Where the claimant challenges the overall system for the selection of arbitrators from the list maintained on the grounds that the arbitrators, for economic reasons, make tendentious decisions, doubts about the lack of bias of arbitrators could generally arise only if there were specific facts to suggest this hypothesis.
Otherwise, this would merely constitute disagreement with the arbitration clause.
The parties are required to confirm and prove any tendentious decision making by the arbitrators.
Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.
e-mail: office@ablegal.cz
