The institute of cancelling arbitration award in the international environment

The modern arbitration law is established on the two pillars:

• autonomy for the parties and arbitral tribunal,
• judicial control mechanism of state courts in the place, where the arbitration court has its seat or where the arbitration proceeding takes place.

The well balancing contribution of competence between the state courts on the one hand and the arbitral tribunal on the other hand is the important condition for succesfull development of the arbitration both internal and international.
The care of this paper is the control competence of state courts to the internal and international ar­bitration and the analysis and comparison of the re­gulation of the setting aside proceeding of the award in the law of some european countries and in the Czech law.
The Czech law doctrine and law regulation (in Act No 216/1994, Coll. on arbitraion proceeding and enforcement of award, in farce since 1995) are established on the classic aproach. The parties or the arbitrators are not entitled to chaose the procedural law of another country. The courts in Czech repub­lic are entitled to set aside only so called domestic award, It is the award, which was issued in Czech republic. Parties have not the autonomy to moved this competence of court. The state court will aply only Czech law. The setting aside of the award is the exception to the general principle of res iudica­tae. According the Czech law, only final or partial award could be the subject of this proceeding. This proceeding could be initiated only of one party, not ex officio. The exhaustive list of grounds for setting aside is contained in article 31 of above mentioned Act (non-arbitrability ar absence of any arbitration agreement, arbitrator was not authorised to make a decision or not competent to act as arbitrator, the award was not approved by a majority of arbitrators, a party was not given an opportunity to discuss the subject matter in the proceeding, the award prescri­bes settlement, which was not requested, ar is im­ possible or inadmissible under Czech law, there are reasons establishing grounds for a potential request to re-open the case in civil proceeding).