Factors specific to arbitration, and particularly the fact that the place (seat) of arbitration is often chosen as a neutral venue with no links to the domicile of the parties or to the subject of the dispute, also influence the procedures followed to determine the substantive law governing obligations. Even so, it is essential to employ a method for determining this law that is transparent, that excludes arbitrariness on the part of arbitrators, and that allows the parties to rely on a certain degree of predictability. Considering the growing importance of the seat of arbitration, which has seen the relevance of the theory of the anationality of arbitration decline, it is always necessary to assess the importance of the lex fori arbitri in determining the applicable substantive law. Unless the application of EU legislation, and hence also the Rome I Regulation, on the law applicable to obligations stems, as a matter of necessity, from the mandatory lex fori arbitri (which tends to be the exception), the application of the Rome I Regulation must always be kept to a minimum. There is therefore no reason why the Rome I Regulation cannot also be used in arbitral proceedings to determine the applicable law. Arguments such as the fact that this is a regulation applicable exclusively to civil litigation must be rejected.
- » Professor dr. Alexander J. Bělohlávek, the Managing Partner of our Law firm, has been included as an arbitrator into the Panel of Arbitrators of the South China International Arbitration Center (SCIAHK) in Hong-Kong.
- » Professor dr. Alexander J. Bělohlávek and dr. iur. Jan Šamlot attended the 25th Annual IBA Arbitration Days on “Building the arbitration model for tomorrow” organized in Singapore on 22 and 23 February 2024.
- » Professor dr. Alexander J. Bělohlávek and dr. iur. Jan Šamlot, both from our law firm, met on 19 February 2024 in Kuala Lumpur / Malaysia the representatives of one of the world-major permanent arbitration institutions – AIAC – Asian International Arbitration Centre.
- » This year Professor dr. Alexander J. Bělohlávek was appointed again as a member of the Scientific Counsel of the Faculty of Law of the University of West Bohemia in Plzeň (Pilsen), Czech Republic.
- » Professor dr. Alexander J. Bělohlávek and dr. iur. Jan Šamlot both from our law firm attended the conference on “When arbitration meets crime” organized in São Paulo in Brazil on 31 January 2024 – 2 February 2024.
- » In the Czech professional bar magazine Bulletin of advocacy (“Bulletin advokacie”) of the Czech Bar Association was published an article by prof. Bělohlávek and JUDr. Šamlot on the determination and application of professional bar rules in cross-border services provided by lawyers.
