The possibility of review of the unfairness in the sense of Council Directive 93/13/EEC of arbitration clauses during the enforcement of arbitration award in the Czech Republic
Abstract
Council Directive 93/13/EEC and following case-law of the Court of Justice of the European Union state that it should be possible to review unfairness in the sense of Article 3 (1) of the directive of the arbitration clauses ex officio even during the enforcement of the arbitration award. The topic of this article is, weather the legal order of the Czech Republic allows this review and weather the aims of the Council Directive 93/13/EEC as to the possibility of this review has been achieved in the Czech Republic.
The conclusion is that full transposition of the directive as to the review of the unfairness of the arbitration clauses during the enforcement of arbitration award has not been achieved and sufficient review was not possible. This issue is still actual despite of the prohibition of arbitration clauses in consumer contracts under current legislation, considering the continuous enforcement of arbitration awards based on arbitration clauses under previous legislation.