Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 116 / 1984 Coll.
Decree of the State Arbitration of the Czechoslovak Socialist Republic on Economic Disputes and Disputes by the Arbitrator
Valid
Effective from 01.01.1985
116
DECLARATION
State Arbitration of the Czechoslovak Socialist Republic
of 23 October 1984
on hearing and deciding economic disputes by an arbitrator
The State Arbitration of the Czechoslovak Socialist Republic pursuant to Article 32 (7) of Act No. 121 / 1962 Coll., on Economic Arbitration, in the full version published under No. 46 / 1983 Coll. (hereinafter referred to as "the Act") and under § 43 (2) of Act No. 133 / 1970 Coll., on the jurisdiction of federal ministries, provides:
Arbitration
An arbitrator may be a citizen of the Czechoslovak Socialist Republic who has the necessary expertise for the decision of a particular economic dispute (1) (hereinafter referred to as "the dispute ') and provides a guarantee with his characteristics that the arbitrator's activities will be carried out in accordance with the social interests; the arbitrator cannot be a state arbitrator.
(1) The Organisation shall elect an arbitrator by written agreement.
(2) An organisation which has received a proposal for a dispute and a decision of a dispute proposed by an arbitrator is required to notify in writing, within 10 days of receipt of the proposal, all other participating organisations of its consent to the proposal for a dispute by the arbitrator and to the person proposed as arbitrator, or to communicate in writing his own proposal to the arbitrator or to the manner in which the dispute is removed.
(3) The dispute may be referred to the arbitrator for consideration and decision only if all the participating organisations have agreed in writing to discuss and decide the dispute between the arbitrator and the arbitrator's person and that the arbitrator has given written consent to the choice (the arbitrator chosen).
(4) By the agreement on the discussion and decision of the dispute chosen by the arbitrator, the participating organisations are bound.
Proceedings before an arbitrator
(1) An organisation requesting a hearing and a decision of a dispute (hereinafter referred to as "applicant") shall, without undue delay, forward or send to the arbitrator-elect a request for a hearing and a decision of a dispute (hereinafter referred to as "request"). The application shall include the name of the organisation which submitted it and the organisation against which the application is directed (the defendant), the name of the subject-matter of the dispute, the facts and the evidence on which it is based, as well as the proposal as to be decided. The request shall also be accompanied by all documents necessary for the proper examination and decision of the dispute. It shall simultaneously send the same copy to all other participating organisations. If the request for consideration and the decision of the dispute is not sufficient, or if the necessary documents are not attached to it, the arbitrator shall invite the applicant to remove the affected defects within a time limit which he shall at the same time advise him that his unfounded non-compliance may be considered as serious grounds for which the arbitrator cannot rule (Paragraph 11 (1), first sentence).
(2) The proceedings shall be initiated on the date on which the request was received by the arbitrator.
(3) The submission of an application to an arbitrator shall have the same legal effects as the submission of an application for economic arbitrary.2)
(4) The respondent shall be required to send the arbitrator in the pre-contractual disputes no later than 5 days and in the other disputes no later than 10 days after receipt of a copy of the request for observations on the application and at the same time a copy of the observations to the applicant. In its observations, it shall give its opinion on the request, indicate the facts and evidence to which it refers, attach the necessary documents and a proposal on how the dispute is to be decided. Unfounded and undeclared non-compliance with those time limits may be considered as serious grounds for which an arbitrator cannot rule (Paragraph 11 (1), first sentence).
(1) Unless otherwise assessed by the organisation concerned with the arbitrator, the arbitrator shall discuss the dispute in a place determined by the arbitrator, which shall normally be the registered office of the defendant and, if more than one, the registered office of any of them. The arbitrator may provide that the dispute is to be discussed in the undertaking, in the establishment or in the site (construction site) to which the dispute relates.
(2) The arbitrator shall notify the participating organisations in writing of the location, date and hour of the dispute.
Where it is necessary to obtain documents from other than the participating organisations, the arbitrator shall, according to the instructions of the arbitrator, provide them with those of the participating organisations which impose it. If none of the participating organisations is able to procure such documents, they shall be requested at the request of the arbitrator by an economic arbitrage body competent to decide the dispute.
If, for the sake of a proper decision, the dispute must be extended to another organisation, the arbitrator may do so only with his written consent. If the other organisation does not agree to extend the dispute to it, the arbitrator shall refer the dispute without undue delay to the competent authority of economic arbitrage.
(1) When discussing and deciding the dispute, the arbitrator shall comply with the laws and principles of the economic policy of the Czechoslovak Socialist Republic. The arbitrator shall not be bound by the proposals of the participating organisations; is obliged to lead organisations to make their local, corporate and sectoral interests subject to the interests of the whole company.
(2) The arbitrator shall discuss the dispute with the representatives of the participating organisations and shall lead them to an agreement consistent with the social interests.
The participating organisations shall cooperate effectively with the arbitrator when discussing and deciding on the dispute and allowing it to operate.
(1) If, during the course of the dispute between the participating organisations, the arbitrator approves this Agreement if it complies with the laws and principles of the economic policy of the Czechoslovak Socialist Republic. The approved agreement shall have the effects of the decision of the dispute.
(2) If the agreement or arbitrator fails to approve the agreement, the dispute shall be decided upon after a precise and complete finding of all facts and an assessment of the evidence relevant to the decision of the dispute.
(1) The arbitrator shall draw up the decision in writing.
(2) The decision shall include the name of the arbitrator, the place and date of the dispute, the name of the participating organisations and the names and functions of their representatives who have taken part in the dispute, the indication of the subject-matter of the dispute, the operative part and the statement of reasons for the dispute, the date of the decision, the designation of the economic arbitrage authority where the file will be lodged and the signature of the arbitrator.
(3) The operative part of the decision shall also indicate which of the participating organisations and which part of it shall be reimbursed.
(a) the travel compensation of the arbitrator necessary for the hearing and decision of the dispute, 3)
(b) the compensation paid by the arbitrator to an organisation in respect of which he is in employment for the period of time of his or her time of employment, provided that the activity of the arbitrator has necessarily intervened in his or her working time and that the discharging organisation has applied for reimbursement (refund) prior to the release of the arbitrator; 4)
(c) other costs where they are necessarily linked to the hearing and decision of the arbitrator (test costs, testimonial costs, etc.).
(4) The arbitrator shall submit the written copy of the approved agreement or decision to the arbitration panel on a certificate or send it to the relevant organisations, as recommended, within 10 days of its publication or, where appropriate, after the hearing. A copy shall be entered in a file which shall be sent to the economic arbitrage authority, which shall be responsible for deciding the dispute, no later than 10 days after the agreement has been approved or after the decision has been surrendered or dispatched to the participating organisations, together with proof of surrender or, where appropriate, dispatch of the decision.
(1) If, for serious reasons, an arbitrator is unable to decide a dispute (e.g. if, after the opening of proceedings, the arbitrator finds that he is not entitled to decide, for reasons of a longer journey of the arbitrator abroad, his longer illness, the absence of a participating organisation without an apology and justification, or to a second designated hearing, the organisation's disagreement to extend the dispute), he shall forward it without undue delay to the competent authority of the economic arbitrage, which he shall at the same time inform the organisations concerned in writing. For those reasons, or in cases where the arbitrator does not proceed in dispute without serious reasons, any of the participating organisations may also request the competent authority of the economic arbitrage to rule the dispute.
(2) The legal effects of submitting an application by the arbitrators remain,
(a) if the dispute is brought before the arbitrator himself, or
(b) if any of the participating organisations referred to in paragraph 1 requests economic arbitrage on the decision of the dispute.
(3) In cases where a dispute brought before an arbitrator by an economic arbitrage authority is decided, it shall also decide on the costs referred to in Paragraph 10 (3).
Enforcement and supervision of the legality of arbitrators' decisions
The application for enforcement shall be submitted by the approved organisation to the economic arbitrage body responsible for deciding the dispute. The same economic arbitrage authority shall be responsible for the execution of the arbitrator's decisions, acting mutatis mutandis in accordance with paragraphs 39 and 40 of the Act.
(1) The head of the economic arbitrage body shall examine the accuracy of the decisions and agreed agreements sent by the arbitrator for deposit. If it finds that the decisions or agreed agreement do not comply with the laws, regulations or principles of economic policy of the Czechoslovak Socialist Republic, it shall initiate their abolition to the competent authority of economic arbitrage. 5)
(2) A proposal to review the decision of the arbitrator may also be made by any of the participating organisations under the conditions laid down in the law. 5)
Common provisions
Where an arbitrator finds, in dispute proceedings, defects in the activities of socialist organisations or, where appropriate, other material defects which have arisen in the dispute proceedings, he shall indicate them either in the decision or notify the economic arbitrage authority in writing, which would have been competent to decide the dispute, which shall inform the competent authorities of the deficiencies identified. 6)
In accordance with the specific rules, arbitration fees shall not be paid by the arbitrator for disputes and disputes; the review procedure of the arbitrator's decision shall be charged as the review procedure of the arbitration decision. 7)
(1) Participating organisations shall, as far as possible, provide the arbitrators with rooms to discuss the dispute, legal assistance, legal, economic and technical literature and documentation, and ensure that the administrative work necessary for the discussion and decision of the dispute is carried out.
(2) When releasing workers in the performance of an arbitrator's duties, providing compensation for the salary of the releasing organisation and its reimbursement by the organisations in whose interest the arbitrator has been released shall be treated in accordance with the generally applicable legislation.4)
(3) Pending the decision of the dispute, the participating organisations are required to pay the advance on the travel compensation of the arbitrator (3) and, where appropriate, the additional costs of the dispute (Paragraph 10 (3) (c)) equally.
(4) Travel expenses of its representatives shall be borne by the participating organisation.3)
The arbitration panel shall have the following provisions:
(a) § 24, § 25 (4), § 28, § 35 (2) and (4), § 36, § 37 (1), § 44a (2), § 47, § 47a and § 50 of the Act mutatis mutandis,
(b) Article 30a and Article 35 (3) of the Act mutatis mutandis.
Final provisions
The Order of the Chief Arbiter of the Czechoslovak Socialist Republic No. 58 / 1963 Coll., which lays down provisional rules for discussing and deciding economic disputes, is hereby repealed.
This Decree shall take effect on 1 January 1985.
Main Arbiter of the Czechoslovak Socialist Republic:
Vanek v. r.
1) Paragraph 32 (1) and the second sentence of paragraph 2 of the Law.
2) Paragraph 32 (3) of the Act.
3) Decree No. 33 / 1984 Coll., on Travel Refunds. Decree of the Federal Ministry of Labour and Social Affairs No 57 / 1979 Coll., on compensation for the use of road motor vehicles on business trips, as amended by Decree No 2 / 1984 Coll.
4) Section 124 of the Labour Code. Article 21 (3) of Decree of the Government of the Czech Republic No. 54 / 1975 Coll., implementing the Labour Code.
5) Paragraph 32 (6) of the Law.
6) Article 45 of the Act.
7) Paragraph 1 of Decree of the Minister of Finance No 78 / 1958 Coll., establishing arbitration fees.
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Regulation Information
| Citation | Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 116 / 1984 Coll., on Dispute Settlement and Deciding of Economic Disputes by the Arbitrator |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.11.1984 |
|---|---|
| Effective from | 01.01.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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