<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>In arbitration, it is the parties who, on the basis of various criteria – experience, references, expertise, previous meetings, etc. – can determine who will decide their dispute as an arbitrator. In this respect, arbitration differs fundamentally from proceedings before the ordinary courts in civil proceedings, where the judge is appointed on the basis of a work schedule and the parties to the dispute cannot change the judge so appointed by agreement. Nonetheless, despite the broad autonomy of the parties, the various legal systems lay down certain conditions which must be met by any person wishing to act as an arbitrator. This article takes a comparative view of these legal conditions to act as an arbitrator and seeks to highlight the differences in the conditions defined, the (in)appropriateness of certain conditions and the fact that a person who does not meet the conditions to act as an arbitrator under one legal system does not automatically mean that he cannot be an arbitrator under another legal system..</p>
</abstract>

In arbitration, it is the parties who, on the basis of various criteria – experience, references, expertise, previous meetings, etc. – can determine who will decide their dispute as an arbitrator. In this respect, arbitration differs fundamentally from proceedings before the ordinary courts in civil proceedings, where the judge is appointed on the basis of a work schedule and the parties to the dispute cannot change the judge so appointed by agreement. Nonetheless, despite the broad autonomy of the parties, the various legal systems lay down certain conditions which must be met by any person wishing to act as an arbitrator. This article takes a comparative view of these legal conditions to act as an arbitrator and seeks to highlight the differences in the conditions defined, the (in)appropriateness of certain conditions and the fact that a person who does not meet the conditions to act as an arbitrator under one legal system does not automatically mean that he cannot be an arbitrator under another legal system..

The Person of the Arbitrator in Comparative Perspective of Czech and German Law

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"The Person of the Arbitrator in Comparative Perspective of Czech and German Law"}

In arbitration, it is the parties who, on the basis of various criteria – experience, references, expertise, previous meetings, etc. – can determine who will...

The Person of the Arbitrator in Comparative Perspective of Czech and German Law

Publié en ligne: 01 mars 2023

Pages: 197 - 214

DOI: https://doi.org/10.2478/iclr-2022-0022

Mots clés
arbitration, arbitrator, party autonomy, independence, impartiality, citizenship, natural person, juridical person, no criminal record, judge as an arbitrator, Czech Arbitration Act, German Code of Civil Procedure, Czech Act on Private International Law

© 2022 Lukáš Ryšavý, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The Person of the Arbitrator in Comparative Perspective of Czech and German Law

Publié en ligne: 01 mars 2023

Pages: 197 - 214

DOI: https://doi.org/10.2478/iclr-2022-0022

Mots clésarbitration, arbitrator, party autonomy, independence, impartiality, citizenship, natural person, juridical person, no criminal record, judge as an arbitrator, Czech Arbitration Act, German Code of Civil Procedure, Czech Act on Private International Law

© 2022 Lukáš Ryšavý, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
arbitration, arbitrator, party autonomy, independence, impartiality, citizenship, natural person, juridical person, no criminal record, judge as an arbitrator, Czech Arbitration Act, German Code of Civil Procedure, Czech Act on Private International Law