27/4/2010
Page   1
PROF.  CRAIG CHARLES BELES
Seattle, Washington, USA

¡UNITED STATES:
1.New York Convention
2.Federal Arbitration Act
3.State Revised Uniform Arbitration Acts
4.
§CZECH REPUBLIC
1.New York Convention
2.1961 Geneva Convention (Int’l Comm Arb)
3.Czech Arbitration Act No. 216/1994

1.ART II (1) – Recognize the Validity of Arbitration Agreements
2.
2.ART II (3) - Refer Parties, with a Valid Arbitration Agreement, to Arbitration
3.
3.ART III & V – Recognize and Enforce Arbitration Awards (with 8 Exceptions)

1.Challenge to the Existence, Validity or Legality of Agreement
2.
2.Challenge to the Arbitrability of the Claims in Question
3.
3.Challenge to the Interpretation of the Arbitration Clause

1.Dispute Must Arise Out of Commercial Relationship
2.
2.Reciprocity Between States
3.
3.Only Concerning Transnational Agreements
¡
1.Disputes Respecting a Defined Legal Relationship

¡Recognize the Arbitration Agreement and Refer the Parties to Arbitration,
¡
¡Unless the Arbitration Agreement is “Null and Void, Inoperative or Incapable of Being Performed.”

1.In Court Litigation Re Whether Court Should Hear All/Some of Dispute or Send to Arbitration
(“Negative Comp/Comp”)
2.
2.Arbitrators’ Decision to Hear Dispute (“Comp/Comp”)
3.
3.Court’s Review of Arbitration Award

1.Validity of Container Contract
2.Existence of Arbitration Agreement
3.Invalidity of Arbitration Agreement
4.Scope of Arbitration Agreement
5.Arbitrability Under National Laws
6.Procedural Precondition to Arbitration
7.Party Waiver or Estoppel

¡ART VI (3):  [If an arbitration has been initiated, a court asked to interpret an arbitration
clause] “shall stay their ruling on the arbitrator’s jurisdiction until the arbitral award is made,
unless they have good and substantial reason to the contrary.”

¡ART 8(1): “A court before which an action is brought in a matter which is the subject of an
arbitration agreement shall, if a party so requests not later than when submitting his first
statement of substance of the dispute, refer the parties to arbitration unless it finds that the
agreement is null and void, inoperative or incapable of being performed.”

¡ART 16(1): Statement of Separability.
¡
¡ART 16 (3): [If arbitral tribunal rules that is has jurisdiction] “any party may request, within
30 days after having received  notice of that ruling, the court specified in Art 6 to decide the
matter.”  But no Appeal & Arbitration May Continue
¡
¡Compromise re Negative Comp/Comp

¡Presumption Case Goes to Court for Full Review:
1.Whether Arb K Ever Came Into Existence
2.Whether Arb K is Formally Invalid
3.Whether Mandatory State Law Prohibits Arb.
4.
¡Presumption Case Stays With Arbitrators:
1.Whether Dispute is Within Scope of Arb K
2.
¡All Others For Arbitrators to Decide

¡ARB ACT ART 15: Party Objecting to Arbitrator Jurisdiction Must Do So in First Step Of Arbitration
Proceeding (Like ML)
¡
¡BUT ARB ACT Does Not Allow Parties to Request Court Review Until After Arb Award Has Been Issued.

¡ART III:  Each Contracting State shall recognized arbitral awards as binding and enforce them in
accordance with the rules of procedure of the territory where the award is relied upon, under
conditions laid down in the following articles.  There shall not be imposed substantially more
onerous conditions or higher fees or charges on the recognition or enforcement of arbitral awards
to which this Convention applies than are imposed on the recognition or enforcement of domestic
arbitral awards.