About the project
Czech (& Central European) Yearbook of Arbitration®
The concept of arbitration as a method of dispute resolution is becoming increasingly important. Throughout the region, it is a frequently very progressive legal sector attractive both from a practical point of view and for specialists from various sectors. Central and Eastern Europe, on which this project focuses (though not exclusively), is steeped in the Roman tradition of continental Europe, where arbitration is based on the autonomy of the parties and informal procedure. This classical approach is somewhat different from the principles on which the system of arbitration in countries with a common-law tradition is built. Nevertheless, it is a highly particularized and fragmented system. A particular shortcoming is the absence of a comparative standard and base which would facilitate the identification of differences in individual countries and of common features of arbitration in the region, thus helping to resolve frequently identical problems. The CYArb® project aims to help address this issue and provide a forum for comparisons of arbitration practice and doctrine in different countries, both mutually and in relation to other international practices. It sheds light on practical and academic fields in those countries in order to compare domestic approaches to arbitration and to make a comparison with broader European and international practices. It also constitutes a basis for the exchange of information and legal research on arbitration.
Central and Eastern Europe, which must clearly be grasped as more than the sum of the borders of its individual countries and which can be comprehended all the less in terms of the former understanding of the bipolar world, is a region which, after the collapse of the old political boundaries, set off on the path of its peculiar and progressive development. This statement also applies to the development of the economy and the evolvement of democratic systems and values, which would not have been possible without functioning legal systems. In this regard, arbitration has copied those developments. Economic globalization on the European continent is accompanied by the formation of ever more intricately interconnected and complex commercial relationships with cross-border (transnational) elements, within which the business community in particular generally prefers to resolve disputes informally and as quickly as possible. Arbitration logically offers a solution here.
It was the dynamism of economic relations which contributed to the en masse development of arbitration, often in a somewhat natural form. Besides this particular, nationally oriented practical level of arbitration, reflected in domestic doctrine, the question of whether this issue can be examined from an entirely global point of view has been neglected in certain respects. The CYArb® project aims to remedy this shortcoming and provide a view of arbitration as a global legal and, moreover, economic and political category, and examine its global problems through the eyes of the region.