Case law

  • Case Details
    • National ID: 31 Cdo 1945/2010
    • Member State: Czechia
    • Common Name:link
    • Decision type: Other
    • Decision date: 11/05/2011
    • Court: Nejvyšší soud (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Unfair Contract Terms Directive, Article 3, 3.
  • Headnote
    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.
  • Facts
    Parties added an arbitration clause into purchase agreement on transfer of a real property (the "Purchase Agreement").
  • Legal issue
    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.
  • Decision

    Full text: Full text

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  • Result