Recommended wording of arbitration clauses in contracts

"All disputes arising from the present contract and/or in connection with it shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic by one arbitrator appointed by the President of the Arbitration Court."

"All disputes arising from the present contract and/or in connection with it shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules by three arbitrators in accordance with the Rules of that Arbitration Court."

Recommended wording of an addendum with an arbitration clause to existing contracts:

The contracting parties have agreed upon an Addendum No ....... to the contract No ....... dated ....... reading as follows:

(to indicate the agreed wording of the arbitration clause - see above)

In .............................................. on ..............................................

.................................................................             .................................................................
signatures of the representatives of contracting parties

Recommended wording of the arbitration clause for on-line proceedings:

All disputes arising from the present contract and in connection with it shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic by one arbitrator appointed by the President of the Arbitration Court in accordance with the On-line Rules of the Arbitration Court.

The parties select the following e-mail addresses for the conduct of the on-line arbitral proceedings:

..............................................
..............................................

Attention:

The parties may agree that the arbitration proceedings shall take place in one of its regional court branches or at the contact place of the Arbitration Court.

On 1 April 2012 an amendment to the Act No. 216/1994 Coll., on Arbitration Proceedings and Enforcement of Arbitral Awards came into effect. Pursuant to the new rules, if the arbitration agreement is concluded in respect of disputes arising out of consumer contracts it must be concluded independently and not as a part of terms and conditions governing the main contract; otherwise it is void. Sufficiently in advance before concluding the arbitration clause the professional will provide the consumer with due explanation enabling the consumer to assess the implications the conclusion of the arbitration clause may have. Due explanation means explanation of all the consequences of the arbitration clause.

In addition to the above, the arbitration clause in respect of disputes arising out of consumer contracts must contain information prescribed by the Act (true, accurate and complete information on arbitrator or on the fact that the permanent arbitration court will decide the dispute, form of commencement and conducting the arbitration, arbitrator’s fee and anticipated costs that may occur to the consumer and rules on adjudication thereof, place of arbitration, form of delivery of the arbitral award, and the fact that the legally effective arbitral award is enforceable). However, if the arbitration clause vests power to decide the dispute in the permanent arbitration court, the above mentioned requirement is met also by referring to the statutes and rules of such permanent arbitration court.