Decree of the Minister for Foreign Affairs No. 115 / 1974 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the Settlement of Civil Disputes arising from Economic and Scientific and Technological Cooperation in Arbitration
Valid
Effective from 31.10.1974
115
DECLARATION
Minister for Foreign Affairs
of 15 November 1974
concerning the Convention on the settlement of civil disputes arising from economic and scientific and technological cooperation in arbitration
On 26 May 1972, the Convention on the Settlement of Civil Disputes arising from Economic and Scientific and Technological Cooperation in Arbitration was signed in Moscow.
The President of the Republic ratified the Convention and the instrument of ratification was deposited in the Secretariat of the Council of Mutual Economic Assistance, the depositary of the Convention, on 2 August 1974.
The Convention entered into force on 13 August 1973 on the basis of Article VIII thereof and for the Czechoslovak Socialist Republic on 31 October 1974.
The Czech translation of the Convention is being announced simultaneously.
First Deputy Minister:
Krajčir v. r.
CONVENTION
on the resolution of civil disputes arising from economic and scientific and technological cooperation in arbitration
the Governments of the People's Republic of Bulgaria, the People's Republic of Hungary, the German Democratic Republic, the People's Republic of Mongolia, the People's Republic of Poland, the Socialist Republic of Romania, the Union of Soviet Socialist Republics and the Czechoslovak Socialist Republic,
led by efforts to ensure favourable legal conditions for further deepening and improving mutual economic and scientific and technological cooperation,
Recalling that the appropriate solution to the issues raised during the implementation of this cooperation helps its successful development,
taking into account that the arbitration courts in their States have in practice proven to be an effective instrument for the resolution of disputes relating to foreign trade operations; and
seeking an even wider use of these arbitration courts by their mandate to discuss civil law disputes arising from relations concerning all types of economic and scientific and technological cooperation,
agree on the following:
(1) Any dispute between economic organisations arising from contractual and other civil relations arising between them in the course of the economic and scientific and technical cooperation of the Contracting States of this Convention shall be decided in an arbitration procedure excluding the jurisdiction of the national courts in such disputes.
(2) The relations referred to in paragraph 1 shall be regarded as relations from sales contracts, specialisation and co-production contracts, work contracts, construction, assembly, design, research, scientific and research, design design and experimental works, from contracts for the provision of transport, mail and other services, as well as other civil relations arising during economic and scientific and technical cooperation between the Contracting States of this Convention.
(3) Economic organisations within the meaning of this Convention shall be considered as economic organisations within the meaning of this Convention, firms, trusts, associations, compositions, major administrations operating by virtue of the rink, as well as scientific research institutes, design design offices and other organisations of a similar kind, which are civil law bodies and have their registered office in the various Contracting States of this Convention.
(1) The disputes referred to in Article I shall be discussed with the arbitration panel established at the Chamber of Commerce in the State of the defendant party or, under the arrangements of the Parties, in the third Contracting State of this Convention.
(2) In those cases where specialised arbitration courts operate in the Contracting States of this Convention to discuss certain categories of disputes, such disputes shall be dealt with by mutual agreement between the Parties by those arbitration courts.
(3) Mutual action and the right to set-off resulting from the same legal relationship as the main action shall be subject to consideration before the arbitration panel hearing the main action.
(1) Arbitration courts do not have the power to discuss claims to conclude a contract or to accept individual contractual terms.
(2) Paragraph 1 does not affect the jurisdiction of the arbitration panel as regards the consideration of claims by the injured party for payment of periodic penalty payments provided for in respect of breach of the contract for the conclusion of a future contract or for compensation for damage caused by such infringement.
(1) The decisions of the arbitration courts referred to in Article II (1) are final and binding. The parties volunteer.
(2) Such decisions shall be deemed recognised without further procedure and shall be enforced in any Contracting State of this Convention in the same way as the final decisions of the State courts of the State where the decision is to be enforced.
(3) With regard to reconciliation, as confirmed by the arbitration panel, paragraphs 1 and 2 of this Article shall apply mutatis mutandis.
(4) The provisions of paragraphs 1 and 2 of this Article also apply to the decisions of the specialised arbitration courts referred to in Article II (2) of this Convention, as well as to the settlements confirmed by the specialised arbitration panel, unless otherwise foreseen in the law of the State where such arbitration court is situated.
(5) The decisions of the arbitration courts referred to in Article II and the conciliation confirmed by those courts, which have not been carried out voluntarily, may be submitted for enforcement within a two-year period. This limitation period shall be calculated from the date of service of the arbitration award to the party requesting enforcement and upon dispatch by post - from the date of stamp of the post office of receipt of the registered letter for dispatch. In the case of conciliation, that period shall be calculated from the date of the settlement.
(1) Enforcement of the arbitration panel decision may be refused by the State Court of the country of enforcement only in the case of:
(a) where the decision has been taken in breach of the provisions on jurisdiction laid down in this Convention; or
(b) if the party against whom the judgment has been given proves that it has been deprived of the possibility of defending its rights as a result of a breach of the rules of the arbitration procedure or of other circumstances which it could not avert and which prevented it from taking part in the proceedings of the arbitration panel and informing the arbitration panel of those circumstances; or
(c) if the party against whom the decision of the arbitration panel has been given proves that the decision has been revoked or suspended under the national provisions of the State in which it was given.
(2) In the event of refusal to execute the decisions of the arbitration panel on the grounds referred to in points (a) and (b) of paragraph 1 of this Article, the party for whose benefit the decision has been given shall be entitled to bring a new action before the competent authority for the same reason within a period of three months, calculated from the date on which the order for refusal became final.
(1) The provisions of the bilateral and multilateral conventions previously concluded by them shall not apply to the matters covered by this Convention in the relations between its Contracting States, except those under which certain categories of civil law disputes fall within the exclusive competence of certain institutions.
(2) This Convention shall also not apply to civil disputes which, under the national law in force at the time of signature of the Convention, fall within the exclusive competence of judicial authorities or other State bodies.
This Convention shall not apply to cases pending on the date on which the Convention enters into force.
(1) This Convention shall be ratified by the States which signed it. The instruments of ratification shall be transmitted to the Secretariat of the Council of Mutual Economic Assistance, which shall be the depositary of this Convention.
(2) This Convention shall enter into force on the 90th day from the date on which the fifth instrument of ratification was transmitted to the depositary.
(3) The Convention shall enter into force on the 90th day following the date on which the instruments of ratification were transferred to the depositary after the entry into force of the Convention.
(1) With the agreement of the Contracting Parties to this Convention, other States may accede to this Convention after its entry into force by transmitting to the depositary the instrument of access. Access shall be deemed to be valid after 90 days from the date on which the depositary receives the last consent report.
(2) The State which accedes to this Convention shall inform the depositary of the arbitration panel in its State, which shall correspond to the arbitration panel referred to in Article II (1), of the disputes referred to in Article I of this Convention.
Any Contracting State of this Convention may terminate the Convention by informing the depositary thereof. The denunciation shall take effect 12 months after the date on which the depositary received the notification. The withdrawal of a State from the Convention shall not affect cases pending under that Convention on the date on which the denunciation takes effect.
The depositary shall immediately inform all States which have signed and acceded to this Convention of the date of transmission of each instrument of ratification or of each instrument of access to custody, of the date of entry into force of the Convention and of other notifications under this Convention.
The depositary of this Convention shall take appropriate measures to register this Convention in the United Nations Secretariat in accordance with its Charter.
This Convention shall be transmitted to the depositary which shall circulate the duly certified copies of the Convention to the States which have signed and acceded to it.
Written in Moscow on 26 May 1972 in a copy in Russian.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 115 / 1974 Coll., on the Convention on the Settlement of Civil Disputes arising from Economic and Scientific and Technological Cooperation in Arbitration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.11.1974 |
|---|---|
| Effective from | 31.10.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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