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Kapitola 2 Sources of International Commercial Arbitration
Kapitola 2 Sources of International Commercial Arbitration
Arbitration
International Commercial Arbitration
Syllabus
2
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Sources - overview
▪ International conventions
▪ National regulations
▪ Arbitration agreement
▪ Arbitration rules
▪ International arbitration practice
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International conventions - history
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New York Convention
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Other conventions
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National regulations
▪ National acts/laws
▪ Separate acts x part of civil procedure codes x part of private
international law acts
▪ Seat of arbitration is decisive for application
▪ Mandatory x default rules
▪ Breach of mandatory rules -> annulment of arbitral awards
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UNCITRAL Model Law (UML)
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Examples of national laws
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Arbitration rules
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International arbitration practice
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Practical case
▪ Company A (seller) from the Czech Republic and Company B (buyer) from
Slovakia concluded a sales contract. They also included into the contract the
following arbitration clause:
„All disputes or claims arising out of or in connection with this contract including
disputes relating to its validity, breach, termination or nullity shall be finally
settled under the Rules of Arbitration of the International Arbitral Centre of the
Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one
arbitrator appointed in accordance with the said Rules.“
▪ What will be the regulatory framework of arbitration based on this
clause?
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Regulatory framework
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Sources for presentation