Instruction Pursuant to Section 118a of Code of Civil Procedure in Arbitration Proceedings: Discussion and Prospects of Further Development (Part II)
Abstract
In the existing case-law of the Czech civil courts and of the Constitutional Court there can be viewed a certain settling of legal opinions regarding the application range of the obligation of arbitrators to instruct the party pursuant to Section 118a of Code of Civil Procedure. Following the first part of the previously published text, the aim of this article is to point out some problematic aspects concerning the application of Section 118a of the Civil Procedure Code on arbitration proceedings and to describe the possibilities of a further development which include in particular changes in the case-law and an exclusion of the application of Section 118a of Code of Civil Procedure by agreement of the parties or as a consequence of the application of provisions contained in the procedural rules of a permanent arbitration tribunal.