Nekalá rozhodčí doložka v českém právu
| Title in English | An Unfair Arbitration Clause in Czech Law |
|---|---|
| Authors | |
| Year of publication | 2009 |
| Type | Article in Proceedings |
| Conference | Dny práva – 2009 – Days of Law. Sborník příspěvků |
| MU Faculty or unit | |
| Citation | |
| Web | http://www.law.muni.cz/edicni/dny_prava_2009/files/intro.html |
| Field | Law sciences |
| Keywords | Arbitration; arbitration clause business; consumer; unfair term; Community law |
| Description | Czech law suffers from a disease. Standard form contracts proffered by businesses include arbitration clauses which confer the jurisdiction over future disputes arising from these contracts upon arbitrators ad hoc or so called arbitration centres. Consumers are thus ousted from their natural judge in the place of their domicile and forced to submit the dispute to the arbitrator unilaterally appointed by the business. This is arguably contrary not only to the right to a fair trial, but also to the Directive on Unfair Terms in Consumer Contracts. This paper aims to offer a cure for aforesaid disease. |