Arbitration clause as unfair contract term from the perspective of Czech and EC law

Result code in IS VaVaI
<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216224%3A14220%2F08%3A00035170" target="_blank" >RIV/00216224:14220/08:00035170 - isvavai.cz</a>
Alternative codes found
RIV/00216224:14220/08:00051128
Result on the web
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DOI - Digital Object Identifier
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Result language
angličtina
Original language name
Arbitration clause as unfair contract term from the perspective of Czech and EC law
Original language description
The paper presented at the conference in Turin deals, in general terms, with the relationship between consumer protection in the EU and arbitration as a mechanism of dispute resolution. Second, the ECJ Claro case is examined with particular emphasis on the influence of this case on Czech law. Also, paper reminds us that the Directive on unfair contract terms has not been still correctly implemented into Czech law. This is due to the fact that the Czech consumers have to claim invalidity of arbitration clause as unfair contract term, for the Czech Civil Code lays down so called relative invalidity of unfair contract term. What is more, the section 33 of the Czech Arbitration Act seems to be at variance with the Claro decision as well as with the article6 of the Directive on unfair contract terms.
Czech name
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Czech description
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Publication year
2008
Confidentiality
S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

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