Decree No. 104 / 1981 Coll.
Decree of the Federal Ministry of Foreign Trade of the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce and Industry
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Effective from 01.01.1982
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104
DECLARATION
Federal Ministry of Foreign Trade
of 12 October 1981
declaring itself the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce and Industry
The Federal Ministry of Foreign Trade provides pursuant to § 48 of Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs:
The Federal Ministry of Foreign Trade, on a proposal from the Bureau of the Arbitration Court of the Czechoslovak Chamber of Commerce and Industry, announces the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce and Industry. The text of the Order is published in an annex to this Order.
The Order shall apply to all disputes in which the application for the initiation of proceedings (application) has been lodged from 1 January 1982.
Decree No. 47 / 1975 of the Federal Ministry of Foreign Trade is hereby repealed, declaring the new Order of the Arbitration Court of the Czechoslovak Chamber of Commerce. However, the order set out in its Annex shall continue to apply to disputes in which the application for initiation was lodged before 1 January 1982.
This Decree shall take effect on 1 January 1982.
Minister:
Ing. Urban CSc. v. r.
Annex to Decree No 104 / 1981 Coll.
ORDER OF THE DECISIONS
CZECH TRADE AND INDUSTRIAL COMPONENTS
I. BASIC PROVISIONS
Basis of action
1. The Arbitration Court of the Czechoslovak Chamber of Commerce and Industry (the Arbitration Court) acts as a permanent, independent body for disputes over property claims by independent arbitrators under the rules on arbitration proceedings in international trade (Act No. 98 / 1963 Coll., on arbitration in international trade and on the enforcement of arbitration findings).
2. The arbitration panel shall decide the disputes referred to in paragraph 1 where its jurisdiction arises in respect of the dispute in question.
a) from the international agreement (§ 35 of Act No. 98 / 1963 Coll.)
(b) a valid arbitration agreement concluded between the parties (Sections 2 to 4 of Act No. 98 / 1963 Coll.). An arbitration agreement shall also be deemed to be valid if the applicant brings an action before the arbitration panel and the defendant carries out an act indicating that he has voluntarily submitted himself to the jurisdiction of that arbitration panel (in particular, if he has entered into the case itself, without overriding the incompetence of that arbitration panel).
3. The trial before the Arbitration Court is one-stop.
II. ORGANISATION OF THE DECISIONS
Composition of the arbitration panel
The arbitration panel shall consist of the Bureau, the arbitrators, the secretary and his permanent representative.
Bureau of the Arbitration Court
1. The Board of Directors of the Czechoslovak Chamber of Commerce and Industry for a period of 3 years shall be chaired by a Bureau of Nine Members. If a member of the Bureau is unable to perform his duties, the Board of Directors of the Czechoslovak Chamber of Commerce and Industry shall elect a new member of the Bureau for the remainder of the term of office.
2. The Bureau shall elect a President and two Vice-Presidents from among its number. The Vice-Presidents shall represent the President in all his duties in his absence, in the order determined by the Bureau in their election.
3. Members of the Bureau may perform the functions of arbitrator or chair of the Board of Arbitration unless they participate in the proceedings and decisions of the Bureau in the same case.
4. The Bureau shall carry out the acts entrusted to it by this Order and any other acts falling within the competence of the Arbitration Court and not belonging to the President of the Arbitration Court, the arbitrators or the Secretary. It shall supervise the proper functioning of the arbitration procedure and shall provide the Administrative Agenda of the arbitration panel through the Secretariat. It shall meet at regular meetings convened by the President of the arbitration panel. The Bureau meetings shall be prepared by a secretary who shall also attend all meetings of the Bureau with an advisory vote.
5. The Bureau shall be eligible for a quorum if an absolute majority of its members are present; act by an absolute majority of the members present.
Arbitrators
1. Arbitrators are called upon to settle disputes themselves. In the performance of their duties, the arbitrators shall be independent and shall never have the character of a representative of any Party.
2. The dispute shall be decided by the Arbitration Board, composed of three arbitrators or, if the Parties so agree, by a single arbitrator. The establishment of an Arbitration Chamber or the appointment of another Arbitrator shall be carried out in accordance with this Order (§ 23).
3. Unless there is something else in the meaning of the individual provisions, everything that is provided for by the arbitrators and the Arbitration Board shall also apply to a single arbitrator.
1. An arbitrator may only be a person listed in the schedule of arbitrators or acting as a member of the Bureau.
2. The Bureau shall decide on the entry in the list of arbitrators and the removal from that list of arbitrators. The Secretary of the Arbitration Court shall be kept by the Arbitration Charter.
3. Persons who have acquired competence for the function of arbitrator and whose knowledge and experience, including knowledge of law, in conjunction with their personal characteristics, in particular in international trade or other professional activities may be entered in the list of arbitrators. Czechoslovak citizenship is not a condition for entry in the list of arbitrators.
Secretary
1. The Secretary shall organise an agenda relating to the activities of the Arbitration Court and carry out the other activities provided for by this Order, in particular the proper conduct of the arbitration procedure, the proper preparation of all decisions of the Arbitration Court, the safekeeping of all documents of the Arbitration Court, the signing of a clause on the acquisition of legal authority of the decision and the publication of a decision of major importance in an appropriate manner. He may attend any oral hearing before the arbitrators.
2. The Permanent Deputy Secretary shall perform the work as instructed by the Secretary and shall represent him in his absence.
III.
1. General provisions
Seat of the Arbitration Court and place of oral proceedings
1. The seat of the Arbitration Court is Prague.
2. Prague is the regular venue for oral meetings, unless the parties agree to hold oral meetings in Bratislava.
3. The Arbitration Board may, if necessary, hold oral proceedings elsewhere, but if oral proceedings are to be held abroad, the approval of the Bureau is required.
Submission of documents
1. All documents relating to the initiation and conduct of the arbitration procedure shall be submitted in such a number that each Party and all members of the Arbitration Board have one copy and the Secretariat.
2. The documents referred to in paragraph 1, except in the case of written evidence, shall be submitted in Czech or Slovak or in the language of the contract or in the language in which the parties correspond. The arbitration panel may, on its own initiative or at the request of a Party, request a translation into Czech or Slovak from the party which has submitted the document or arrange for such a translation on its cargo.
Language of proceedings
1. The oral hearing takes place and the decision is given in Czech or Slovak with interpretation into another language at the request of one of the parties. The arbitration panel shall, at the request of the Party and on its behalf, provide the service of the interpreter and, where appropriate, provide a translation of the decision of the arbitration panel and other documents.
2. With the agreement of the Parties, the Arbitration Board may, as appropriate, hold oral proceedings directly in another language.
Basis for dispute settlement
The arbitration panel shall settle disputes in accordance with the standards of applicable substantive law and shall be governed by a contract concluded between the Parties taking into account international commercial practices.
Service
1. Documents in the dispute shall be sent to the parties by the Registrar to the address indicated by the Party or to the elected legal representative.
2. Actions, defence, summons, arbitration findings and orders shall be sent by registered letter with confirmation of service.
3. Other documents may also be sent by registered or ordinary letter and by telex.
4. Any of the documents referred to above may also be served in person on confirmation.
5. All service received by the arbitration panel shall be valid if it has been made pursuant to paragraphs 1 to 4, even if the addressee has refused to take over the document or has not collected it through a notification from the post office.
6. If, after the opening of the arbitration procedure, the party has changed the address without notifying the arbitration panel, the service shall be effected in force by sending the documents referred to in paragraphs 2, 3 and 4 to its last known address.
7. A request for service through a requested foreign court or authority or another request for legal assistance through such a court or authority shall be the responsibility of the President.
Suspension of proceedings
The dispute may be suspended at the request of the Party for a serious reason for a certain period of time. An order for interruption shall be issued by the President of the Arbitration Chamber and, if the Arbitration Board has not yet been established, by the President of the Arbitration Court.
Return in previous situation
If, pending the publication of the arbitration finding and pending its notification, a party has not, for serious reasons, been able to take part in the proceedings in whole or in part, or has not carried out any action necessary to defend its right, the Arbitration Board shall act and, if it has not yet been established, the President of the Arbitration Court shall take reasonable steps to the proposal of that Party in order to carry out subsequently what it has missed.
Providing evidence and precautionary measures
1. After the action has been brought, but before the establishment of the Arbitration Chamber, the President of the Arbitration Court may, in urgent cases, provide evidence at the request of both parties or of one of them and may, to that end, appoint one or more experts or take other appropriate measures.
2. Before, during and after the arbitration procedure, either Party may request the competent authority to authorise an interim measure. The arbitration panel shall be informed of the submission of such a request.
Side participants
(1) In addition to the parties (the applicant and the defendant), the intervener may take part in the proceedings who have a legal interest in its outcome. Other persons may not be parties to the proceedings.
2. The intervener shall act for himself in the proceedings. Its acts shall be considered as acts of the Party to which it acceded if they do not contradict those of the Party; However, the parties may take into account the facts of the intervener even if they contradict the facts of the party.
Application of the provisions of Act No. 98 / 1963 Coll.
Questions which are not covered by these Rules are governed by the provisions of Act No. 98 / 1963 Coll., on arbitration in international trade and on the enforcement of arbitration findings.
Validity of management provisions
The provisions of the Rules of Procedure before the Arbitration Chamber (before a single arbitrator) shall apply mutatis mutandis to acts carried out by the Bureau, the President or the Secretary, unless otherwise provided for in those Rules.
2. Initiation
Submission of an action
1. The arbitration procedure shall be initiated by bringing an action before the arbitration panel.
2. If something else does not result from the international agreement binding on the Czechoslovak Socialist Republic, the date on which the application was served on the Arbitration Court shall be deemed to be the date on which the action was brought.
Content of the action
1. The application shall state:
(a) the designation of the parties;
(b) the applicant's claim,
(c) the signature of the applicant,
(d) the addresses of the pages.
2. The application shall also contain:
(a) a reference to the establishment of the jurisdiction (jurisdiction) of the arbitration panel where the jurisdiction (jurisdiction) does not result from an international agreement binding on the parties;
(b) an indication of the factual and legal circumstances on which the applicant bases his claims and an indication of the means of proof by which those circumstances can be established;
(c) the value of the object of the dispute;
(d) proof of payment of the arbitration fee;
(e) the name and surname of the arbitrator appointed by the applicant or the request that the arbitrator be appointed as President of the arbitration panel; the applicant may also appoint an alternate arbitrator.
Value of the object of the dispute
1. The applicant shall also state in the application the value of the object of the dispute in cases where his claim or part of the claim is of a non-monetary nature.
2. The value of the object of the dispute shall be determined in particular:
(a) the amount recovered in the claims for payment;
(b) the value of the property recovered in the recovery proceedings;
(c) the value of the subject-matter of legal relations at the time of bringing an action in an action for designation or in an action for modification of legal relations;
(d) on the basis of information available on the applicant's material interests in the case of actions for certain actions or actions.
3. In actions consisting of several entitlements, the amount of each entitlement must be set separately; the value of the subject matter of the dispute shall be determined by the sum of all claims.
4. Where the applicant has not determined the value of the object of the dispute or has improperly determined it, the arbitration panel shall, on its own initiative or at the defendant's request, determine the value of the object of the dispute on the basis of the information available.
Removal of defects in the application
1. If the Registrar finds that the action has been brought in such a way that the requirements laid down in Article 19 of these Rules have not been taken into account, he shall invite the applicant to remedy the defects found, and, as regards the requirements referred to in Article 19 (1), the time limit for the removal of the defect may not exceed 2 months from the date on which the latter's notice was received to the Registrar. If these defects are removed within the prescribed time limit, they shall be valid for the day on which the action is brought on the date referred to in Paragraph 18 (2). No action shall be taken pending the removal of those defects.
2. In cases where the applicant, irrespective of the call for the removal of those defects, insists on hearing the dispute, the proceedings shall be continued if the nature of the defect of the action so permits and an arbitration finding on the substance of the case shall be issued; otherwise the proceeding will be terminated.
3. Preparation of the dispute
Response to the action
1. If the Registrar is of the opinion that an action may be brought under these Rules, he shall inform the party complained against of its submission and send it a copy of the action with the attached documents as well as the instrument of the arbitrators and the Order of this Arbitration Court.
2. At the same time, the Secretary shall invite the defendant to submit, within 30 days of service of the action, his written observations supported by relevant evidence. At the request of the defendant, that period may be extended.
3. Within the same period, the Party complained against shall notify the name and surname of the arbitrator which it has chosen or request that the President of the arbitration panel appoint an arbitrator as arbitrator; the defendant may also elect an alternate arbitrator.
Establishment of an Arbitration Board or the election (appointment) of a single arbitrator
1. Arbitrators appointed within the meaning of paragraphs 19 and 22 by the Parties or by the President of the Arbitration Court shall elect the President of the Arbitration Chamber from the list of arbitrators.
2. If the party complained against does not appoint an arbitrator, or if the arbitrators do not elect the President of the Arbitration Board within 10 days of the date of notification of the appointment of the arbitrator, the arbitrator or chair of the Arbitration Board shall be appointed by the President of the Arbitration Court.
3. Where several applicants or several defendants appear in the dispute, each of the parties to the dispute shall be required to appoint, irrespective of the number of applicants or defendants, one arbitrator. If there is no agreement between the applicants or the defendants within a time limit set by the Secretary, the arbitrator shall be appointed by the President of the arbitration panel.
4. A single arbitrator shall be elected by mutual agreement of the Parties and, failing that, shall be appointed President of the Arbitration Court.
5. Unless the Arbitration Board is established (a single Arbitrator is not established), the President of the Arbitration Court shall be entitled to perform all procedural acts unless entrusted to the Secretary.
Rejection of the arbitrator, expert and interpreter
1. Each Party shall be entitled to refuse the arbitrator, the Chairman of the Arbitration Board or a single arbitrator if it considers that they are prejudiced, in particular if it can be assumed that they are, directly or indirectly, interested in the outcome of the dispute. The arbitrator, the Chairman of the Arbitration Board or a single arbitrator may also declare their resignation. The refusal must be made before the oral hearing is opened. If a refusal is made later, it shall be decided only if the reason for the late refusal has been considered serious.
2. The remaining members of the Arbitration Board shall decide on the rejection of the arbitrator. If no agreement is reached between them or if the opposition is directed against two arbitrators, the Bureau of the Arbitration Court shall decide on the refusal, which shall also decide on the rejection of a single arbitrator.
3. If a refusal is granted, the new arbitrator, the new chairman of the Arbitration Board or a single arbitrator shall be elected or appointed in accordance with these Rules and shall not be bound by the acts of his predecessor.
4. For the reasons set out in paragraph 1, experts and interpreters may be rejected. In this case, the Board of Arbitration shall decide on the refusal.
Decision on jurisdiction (jurisdiction)
1. The jurisdiction (jurisdiction) of the arbitration panel shall be decided by its Bureau. To that end, where the arbitrators have already been designated, otherwise the Secretary, shall submit to him a brief report, in any case when the jurisdiction (jurisdiction) is decided. The arbitration panel shall, in the light of the objection of the Party or the doubts of the arbitrators or the Secretary, where appropriate, if the arbitrators or secretaries consider that the arbitration panel is incompetent.
2. The Bureau shall suspend proceedings by order if it considers that the jurisdiction (jurisdiction) of the Arbitration Court is not given to hear and decide the case. It shall also reject the objection of non-jurisdiction if it considers that the arbitration panel is competent.
3. Before a decision is taken, the Bureau may order oral proceedings as appropriate.
4. The Arbitration Board shall, before submitting to the Bureau a question of jurisdiction, take the measures it deems necessary to avert damage to the parties or to preserve the outcome of the proceedings, unless the competent court or other authority is present.
Preparation of the dispute by the Arbitration Board
The arbitration panel shall examine the status of the preparation of the dispute for consideration and, if deemed necessary, shall take additional measures to prepare the dispute, in particular request written opinions, evidence and other supplementary documents from the parties.
Call for oral proceedings
1. The arbitration panel shall inform the parties of the time and place of oral proceedings by way of a summons which shall be sent to them in advance so that each party has a period of at least 30 days to prepare the hearing and to travel to oral proceedings.
2. With the agreement of the Parties, this period may be shorter.
4. Dispute hearing
Oral proceedings
1. The dispute is discussed in oral proceedings, which are generally public. At the request of either Party or on its own initiative, the dispute shall be heard in private session.
2. The Parties shall participate in oral proceedings, directly or through their duly authorised representatives, which shall be appointed by the Parties according to their own discretion, including, where appropriate, foreign nationals.
3. If a party who has been duly informed of the time and place of oral proceedings does not appear, its absence shall not prevent the hearing if the party who is not present does not request a continuance for serious reasons until the hearing is concluded.
4. Each Party may declare that it agrees that oral proceedings be held in its absence.
5. Oral proceedings may be adjourned, if necessary, on a proposal from the Party or at the initiative of the Arbitration Board.
6. An application for amendment of the oral date shall be submitted in sufficient time to enable the counterparty and members of the arbitration panel to be informed.
Decision-making on the basis of written evidence
The Parties may agree that the Arbitration Board shall decide only on the basis of documents, without oral proceedings. However, the Arbitration Board may order oral proceedings if the documents submitted prove insufficient.
Actions against each other (counter-action)
1. The defendant shall be entitled to bring a counterclaim before the end of the oral hearing on the basic application. However, if the defendant causes delays in the arbitration proceedings to be unjustifiably late in bringing an action against him, he may be ordered to compensate for the additional costs incurred by the arbitration panel and the costs incurred by the other party.
2. The same requirements apply to counter-actions as to main actions (Paragraph 19).
Attempted reconciliation
The Arbitration Board shall be entitled at each stage to invite the Parties to conclude the conciliation and to make proposals, recommendations and initiatives which it considers may contribute to the implementation of the conciliation.
Minutes of oral proceedings
1. The oral hearing in the dispute shall be recorded in Czech or Slovak, which shall contain the following particulars:
(a) the designation of the arbitration panel;
(b) the number of the dispute;
(c) the place and date of the meeting;
(d) the designation of the parties concerned and their representatives;
(e) an indication of the parties' participation;
(f) the names of the arbitrators, witnesses, experts, interpreter and other parties to the oral proceedings;
(g) a brief but concise description of the course of the meeting,
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Regulation Information
| Citation | Decree of the Federal Ministry of Foreign Trade No. 104 / 1981 Coll., declaring the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce and Industry |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.11.1981 |
|---|---|
| Effective from | 01.01.1982 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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