Selected Case Law Of Czech Courts Related To Arbitration

I. Appointment of Arbitral Tribunal and Public Policy ("ordre public") Proviso (2012-2022)

ArbAct: Section 3 [Form, Terms and Execution of Arbitration Agreement]:

1. The arbitration agreement must be executed (entered into) in writing; otherwise, it is invalid. The arbitration agreement is also considered executed in writing if it is negotiated by telegraph, fax or any electronic means which provide a record of the terms of the agreement and the identification of the individuals or entities who entered into the arbitration agreement.
2. However, if the arbitration clause is incorporated in the terms and conditions governing the main contract to which the arbitration clause applies, the arbitration clause is also considered validly negotiated if a written offer of the main contract with the arbitration clause was accepted by the other party in any manner clearly indicating the latter party's consent with the terms of the arbitration agreement.