Klára Drličková

Arbitrability and Public Interest in International Commercial Arbitration

Summary The aim of this article is to analyse the mutual relationship between arbitrability and public interest. The definition of arbitrability has remained in the domain of national law; there is no internationally unified definition, although a common trend towards the extension of its scope may be observed. There is no doubt about arbitrability in disputes concerning only the individual interests of the parties. However, if the dispute shows elements of public interest, it does not automatically imply that it is not arbitrable. A sign of equation thus cannot be put between public interest and inarbitrability. Disputes arising from economic activities involving public interest can be resolved before the arbitral tribunals. This for instance includes private-law enforcement of competition rules (including EU ones), disputes affected by illegal (criminal) actions, disputes concerning intellectual property rights (in certain countries also with erga omnes effects) or disputes related to insolvency proceedings.

Consequences of Corrupt Practices in Business Transactions (Including International) in Terms of Czech Law

Corrupt practices seem to be encountered most frequently in cases involving public funding. Nonetheless, they can also play a negative role in private relationships, where no public money is handled or where such money is involved only indirectly. The chapter contains analysis of Czech legislation providing for punishment of corrupt practices, under both criminal and civil law. The analysis focuses both on purely private-law relationships and on transactions that involve – as one of the parties – an entity handling public resources.