David Bartoš | Barrister in Scotland and arbiter, Edinburgh - Petr Dobiáš | Charles University Faculty of Law, Prague

Arbitration (Scotland) Act 2010 in Comparison with Czech Legal Regulation

Jurisprudence 4/2015 Section: Articles Page: 30-42

Keywords: Scotland, Arbitration Act, Arbitrator

Abstract: Legal regulation of arbitral proceedings in the Czech Republic and Scotland has many common features. On the basis of the comparative analysis was discovered, that despite the different structure of the Scottish arbitration act and Czech act on arbitral proceedings and enforcement of arbitral awards, both acts regulate the similar breadth of legal questions. It is not surprising in the view of the fact, that source of inspiration for both acts was UNCITRAL Model Law. Nevertheless we will find differences between the Czech and Scots act in relation to the scope of arbitrability, decision-making on jurisdiction, scope of judicial review, or enforcement of arbitral awards.