Act No. 106 / 1990 Coll.
Act amending and supplementing Act No. 121 / 1962 Coll., on Economic Arbitration
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Effective from 01.05.1990
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106
THE LAW
of 19 April 1990
amending and supplementing Act No. 121 / 1962 Coll., on Economic Arbitration
The Federal Assembly of the Czechoslovak Federal Republic has decided on this law:
Act No. 121 / 1962 Coll., on Economic Arbitration, as amended by Act No. 116 / 1965 Coll., Act No. 106 / 1967 Coll., Act No. 139 / 1970 Coll., Act No. 166 / 1982 Coll. and Act No. 99 / 1988 Coll. are amended as follows:
1. The second and third sentences are deleted in the preamble.
Article 2 (1), including references (1) and (2) shall read as follows:
The economic arbitrage in the protection of the rights and rights of protected interests arising from business activities and other economic relations (hereinafter referred to as economic relations) shall perform the following main tasks:
(a) discuss and decide disputes arising from business and economic relations between economic interests1) (hereinafter referred to as "the organisation") and implement arbitration decisions;
(b) in the cases and under conditions laid down by specific provisions, it shall decide on the invalidity of the measures taken by the economic management body and the imposition of an economic fine. (2)
1) Sections 1, 17 (2) and 26a of the Economic Code No. 109 / 1964 Coll., as amended.
2) Sections 26c and 384b of the Economic Code. ';
3. in Paragraph 2 (1), the provisions in (g) are deleted and the following paragraph is inserted, including reference (3):
"(2) Economic arbitration shall decide on the sale of the case which has been suspended or withheld and on the satisfaction of the claim for recovery. 3) '
3) Sections 129g and 129k of the Economic Code. '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
4. Paragraph 2a (2) shall be deleted; at the same time the numbering of paragraphs shall be deleted.
5. § 4 is deleted.
6.
(1) Economic arbitrage is a system of independent bodies determining economic disputes. It also decides on the annulment of the measure and on the imposition of an economic fine. In this activity it is only bound by legislation.
(2) In other areas of activity, the State Arbitration of the Czech and Slovak Federal Republic has the status of the Central Authority of the Czech and Slovak Federal Republic. The State Arbitration of the Czech Republic and the State Arbitration of the Slovak Republic have the status in these areas of the Central Authority of the Czech Republic and the Slovak Republic. "
7. Article 6 (1) (a) reads as follows:
"(a) the presidium of economic arbitrage,"
Points (a) to (c) shall be renumbered (b) to (d).
8. Paragraph 6 (3) is deleted.
9. In Paragraph 8 (1), the first sentence is deleted, while the provisions under (b) and (d) are deleted. In points (c) and (f), the words "socialist 'shall be deleted; in point (f), the words" non-decision' shall be added after the words "instruction '.
Points (c), (e) to (g) shall be renumbered (b), (c) to (e).
10. in Paragraph 8, paragraph 3 is deleted.
11. In § 8a, the first sentence is deleted. In the second sentence, the words "These arbitration 'are replaced by the words" State arbitration of the Czech Republic and State arbitration of the Slovak Republic'.
12.
"(a) monitor the decision-making of regional state arbitrage and supervise the legality of their decision-making;
(b) ensure the management, staffing agenda and administration of regional State arbitrage and manage these arbitrage bodies in these areas, ';
13. in Article 8a, the provisions under (c) and (e) are deleted; in the provision under (d), the word "non-decision" is inserted after the words "instruction."
Point (d) shall be renumbered (c).
14. In Paragraph 9 (2), the words "and their Deputy Directors" shall be inserted before the word "name."
15. In Paragraph 9 (3), at the end of the last sentence, the words "to the extent resulting from this Act" shall be added.
16. Article 9 shall be added to paragraph 4:
"(4) The main arbiter of the Czech and Slovak Federal Republic, the main arbiter of the Czech Republic, the main arbiter of the Slovak Republic and their Deputy and the Head of the Regional State Arbitration must meet the requirements laid down for the functions of the State Arbiter."
17. in Article 9a (1), the words "politically and" shall be deleted.
18. In Paragraph 10 (1), the first words "State Arbitration of the Czechoslovak Socialist Republic 'are replaced by" Economic Arbitration'.
19. in the introductory sentence of Paragraph 10 (2), "State Arbitration of the Czechoslovak Socialist Republic" is replaced by "Economic Arbitration."
20. Paragraph 10 (2) (a) reads as follows:
"(a) decide on the appeal against the decision of the State Arbitration of the Czech and Slovak Federal Republic and on the amendment or revocation of the decision imposing an economic fine and the decision on the annulment of the measures by the economic management body,";
21.
"(b) approve the Rules of Procedure of the Presidium of Economic Arbitration."
22. in the introductory sentence of Paragraph 10 (3), the words "State Arbitration of the Czechoslovak Socialist Republic" are replaced by the words "Economic Arbitration."
23. in Article 10 (3), the provisions in (b) shall be deleted; Point (c) shall be renumbered (b).
24. Article 13 (1) reads as follows:
"(1) The State Arbitration of the Czech and Slovak Federal Republics discusses and decides
(a) economic disputes in which at least one of the parties is the Federal Ministry of National Defence or a subordinate organisation thereof;
(b) economic disputes concerning supplies and subcontracting necessary to ensure the defence and security of the State or supplies in the field of material State reserves;
(c) disputes referred to in Article 2a between organisations and federal ministries or other federal central authorities. "
25. Paragraph 13 shall be added to paragraph 4:
"(4) The State Arbitration of the Czech and Slovak Federal Republic decides on the appeal against the decision of the State Arbitration of the Czech Republic and the State Arbitration of the Slovak Republic."
26. in Article 13a (1), point (a) shall be deleted and the designation (b) shall be deleted.
27. Article 13a (3), including references (4), reads as follows:
"(3) The local jurisdiction of the State Arbitration of the Czech Republic or the State Arbitration of the Slovak Republic shall be governed by the seat of the body or the seat of the organisation against which the arbitration request or the application for an economic fine is directed, or by the seat of the economic proceeding body against which the application for annulment of the measure is directed; where there are more than one institution or organisation, jurisdiction shall be governed by the seat of any of them. Where a proposal to impose an economic fine against business4 is directed, local jurisdiction shall be governed by the place of business; if the place of business is not permanent, local jurisdiction shall be governed by the place of registration of the entrepreneur.
4) Paragraph 1 (2) of Act No. 105 / 1990 Coll., on the Private Business of Citizens. '
28. Article 13a shall be added to paragraph 4:
"(4) The State Arbitration of the Czech Republic and the State Arbitration of the Slovak Republic decide on the appeal against the decision of the regional State Arbitration. If the decision of the Regional State Arbitration is taken on the territory of the Czech Republic, the State Arbitration of the Czech Republic shall be responsible for the decision on the appeal, if the decision on the Regional Arbitration is taken on the territory of the Slovak Republic, the State Arbitration of the Slovak Republic shall be responsible for the decision on the appeal."
29. in Article 14 (2) and (3), including reference (5):
"(2) The local jurisdiction of the county state arbitrage shall be governed by the headquarters of the organisation, the Ministry or any other central authority against which the arbitration request is directed. If the arbitration request for the fissile plant of an organisation or other organisational unit of an organisation is concerned, 5) the local jurisdiction shall be governed by the headquarters of the fissile plant or the seat of another organisational unit of an organisation that is registered in the company register. Where an arbitration request is directed against an entrepreneur, local jurisdiction shall be governed by the place of business; if the place of business is not permanent, local jurisdiction shall be governed by the place of registration of the entrepreneur.
(3) Where an arbitration request is directed against several opponents, the local jurisdiction of the regional State arbitration shall be governed by the seat (place of business, place of registration) of any of them.
5) § 107 (1) of the Economic Code. '
30. In Paragraph 14, paragraphs 4 and 5 are added:
"(4) Where investment is concerned, local jurisdiction in disputes between the supplier and the investor shall be governed by the place where the investment is carried out.
(5) In order to discuss and resolve disputes concerning the supply of export investment units in which at least one of the parties is an export customer or a main supplier, the relevant State arbitration exercising the jurisdiction of the regional State Arbitration for the territory of the capital of Prague or for the territory of the capital of the Slovak Republic of Bratislava shall be the State Arbitration. Local jurisdiction in such cases shall be governed by the place of the export buyer; If the export buyer is not party to the dispute, the local jurisdiction shall be governed by the principal supplier's registered office. If the export buyer or main supplier has a registered office or place of registration on the territory of the Czech Republic, the arbitration exercising the jurisdiction of the regional State Arbitration on the territory of the capital city of Prague is responsible for discussing and deciding the dispute. Where an export buyer or principal supplier has its registered office or place of registration in the territory of the Slovak Republic, the arbitrage exercising the jurisdiction of the regional State Arbitration in the territory of the capital of the Slovak Republic of Bratislava shall be responsible for discussing and deciding the dispute. ';
31. in Paragraph 19 (2), the word "socialist" shall be deleted.
32. Paragraph 20, including the title, reads:
Initiation
Economic arbitrage shall be initiated upon request by arbitration proceedings. The proceedings shall be opened on the date on which the economic arbitrage of the arbitration request was received. ';
33. In Article 21 (1), the following sentence is added at the end: "If an arbitration request is directed against an entrepreneur, it shall also include data on the place of business; where the place of business is not permanent, the arbitration request shall contain details of the place of registration and the place of permanent residence of the entrepreneur. ';
34. In Paragraph 21 (2), the following sentence is added at the end: "Where an application for interim measures is included in the arbitration request, there is no need to attach proof of an attempt at reconciliation to the arbitration request. '
35. in Paragraph 22, the following paragraph 2 is inserted after paragraph 1:
"(2) Economic arbitrage may extend the period or, in justified cases, waive it."
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
36. the first sentence of Paragraph 22 (2) shall be deleted.
37. In Paragraph 22a (3), the words "and return it to the person making the request" shall be deleted from the first sentence. In the second sentence, "returned 'is replaced by" decision to refuse arbitration'.
38. the following Article 22b is inserted after Article 22a:
If an arbitration request has been lodged with an economic arbitrage body which is not competent to discuss it, that authority shall forward it to the competent economic arbitrage authority and the parties to the dispute shall inform it thereof. ';
39. In § 23, the last sentence is deleted.
40. The following words are added at the end of Paragraph 26: "where these proposals concern the legal qualification of the claim claimed and the choice of procedural procedures."
41. In Section 27, the words "or the principles of economic policy of the Czechoslovak Socialist Republic" are deleted.
42. In Paragraph 28 (2), the words "or the principles of economic policy of the Czechoslovak Socialist Republic" and the second sentence "or with the principles of economic policy of the Czechoslovak Socialist Republic" are deleted.
43. Paragraph 29 (1) reads as follows:
"(1) The organisation, which knowingly disclosed false information, did not submit observations on the arbitration request within the time limit laid down, the proceeding arbitrarily extended or failed to comply with the measures imposed under Paragraph 33, may impose an order-order fine of up to 10 000 Kčs."
Article 44 (30) reads:
(1) The economic dispute is discussed by the State Arbiter, together with the representatives of the organisations between which it was established, and it governs the negotiations in such a way that a solution is jointly agreed which complies with the laws and principles of fair trade.
(2) The economic dispute is discussed and decided by the Senate. The members of the Chamber, which is a three-member, and its chairman, shall be appointed by the competent main arbitrator or chief of the military component of the State Arbitration of the Czech and Slovak Federal Republic or by the competent regional State Arbitration Head of the State Arbitration Body.
(3) State arbitrators shall be excluded from hearing and deciding the case if, in view of their relationship with the case, the participants or their representatives, there is doubt as to their unbiased nature. The Party shall decide on whether the State Arbiter is excluded, on a proposal from the Party, in a dispute between the Head of the Regional State Arbitration and the relevant main Arbiter. '
45.
"(c) the statement that the decision is provisionally enforceable;"
46. Paragraph 31 is deleted.
47. Article 32 (1) reads as follows:
"(1) Individual economic disputes whose decisions fall within the competence of economic arbitrage may also discuss and decide the arbitrators. The exception is disputes in respect of which the State Arbitration of the Czech and Slovak Federal Republic, the State Arbitration of the Czech Republic or the State Arbitration of the Slovak Republic, the disputes referred to in § 2a, disputes concerning the supply of export investment units in which at least one of the parties is an export customer or principal supplier, and property disputes of an amount exceeding 500 000 Kcs. Where an organisation proposes, in the course of a dispute, a reduction or remission of property penalties or a reduction in compensation, the arbitrator shall refer the dispute to the competent authority of economic arbitrage for further consideration and decision. ';
48. in Article 32 (5) and (6):
"(5) A decision given by an arbitrator shall have the effect of an arbitration decision. The provisions of Sections 42 and 42a apply to its fulfilment and enforcement.
(6) An arbitrator's decision may be challenged by appeal under the same conditions as the arbitration decision. The appeal shall be lodged with the economic arbitrage authority, which would otherwise have been the case. An application for renewal shall be submitted to the same authority. That authority shall decide on the authorisation for renewal. The appeal shall be decided by the relevant State arbitration of the Republic. Paragraph 41 applies mutatis mutandis. If the decision of the arbitrator is annulled, the arbitration body within whose jurisdiction the dispute falls shall decide in the dispute. '.
49. Paragraph 33, including the title, reads:
Preliminary measures during arbitration proceedings
(1) If there is a danger of delay, the State Arbiter may impose interim measures in a written decision on organisations between which there is an economic dispute, in particular on the obligation to do something, to refrain from or tolerate something.
(2) The provisional measures may be fixed for a fixed period and for an indefinite period, at the request of one of the parties to the dispute.
(3) The provisional measures are hereby repealed.
(a) performance of the obligation imposed;
(b) the expiry of the period for which it has been deposited;
(c) a final decision on the matter.
(4) The State Arbitrator shall abolish the provisional measure as soon as the reasons for which it was imposed have ceased to exist. It may do so on its own motion. If necessary, the State Arbiter shall deal with the consequences of the measure imposed in the decision in the case. '
50.
The economic arbitrage authority shall discuss and decide the dispute at first instance within 30 days of the initiation of the procedure. The head of the competent authority of economic arbitrage may, where justified, extend that period. ';
51. the following sentence shall be added at the end of Paragraph 35 (1): "The arbitration decision shall also contain an appeal notice."
52. Paragraph 35 (2) reads as follows:
"(2) The justification must show the facts on which the decision is based and how the evidence was assessed. '
53.
(1) Arbitration decisions are announced as a rule immediately after the arbitration negotiations have been concluded. The arbitration authority may reserve a written decision without its publication.
(2) An arbitration decision against which an appeal is admissible shall take effect within 15 days of its notification unless an appeal has been lodged within that period.
(3) The arbitration decision, which cannot be challenged by an appeal, shall become final by service. "
54. in Paragraph 38 (4), the words "the legal effects of the decision." shall be replaced by the words "the effects of the final decision."
55.
Appeals
(1) An organisation which is a party to an economic dispute may lodge an appeal within 15 days of service of the arbitration decision, unless the law excludes it. The appeal shall also be lodged in due time if it has been lodged after the expiry of the 15-day period because the appellate organisation has followed the incorrect instruction of the arbitration decision.
(2) If the arbitration decision does not contain an appeal notice or contains an incorrect indication that the appeal is not admissible, an appeal may be lodged within three months of the receipt of the arbitration decision. If only part of the decision is contested, such appeal shall not affect the legal power of the operative part of the judgment which has not been contested. This does not apply in cases where the decision on the contested operative part is dependent on an opinion which has not been affected by the appeal.
(3) The appeal is not admissible against a decision which:
(a) the course of the proceedings shall be adjusted;
(b) the period for the removal of defects in the arbitration request has been extended or waived;
(c) the proceeding has been terminated following a withdrawal of the arbitration request,
(d) an interim measure has been imposed pursuant to Article 33;
(e) the Agreement of the Parties has been approved.
An appeal shall not be admissible even if it is directed only against the reasons for the decision.
(4) The appeal shall be lodged with the economic arbitrage authority against whose decision it is directed. The organisation must attach proof of payment of the specified arbitration fee to the appeal. The same copy of the appeal must be sent at the same time to the other parties to the dispute which are required to submit their observations within 10 days of receipt of the copy of the appeal.
(5) The economic arbitrage body against whose decision the appeal is directed shall ensure that the defects of the appeal are remedied. Paragraph 22 applies mutatis mutandis to the removal of defects. As soon as the time limit for lodging the appeal or, where applicable, the time limit for the removal of the defects of the appeal has expired, the institution against whose decision the appeal is directed shall submit the appeal to the authority responsible for appeal proceedings.
(6) If the appeal has been filed late or is not admissible or if the defects of the appeal have not been remedied within the prescribed period, the appeal authority shall reject the appeal.
(7) The appeal shall be decided in a Chamber of three. If the nature of the case so requires, the President of the Chamber shall order the hearing. Otherwise, the provisions of Part Three shall apply mutatis mutandis to appeal proceedings.
(8) Until the appeal has been decided, whoever lodged the appeal may withdraw the appeal. In such a case, the appeal authority shall proceed mutatis mutandis in accordance with Paragraph 28.
(9) Where legislation has been infringed by a decision, the appeal authority shall amend or revoke the decision and order the dispute to be renegotiated. In the new procedure, the arbitration authority shall decide on the costs of the whole procedure. If the decision is factually correct, the appeal authority shall confirm the decision. The Appellate Body may also decide to approve the organisation agreement or to suspend the proceeding; the provisions of paragraphs 27 and 28 apply mutatis mutandis.
(10) The decision on appeal shall become final by service. "
56. Paragraph 40, including the title, reads:
Restoration of proceedings
(1) The competent arbitrage decision may challenge an organisation which is a party to an economic dispute by proposing a retrial if, following the legal power of the decision, new facts which could not be used in the proceedings and which are of substantial importance for the decision in the matter have been subsequently found to have been taken or have been decided against as a result of the offence of the State Arbiter.
(2) An application for renewal may be lodged within 3 months of the finding of new facts, but no later than two years after the decision has been taken. The application shall be lodged with the economic arbitrage authority, which shall act at first instance. The application shall state the reasons for the renewal and the relevant supporting documents. The same copy shall be sent simultaneously to the other parties to the dispute which are obliged to comment on the application within 10 days of receipt of the copy of the application.
(3) The application for revision of the procedure will be examined by the economic arbitrage authority, which decided at first instance. If it does not find the proposal justified or if the proposal is late, it shall reject the proposal. This decision may be appealed against. Paragraph 39 of the appeal applies mutatis mutandis.
(4) If the application for renewal is justified, the economic arbitrage body which took its decision at first instance shall authorise the renewal of the procedure by decision. Once the decision becomes legal, it will renegotiate. The new Decision repeals the original Decision. The new decision shall decide on the reimbursement of the costs of both the main proceedings and the recovery proceedings. '
Section 57, 40a is released.
58. Paragraph 41, including the title, reads:
Review of the decision outside the appeal procedure
(1) An arbitration decision which is legally in force may be reviewed outside the appeal procedure. The application for review of a decision outside the appeal procedure may be made by one of the members of the Presidium of Economic Arbitration at the latest within two years of the legal authority of the State Arbitration of the Republic, if it is the final decision of the Regional Arbitration of the Czech and Slovak Federal Republic, if it is the final decision of the State Arbitration of the Republic and of the Presidium of Economic Arbitration, if it is the final decision of the State Arbitration of the Czech and Slovak Federal Republic.
(2) The arbitration authority to which the application for review of a decision outside the appeal procedure has been lodged shall revoke the decision and order the dispute to be renegotiated if it finds that the decision has been infringed by law; otherwise reject the proposal. The new procedure will also determine the costs of the main proceedings.
(3) When examining a decision outside the appeal procedure, the arbitration authority shall base itself on the facts and legal situation at the time of the decision.
(4) Review of the decision outside the appeal procedure is not admissible
(a) against the decision of the presidium of economic arbitrage;
(b) against the decision referred to in paragraph 2. "
59. § 41a is deleted.
60. Paragraph 42, including the title, reads:
Compliance with the decision
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Regulation Information
| Citation | Act No. 106 / 1990 Coll., amending and supplementing Act No. 121 / 1962 Coll., on Economic Arbitration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.04.1990 |
|---|---|
| Effective from | 01.05.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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