The topic of this seminar is Arbitrability.

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The aim of this seminar is to analyze question of Arbitrability. We will analyze objective and also subjective arbitrability.

Arbitrability   is a possibility to submit dispute to arbitration.

Arbitrabilty of a dispute is a neccessary condition for deciding the dispute in arbitration proceedings.  

• objective arbitrability - determinates which disputes may be submited to arbitration
• subjective arbitrability - denotes the restriction of disputes which are arbitrable by the will of the parties

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Study materials:

Here you can find some interesting articles.

ROZEHNALOVÁ, Naděžda. Rozhodčí řízení v mezinárodním a vnitrostátním obchodním styku. 2. aktualiz. a rozš. vyd. Praha : ASPI, 2008. 386 s. ISBN 9788073573249

Here you can find powerpoint presentation.

Your task for this seminar is following:

Please go through the articles and study materials and try to learn something about Arbitrability. We will discuss it after presentation.

Try to find information about how is arbitrability regulate in following countries:

• Czech Republic
• Slovakia
• Germany
• France
• England
• USA

Think about the reason why it is important to examine question of arbitrability.

And try to find if it is substantive law institute or procedural law institute in above mentioned countries.

 

The task for the GROUP 3 (Petr Šmerkl (207102), Bohuslav Lichnovský (325464)

- please prepare a power point presentation about the topic of seminar

     In your presentation should be :

• a clarification of the term Arbitrability
• an explanation of objective and subjective arbitrability
• and answer for question mentioned above (arbitrability in different countries, reason why it is important to examine arbitrability and if it is substantive law institute or procedural law institute)

At the end of this seminar you should be able to answer these question:

1. How can you describe the term Arbitrability?

2. What is the difference between objective and subjective arbitrability?

3. How it is regulated in Czech republic? Which disputes are arbitrable under Czech law?

4. Why is question of arbitrability so important?

5. Consider following statement: There is no problem with arbitrability of disputes linked to insolvency proceedings.