis or a specific method of their appointment and refers to “the Referee Order” issued by a legal entity that is not a permanent arbitration tribunal established by law, such an arbitration agreement is void according to the section § 39 of the Czech Civil Code for conflict with the law.
Parties added an arbitration clause into purchase agreement on transfer of a real property (the "Purchase Agreement").
However, the Supreme Court states that it is not possible to negate any arrangement in an arbitration clause which is contrary to law and for which can be deduced a clear effort to damage the "weaker" party to the contractual relationship by means of the principle of contractual autonomy.
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