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Commercial Arbitration

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Czech Republic

Rostislav Pekar
Squire Patton Boggs (Prague)

    Infrastructure

  1. 1.The New York Convention
    Is your state a party to the New York Convention? Are there any noteworthy declarations or reservations?
  2. The Czech Republic is a party to the New York Convention. It reserves the principle of reciprocity (article I (3) of the New York Convention).

  3. 2.Other treaties
    Is your state a party to any other bilateral or multilateral treaties regarding the recognition and enforcement of arbitral awards?
  4. The Czech Republic is a party to the following multilateral treaties regarding the recognition and/or enforcement of arbitral awards: the Geneva Convention on the Execution of Foreign Arbitral Awards (1927), the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), the European Convention on International Commercial Arbitration (1961), the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965).

    Additionally, the Czech Republic has concluded a bilateral treaty on judicial cooperation containing an obligation of mutual assistance in the recognition and enforcement of arbitral awards with the following states: Afghanistan (1983), Albania (1960), Croatia (1964), Cyprus (1983), Greece (1983), Hungary (1990), Macedonia (1964), Mongolia (1978), Portugal (1930), Romania (1996), Slovakia (1993), Spain (1989), Switzerland (1929), Tunisia (1981), Vietnam (1984), Yemen (1990).    

  5. 3.National law
    Is there an arbitration act or equivalent and, if so, is it based on the UNCITRAL Model Law? Does it apply to all arbitral proceedings with their seat in your jurisdiction?
  6. The Act No. 216/1994 on Arbitral Proceedings and on Execution of Arbitral Awards (the Arbitration Act) governs all arbitral proceedings seated in the Czech Republic, both domestic and international, arising from arbitration agreements made after 1 January 1995. Arbitrations taking place under agreements concluded before this date continue to be governed by the 1963 Arbitration Act regardless of the date of commencement of the arbitral proceedings. 

    The Arbitration Act is not based on the UNICTRAL Model Law, but it reflects many of its provisions and essential concepts. However, there also are major differences that stem primarily from the fact that the Arbitration Act provides for subsidiary application of the Czech Civil Procedure Code. 

  7. 4.Arbitration bodies in your jurisdiction
    What arbitration bodies relevant to international arbitration are based within your jurisdiction? Do such bodies also act as appointing authorities?
  8. The leading institution in the Czech Republic for resolving both domestic and international disputes is the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic (Czech Arbitration Court). It may act as an appointing authority. The Czech Arbitration Court resolves .eu domain disputes. 

    There are also two other permanent institutions, the Arbitration Court attached to the Commodity Exchange and the Arbitration Court attached to the Stock Exchange, handling disputes arising from the relevant exchanges.

  9. 5.Foreign institutions
    Can foreign arbitral providers operate in your jurisdiction?
  10. In principle, foreign arbitral providers may freely operate in the Czech Republic.

  11. 6.Courts
    Is there a specialist arbitration court? Is the judiciary in your jurisdiction generally familiar with the law and practice of international arbitration?
  12. There is no specialist arbitration court in the Czech Republic. Czech judiciary is generally familiar with domestic arbitration, and it is arbitration-friendly (save for arbitration involving consumers which is strictly regulated due to a well documented history of abuses. Czech courts are not always familiar with the law and practice of foreign international arbitration institutions.

    Agreement to arbitrate

  13. 7.Formalities
    What, if any, requirements must be met if an arbitration agreement is to be valid and enforceable under the law of your jurisdiction? Can an arbitration agreement cover future disputes?
  14. Pursuant to the Arbitration Act, arbitration agreements must be executed in writing. An arbitration agreement negotiated by telegraph, fax or other electronic means is also deemed to have been made in writing as long as the content and the parties to the agreement can be clearly identified. Except for consumer disputes, an arbitral agreement may be included in general terms and conditions attached to the contract provided there is no doubt the other party’s consent extends to the terms of the arbitration agreement.

    An arbitration agreement may cover both pre-existing and future disputes.

  15. 8.Arbitrability
    Are any types of dispute non-arbitrable? If so, which?
  16. According to the Arbitration Act, only “property disputes” can be submitted to arbitration. This term is interpreted broadly, encompassing all disputes reflected in the property of the parties to the legal relationship that can be valued in monetary terms. Thus, non-arbitrable disputes are, for example, those regarding personal status (such as divorce), or insolvency-related matters.

  17. 9.Third parties
    Can a third party be bound by an arbitration clause and, if so, in what circumstances? Can third parties participate in the arbitration process through joinder or a third-party notice?
  18. The Arbitration Act provides that unless the parties agree otherwise, non-signatories may be bound by an arbitration agreement only in case of legal succession. Therefore, third parties may not be compelled to participate in arbitration without their consent.

    Subject to that limitation, the Rules of the Czech Arbitration Court include several helpful provisions for multi-party disputes. For example, a person who has legal interest in the result of the proceedings may also participate in the proceedings as an intervening party if allowed by the arbitral tribunal.

  19. 10.Consolidation
    Would an arbitral tribunal with its seat in your jurisdiction be able to consolidate separate arbitral proceedings under one or more contracts and, if so, in what circumstances?
  20. Neither the Arbitration Act nor the Rules of the Czech Arbitration Court contain any specific provisions on this issue.

  21. 11.

    Groups of companies
    Is the 'group of companies doctrine' (or any other basis for piercing the corporate veil) recognised in your jurisdiction?

  22. The Czech Republic does not recognise the group of companies’ doctrine. Consequently, unless specifically agreed, a parent company would not be bound by an arbitration agreement signed by its subsidiary or any other company within the group.

  23. 12.Separability
    Are arbitration clauses considered separable from the main contract?
  24. Yes, section 2 (4) of the Arbitration Act provides that the invalidity of the main contract does not affect the validity of the arbitral agreement (and vice versa).  

  25. 13.Competence-competence
    Is the principle of competence-competence recognised in your jurisdiction? Can a party to an arbitration ask the courts to determine an issue relating to the tribunal’s jurisdiction and competence?
  26. The Czech Republic recognises the principle of competence-competence; section 15 (1) of the Arbitration Act provides expressly that the arbitral tribunal has the power to rule on its own jurisdiction. In practice, the principle of competence-competence is not always applied thoroughly. 

    If a party objects to the arbitral tribunal’s jurisdiction in a state court after arbitral proceedings have already been initiated, the state court will suspend its proceedings until the arbitral tribunal decides on jurisdiction.

    If, however, a party objects to state court jurisdiction on the basis of existence of an arbitration agreement, the state court will usually refer the dispute to arbitration only if it is satisfied that the arbitration agreement is valid and the dispute falls within its scope. As a result, claimants can avoid arbitration if they convince the state court that the arbitration agreement is not valid or does not apply.

  27. 14.Drafting
    Are there particular issues to note when drafting an arbitration clause where your jurisdiction will be the seat of arbitration or the place where enforcement of an award will be sought?
  28. There are no particular issues for commercial disputes.

  29. 15.Institutional arbitration
    Is institutional international arbitration more or less common than ad hoc international arbitration? Are the UNCITRAL Rules commonly used in ad hoc international arbitrations in your jurisdiction?
  30. Institutional international arbitration is more common than ad hoc arbitral proceedings. However, ad hoc arbitrations under the UNCITRAL Rules are normally used in the Czech Republic.

  31. 16.Multi-party agreements
    What, if any, are the particular points to note when drafting a multi-party arbitration agreement with your jurisdiction in mind? In relation to, for example, the appointment of arbitrators.
  32. As stated above, the Arbitration Act does not discuss the issue of multi-party arbitration agreements. Therefore, it is recommended that the parties opt for institutional rules that cover the issue (such as the Rules of the Czech Arbitration Court).  

    Commencing the arbitration

  33. 17.Request for arbitration
    How are arbitral proceedings commenced in your jurisdiction? Are there any key provisions under the arbitration laws of your jurisdiction relating to limitation periods of which the parties should be aware?
  34. According to the Arbitration Act, arbitral proceedings shall begin on the date that the statement of claim is submitted to the arbitration institution designated in the arbitration agreement. In ad hoc arbitration, the statement of claim must be submitted to the chairman of an ad hoc arbitral tribunal, if designated or appointed, or otherwise to any arbitrator already designated or appointed.

    The Arbitration Act does not contain any specific provisions relating to limitation periods in connection with the initiation of arbitration proceedings. Under Czech law, limitation periods are considered to be predominantly a substantive law issue.  

    Choice of law

  35. 18.Choice of law
    How is the substantive law of the dispute determined? Where the substantive law is unclear, how will a tribunal determine what it should be?
  36. According to the Arbitration Act, arbitrators shall apply the substantive law applicable to the dispute. They may decide on fair and equitable grounds only when expressly authorised by the parties. In consumer related matters, the arbitrators shall always apply the legal regulations on consumer protection.

    According to both the Private International Law Act (PIL Act) and the Rome I Regulation, the substantive law applicable to the dispute shall be determined by the choice of the parties. Absent such choice, the law applicable to a legal relationship is determined on the basis of the relevant conflict of law rules. Under the PIL Act and the Rome I Regulation, contracts shall be governed by the substantive law of the state to which it has the closest connection. Under the PIL Act, the substantive law applicable to rights in rem is the law of the state where the property is located. Intellectual property rights shall be governed by the law of the state that recognises and provides protection to such right.

    Appointing the tribunal

  37. 19.Choice of arbitrators
    Does the law of your jurisdiction place any limitations in respect of a party’s choice of arbitrator?
  38. Arbitrators have to be over the age of 18, have a full legal capacity and no prior criminal conviction. Only a person registered on the list of arbitrators maintained by the Ministry of Justice may serve as an arbitrator in disputes arising from consumer contracts. 

  39. 20.Foreign arbitrators
    Can non-nationals act as arbitrators where the seat is in your jurisdiction or hearings are held there? Is this subject to any immigration or other requirements?
  40. Non-nationals can act as arbitrators subject to the general requirements set out above. Ordinary immigration requirements apply for arbitrators’ travel and stay in the Czech Republic.

  41. 21.Default appointment of arbitrators
    How are arbitrators appointed where no nomination is made by a party or parties or the selection mechanism fails for any reason? Do the courts have any role to play?
  42. Unless the arbitration agreement or applicable institutional rules provide otherwise, any missing appointments are made by a state court. If an arbitrator so appointed resigns or can no longer fulfil his or her functions, a state court appoints a new one.

     Under the Rules of the Czech Arbitration Court, missing appointments are made by the President of the Arbitration Court.

  43. 22.Immunity
    Are arbitrators afforded immunity from suit under the law of your jurisdiction and, if so, in what terms?
  44. The Arbitration Act is silent on this issue.

    According to Czech case law, institutional arbitration engages civil liability of the arbitration institution rather than the specific arbitrator(s) deciding the dispute. 

    The predominant opinion is that the issue of arbitrators’ liability in ad hoc proceedings should be addressed in the contract between the arbitrators and the parties.  

  45. 23.Securing payment of fees
    Can arbitrators secure payment of their fees in your jurisdiction? Are there fundholding services provided by relevant institutions?
  46. The Arbitration Act does not contain any express provisions regarding the fees and expenses of the arbitral tribunal. Therefore, in ad hoc arbitrations, the arbitral tribunal’s fees and expenses shall be determined by agreement between the parties and the arbitral tribunal.

    In institutional arbitration, the institutional rules govern the issue. Under the Rules of the Czech Arbitration Court, the arbitral tribunal’s fees and the court’s administrative fee are determined as a percentage of the value of the dispute and paid upfront by the claimant. The Court requires advance payments from both parties prior to incurring expenses such as engaging the tribunal’s experts. All fees and expenses are subject to the tribunal’s decision on costs.

    Fundholding services would have to be agreed on an individual basis.

    Challenges to arbitrators

  47. 24.Grounds of challenge
    On what grounds may a party challenge an arbitrator? How are challenges dealt with in the courts or (as applicable) the main arbitration institutions in your jurisdiction? Will the IBA Guidelines on Conflicts of Interest in International Arbitration generally be taken into account?
  48. An arbitrator shall be disqualified if there is a reason to doubt his or her “lack of bias” with regard to his relationship to the matter, the parties or their representatives. If such facts are disclosed at a later date, the arbitrator shall resign.

    In ad hoc arbitrations, challenges are handled by the parties’ agreement or by application for a disqualification order to a state court.

    Under the Rules of the Czech Arbitration Court, challenges must be brought prior to the commencement of the oral hearing. Later challenges will be taken into account only if there was a serious cause for the delay. The challenges are decided by the remaining members of the tribunal. If the remaining arbitrators do not agree, or if the challenge concerns two arbitrators or a sole arbitrator, it is decided by the Board of the Czech Arbitration Court. If the challenge of the arbitrator is upheld, a new arbitrator shall be elected or appointed in accordance with the Rules.

    The IBA Guidelines on Conflicts of Interest in International Arbitration are generally not taken into account.

    Interim relief

  49. 25.

    Types of relief
    What main types of interim relief are available in respect of international arbitration and from whom (the tribunal or the courts)? Are anti-suit injunctions available where proceedings are brought elsewhere in breach of an arbitration agreement?

  50. The Arbitration Act does not give the arbitrators the power to order preliminary measures or to grant injunctions.

    State courts can order preliminary measures to provide assistance in obtaining or preserving evidence, or when the enforcement of the award is threatened. The courts have the power to compel witnesses, experts and parties to give evidence to the court for use in the arbitral proceedings if such evidence is not voluntarily given directly to the arbitral tribunal.

    The courts can also order injunctive relief. The most common form of injunctive relief available from the courts is an order to preserve assets or an order that the relevant party deposits a certain amount of money with the court.

    Anti-suit injunctions are not issued.

  51. 26.Security for costs
    Does the law of your jurisdiction allow a court or tribunal to order a party to provide security for costs?
  52. Security for costs could only be requested from parties from outside of the European Economic Area under subsidiary application of the PIL Act. We are not aware of any application of this provision in arbitral practice.  

    Procedure

  53. 27.

    Procedural rules
    Are there any mandatory rules in your jurisdiction that govern the conduct of the arbitration (eg, general duties of the tribunal and/or the parties)?

  54. The guiding mandatory principles governing the conduct of arbitration are the right to fair trial, equality of the parties, including equality of arms and the right of each party to have full opportunity to present its case. 

  55. 28.Refusal to participate
    What is the applicable law (and prevailing practice) where a respondent fails to participate in an arbitration?
  56. The arbitration proceedings may and does proceed without the respondent’s participation. 

  57. 29.Admissible evidence
    What types of evidence are usually admitted, and how is evidence usually taken? Will the IBA Rules on the Taking of Evidence in International Commercial Arbitration generally be taken into account?
  58. Arbitral tribunals have a broad discretion to decide on the admissibility and the taking of evidence presented by the parties. The arbitral tribunal may admit any evidence that may contribute to the clarification of any question relevant to the dispute. The IBA Rules on the Taking of Evidence in International Commercial Arbitration are generally not taken into account.

  59. 30.Court assistance
    Will the courts in your jurisdiction play any role in the obtaining of evidence?
  60. Arbitral tribunals seated in the Czech Republic lack the power to order production of evidence, or to compel witnesses, experts and the parties to testify before it.  To the extent that the arbitral tribunal is not able to obtain the evidence itself, it may file an application with the competent state court for evidentiary assistance. The state court will comply with such request, unless prohibited by law. 

  61. 31.Document production
    What is the relevant law and prevailing practice relating to document production in international arbitration in your jurisdiction?
  62. Document production is not contemplated under Czech law and is only rarely used in practice.  If the arbitration court orders production of evidence, the requesting party must identify specific documents or a very narrow category of documents. 

  63. 32.Hearings
    Is it mandatory to have a final hearing on the merits?
  64. An oral hearing on the merits is required, unless otherwise agreed by the parties in the arbitration agreement or subsequently. 

  65. 33.Seat or place of arbitration
    If your jurisdiction is selected as the seat of arbitration, may hearings and procedural meetings be conducted elsewhere?
  66. Yes, an arbitral tribunal seated in the Czech Republic may conduct hearings and procedural meetings abroad.

    Award

  67. 34.Majority decisions
    Can the tribunal decide by majority?
  68. Yes, arbitral tribunals can decide by majority unless otherwise agreed by the parties.

  69. 35.Limitations to awards and relief
    Are there any particular types of remedies or relief that an arbitral tribunal may not grant?
  70. Arbitral tribunals are not empowered to grant interim measures. 

  71. 36.Dissenting arbitrators
    Are dissenting opinions permitted under the law of your jurisdiction? If so, are they common in practice?
  72. Dissenting opinions are permitted but only very rarely used in practice. If dissenting opinions are issued in proceedings before the Czech Arbitration Rules, they are not delivered to the parties.  

  73. 37.Formalities
    What, if any, are the legal and formal requirements for a valid and enforceable award?
  74. An arbitral award must be made in writing and signed at least by a majority of the arbitrators. Furthermore, the award must be unambiguous and contain reasoning, unless the parties agree otherwise and must be delivered to the parties in person. In case of consumer disputes, the arbitral award must also contain an advice about the possibility to initiate set aside proceedings before general courts.

  75. 38.Time frames
    What time limits, if any, should parties be aware of in respect of an award? In particular, do any time limits govern the interpretation and correction of an award?
  76. An application for setting aside the arbitral award must be filed with the competent courts within three months from the day of its delivery to the applicant.

    Clerical and other obvious errors in the award shall be corrected by the arbitral tribunal at any time on the request of any of the parties or on its own initiative.

    According to the Rules of the Czech Arbitration Court, upon a request of a party filed within 30 days of the award delivery, the arbitral tribunal may issue an additional award if the award did not address all claims of the parties. 

    Costs and interest

  77. 39.

    Costs
    Are parties able to recover fees paid and costs incurred? Does the 'loser pays' rule generally apply in your jurisdiction?

  78. The “loser pays” principle generally applies. Unless otherwise agreed, the amount of recoverable attorney fees is set by the so-called “attorneys’ tariff,” a government regulation of the costs of legal services (which is otherwise non-mandatory).

  79. 40.Interest on the award
    Can interest be included on the principal claim and costs? Is there any mandatory or customary rate?
  80. The arbitral tribunal can and does, if requested, include an interest on the principal amount awarded in the decision on merits. The amount of interest is set by Czech regulations (unless the claimant claims less). Interest is not awarded on costs.

    Challenging awards

  81. 41.Grounds for appeal
    Are there any grounds on which an award may be appealed before the courts of your jurisdiction?
  82. Awards cannot be appealed. 

  83. 42.Other grounds for challenge
    Are there any other bases on which an award may be challenged, and if so what?
  84. Under section 31 of the Arbitration Act, the court shall set aside an arbitral award, upon request of either party, if:

    • it was rendered in a matter in which no arbitration agreement can be validly concluded,
    • the arbitration agreement is invalid for other reasons, or was cancelled, or does not apply to the subject matter,
    • any of the participating arbitrators were not supposed to decide the award based either on the arbitration agreement or otherwise, or that the arbitrator lacked the capacity to be an arbitrator,
    • the arbitral award was not decided by a majority of the arbitrators,
    • a party was not provided with the opportunity to hear or present its case,
    • the arbitral award requires a party to proceed with performance that was not requested by the claimant or performance that is impossible or unlawful under domestic law,
    • the arbitrator or the permanent arbitration court decided on a dispute arising from a consumer contract in breach of legal regulations established for the protection of the consumer, or in clear breach of good morals or public order,
    • the arbitration agreement relating to disputes arising from consumer contracts does not contain information required by section 3(5), or this information is intentionally or to a considerable extent incomplete, inaccurate or false, or
    • it is ascertained that reasons exist for which it is possible to request the resumption of civil proceedings.
  85. 43.Modifying an award
    Is it open to the parties to exclude by agreement any right of appeal or other recourse that the law of your jurisdiction may provide?
  86. The parties may not exclude any right of recourse. 

    Enforcement in your jurisdiction

  87. 44.Enforcement of set-aside awards
    Will an award that has been set aside by the courts in the seat of arbitration be enforced in your jurisdiction?
  88. It is highly unlikely that an award that has been set aside by the courts in the seat of arbitration would be enforced in the Czech Republic.

  89. 45.Trends
    What trends, if any, are suggested by recent enforcement decisions? What is the prevailing approach of the courts in this regard?
  90. The Czech courts continue to interpret the public policy exception as set forth in the New York Convection rather restrictively and would only refuse to enforce foreign arbitral award in exceptional circumstances. 

  91. 46.State immunity
    To what extent might a state or state entity successfully raise a defence of state or sovereign immunity at the enforcement stage?
  92. According to the PIL Act, Czech courts lack jurisdiction over foreign states in respect of proceedings arising out of their conduct and actions taken in the performance of their state, government and other public powers and functions, including their property, which is used or intended for such performance. No such defence is available to the Czech Republic or its instrumentalities. 

    Further considerations

  93. 47.Confidentiality
    To what extent are arbitral proceedings in your jurisdiction confidential?
  94. Arbitral proceedings are private and arbitrators and arbitral institutions are bound by the duty of confidentiality. Upon a parties’ agreement, the arbitrators may be relieved of such duty. Neither the Arbitration Act nor the Rules of the Czech Arbitration Court extend the duty of confidentiality to the parties.

  95. 48.Evidence and pleadings
    What is the position relating to evidence produced and pleadings filed in the arbitration? Are these confidential? Is there any way that they might be relied on in other proceedings (whether arbitral or court proceedings)?
  96. As explained above, the duty of confidentiality does not extend to the parties, unless otherwise agreed. The evidence produced and pleadings filed in the arbitration may therefore be relied on by the parties in other proceedings.

  97. 49.Ethical codes
    What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your jurisdiction?
  98. There is no specific code of ethics for arbitration counsel and arbitrators conducting arbitration seated in the Czech Republic. Attorneys, including foreign attorneys, are bound by the rules of ethics of the Czech Bar Association.

  99. 50.Procedural expectations
    Are there any particular procedural expectations or assumptions of which counsel or arbitrators participating in an international arbitration with its seat in your jurisdiction should be aware?
  100. Although arbitration has increasingly developed its specific procedure under Czech law, it remains highly influenced by the rules governing civil proceedings. As a result, the prevailing procedural practice may be quite different from the practice of major international institutions. For example, the tribunal usually does not expressly limit the number and timing of written submissions, witnesses need not provide written witness statements and the tribunals tend to appoint their own experts rather than assess expert testimony provided by party-appointed experts. Complex cases usually involve a series of consecutive one-day hearings rather than one hearing spanning over several days. The tribunal dictates minutes of hearings to a clerk rather than use recordings or transcripts. 

    As a result of the subsidiary application of the Czech Civil Procedure Code, the arbitrators are supposed to issue notifications to both parties regarding their conduct of the case, for example a party should be specifically requested to propose additional evidence if the tribunal believes that it has not discharged its burden of proof.  Arbitrators should also ensure predictability of their decision-making by sharing their legal views with the parties to allow them to plead the case accordingly. Non-compliance with these rules may lead to setting-aside of the award.  

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GAR know-how provides reliable cross-jurisdictional insight to help cement the building blocks of international practice. In this section, select experienced practitioners answer commonly-asked questions for key jurisdictions so allowing readers to be better-placed to solve the challenges of their working days.

Questions

    Infrastructure

  1. 1.The New York Convention
    Is your state a party to the New York Convention? Are there any noteworthy declarations or reservations?
  2. 2.Other treaties
    Is your state a party to any other bilateral or multilateral treaties regarding the recognition and enforcement of arbitral awards?
  3. 3.National law
    Is there an arbitration act or equivalent and, if so, is it based on the UNCITRAL Model Law? Does it apply to all arbitral proceedings with their seat in your jurisdiction?
  4. 4.Arbitration bodies in your jurisdiction
    What arbitration bodies relevant to international arbitration are based within your jurisdiction? Do such bodies also act as appointing authorities?
  5. 5.Foreign institutions
    Can foreign arbitral providers operate in your jurisdiction?
  6. 6.Courts
    Is there a specialist arbitration court? Is the judiciary in your jurisdiction generally familiar with the law and practice of international arbitration?
  7. Agreement to arbitrate

  8. 7.Formalities
    What, if any, requirements must be met if an arbitration agreement is to be valid and enforceable under the law of your jurisdiction? Can an arbitration agreement cover future disputes?
  9. 8.Arbitrability
    Are any types of dispute non-arbitrable? If so, which?
  10. 9.Third parties
    Can a third party be bound by an arbitration clause and, if so, in what circumstances? Can third parties participate in the arbitration process through joinder or a third-party notice?
  11. 10.Consolidation
    Would an arbitral tribunal with its seat in your jurisdiction be able to consolidate separate arbitral proceedings under one or more contracts and, if so, in what circumstances?
  12. 11.

    Groups of companies
    Is the 'group of companies doctrine' (or any other basis for piercing the corporate veil) recognised in your jurisdiction?


  13. 12.Separability
    Are arbitration clauses considered separable from the main contract?
  14. 13.Competence-competence
    Is the principle of competence-competence recognised in your jurisdiction? Can a party to an arbitration ask the courts to determine an issue relating to the tribunal’s jurisdiction and competence?
  15. 14.Drafting
    Are there particular issues to note when drafting an arbitration clause where your jurisdiction will be the seat of arbitration or the place where enforcement of an award will be sought?
  16. 15.Institutional arbitration
    Is institutional international arbitration more or less common than ad hoc international arbitration? Are the UNCITRAL Rules commonly used in ad hoc international arbitrations in your jurisdiction?
  17. 16.Multi-party agreements
    What, if any, are the particular points to note when drafting a multi-party arbitration agreement with your jurisdiction in mind? In relation to, for example, the appointment of arbitrators.
  18. Commencing the arbitration

  19. 17.Request for arbitration
    How are arbitral proceedings commenced in your jurisdiction? Are there any key provisions under the arbitration laws of your jurisdiction relating to limitation periods of which the parties should be aware?
  20. Choice of law

  21. 18.Choice of law
    How is the substantive law of the dispute determined? Where the substantive law is unclear, how will a tribunal determine what it should be?
  22. Appointing the tribunal

  23. 19.Choice of arbitrators
    Does the law of your jurisdiction place any limitations in respect of a party’s choice of arbitrator?
  24. 20.Foreign arbitrators
    Can non-nationals act as arbitrators where the seat is in your jurisdiction or hearings are held there? Is this subject to any immigration or other requirements?
  25. 21.Default appointment of arbitrators
    How are arbitrators appointed where no nomination is made by a party or parties or the selection mechanism fails for any reason? Do the courts have any role to play?
  26. 22.Immunity
    Are arbitrators afforded immunity from suit under the law of your jurisdiction and, if so, in what terms?
  27. 23.Securing payment of fees
    Can arbitrators secure payment of their fees in your jurisdiction? Are there fundholding services provided by relevant institutions?
  28. Challenges to arbitrators

  29. 24.Grounds of challenge
    On what grounds may a party challenge an arbitrator? How are challenges dealt with in the courts or (as applicable) the main arbitration institutions in your jurisdiction? Will the IBA Guidelines on Conflicts of Interest in International Arbitration generally be taken into account?
  30. Interim relief

  31. 25.

    Types of relief
    What main types of interim relief are available in respect of international arbitration and from whom (the tribunal or the courts)? Are anti-suit injunctions available where proceedings are brought elsewhere in breach of an arbitration agreement?


  32. 26.Security for costs
    Does the law of your jurisdiction allow a court or tribunal to order a party to provide security for costs?
  33. Procedure

  34. 27.

    Procedural rules
    Are there any mandatory rules in your jurisdiction that govern the conduct of the arbitration (eg, general duties of the tribunal and/or the parties)?


  35. 28.Refusal to participate
    What is the applicable law (and prevailing practice) where a respondent fails to participate in an arbitration?
  36. 29.Admissible evidence
    What types of evidence are usually admitted, and how is evidence usually taken? Will the IBA Rules on the Taking of Evidence in International Commercial Arbitration generally be taken into account?
  37. 30.Court assistance
    Will the courts in your jurisdiction play any role in the obtaining of evidence?
  38. 31.Document production
    What is the relevant law and prevailing practice relating to document production in international arbitration in your jurisdiction?
  39. 32.Hearings
    Is it mandatory to have a final hearing on the merits?
  40. 33.Seat or place of arbitration
    If your jurisdiction is selected as the seat of arbitration, may hearings and procedural meetings be conducted elsewhere?
  41. Award

  42. 34.Majority decisions
    Can the tribunal decide by majority?
  43. 35.Limitations to awards and relief
    Are there any particular types of remedies or relief that an arbitral tribunal may not grant?
  44. 36.Dissenting arbitrators
    Are dissenting opinions permitted under the law of your jurisdiction? If so, are they common in practice?
  45. 37.Formalities
    What, if any, are the legal and formal requirements for a valid and enforceable award?
  46. 38.Time frames
    What time limits, if any, should parties be aware of in respect of an award? In particular, do any time limits govern the interpretation and correction of an award?
  47. Costs and interest

  48. 39.

    Costs
    Are parties able to recover fees paid and costs incurred? Does the 'loser pays' rule generally apply in your jurisdiction?


  49. 40.Interest on the award
    Can interest be included on the principal claim and costs? Is there any mandatory or customary rate?
  50. Challenging awards

  51. 41.Grounds for appeal
    Are there any grounds on which an award may be appealed before the courts of your jurisdiction?
  52. 42.Other grounds for challenge
    Are there any other bases on which an award may be challenged, and if so what?
  53. 43.Modifying an award
    Is it open to the parties to exclude by agreement any right of appeal or other recourse that the law of your jurisdiction may provide?
  54. Enforcement in your jurisdiction

  55. 44.Enforcement of set-aside awards
    Will an award that has been set aside by the courts in the seat of arbitration be enforced in your jurisdiction?
  56. 45.Trends
    What trends, if any, are suggested by recent enforcement decisions? What is the prevailing approach of the courts in this regard?
  57. 46.State immunity
    To what extent might a state or state entity successfully raise a defence of state or sovereign immunity at the enforcement stage?
  58. Further considerations

  59. 47.Confidentiality
    To what extent are arbitral proceedings in your jurisdiction confidential?
  60. 48.Evidence and pleadings
    What is the position relating to evidence produced and pleadings filed in the arbitration? Are these confidential? Is there any way that they might be relied on in other proceedings (whether arbitral or court proceedings)?
  61. 49.Ethical codes
    What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your jurisdiction?
  62. 50.Procedural expectations
    Are there any particular procedural expectations or assumptions of which counsel or arbitrators participating in an international arbitration with its seat in your jurisdiction should be aware?