Czech (& Central European) Yearbook of Arbitration
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1 Czech (& Central European) Yearbook of Arbitration Volume III 2013 Borders of Procedural and Substantive Law in Arbitral Proceedings (Civil versus Common Law Perspectives) Editors Alexander J. Bělohlávek Filip Černý Naděžda Rozehnalová Professor Dr. Iur. Professor at the VŠB TU Charles University at the Masaryk University in Ostrava in Prague in Brno Czech Republic Czech Republic Czech Republic JURIS
2 Questions About This Publication For assistance with shipments, billing or other customer service matters, please call our Customer Services Department at: To obtain a copy of this book, call our Sales Department: Fax: Toll Free Order Line: (United States & Canada) See our web page about this book: COPYRIGHT 2013 By JurisNet, LLC All rights reserved. No part of this publication may be reproduced in any form or by any electronic or mechanical means including information storage and retrieval systems without permission in writing from the publisher. Printed in the United States of America. ISBN ISSN JurisNet, LLC 71 New Street Huntington, New York U.S.A. The title Czech (&Central European) Yearbook of Arbitration as well as the logo appearing on the cover are protected by EU trademark law. Typeset in the U.S.A. by Juris Publishing, Inc.
3 Contents List of Abbreviations... xiii Czech (& Central European) Yearbook of Arbitration ARTICLES Andrzej Kubas Kamil Zawicki The Scope of Mandatory Provisions of Procedural and Substantive Law Binding upon a Court of Arbitration... 3 Alexander J. Bělohlávek Application of Law in Arbitration, Ex Aequo et Bono and Amiable Compositeur Vit Makarius The Nature of the Burden and Standard of Proof in International Commercial Arbitration Klára Drličková The Law Applicable to Arbitration Agreements Lex Arbitri or Lex Causae of the Principal Contract? Leonid Shmatenko Is Lex Mercatoria Jeopardizing the Application of Substantive Law? Vasily N. Anurov Cause of Action in Investment Arbitration ix
4 Czech (& Central European) Yearbook of Arbitration Contents Marina P. Bardina Determination of Substantive Law by International Commercial Arbitration in Russian Law, ICAC Rules and Arbitration Practice CASE LAW Section A I. Current Case Law of the Constitutional Courts and General Courts on Arbitration Czech Republic Alexander J. Bělohlávek Hungary Alexander J. Bělohlávek Poland Andrzej Kubas Kamil Zawicki Magdalena Selwa Slovak Republic Alexander J. Bělohlávek II. Court Rulings on the Application of Law in Arbitration Czech Republic Alexander J. Bělohlávek Section B Case Law of the Arbitral Tribunals: Decisions of Arbitral Tribunals within the Jurisdiction of the Arbitration Court Attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic Current Case Law on Arbitration Alexander J. Bělohlávek Application of Law in Arbitration Alexander J. Bělohlávek x 3. Borders of Procedural and Substantive Law in Arbitration Alexander J. Bělohlávek
5 Contents BOOK REVIEWS Alexander J. Bělohlávek Act on Arbitration Proceedings and Enforcement of Arbitration Awards, A Commentary NEWS & REPORTS Rajko Knez Marko Djinović Nejc Lahne Arbitration in Slovenia A New Perspective Alexander J. Bělohlávek New Rules of the Arbitration Court Attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic Czech (& Central European) Yearbook of Arbitration Bohumil Poláček Arbitration Expert Witnesses Miluše Hrnčiříková Fifth Annual Olomouc Pre-Moot Current Events, Past & Ongoing CYIL/CYArb Presentations Selected Bibliography of Czech, Slovak and Polish Authors for Important Web Sites Index All contributions in this book are subject to academic review. xi
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