Government Decree No. 139 / 1950 Coll.
Regulation on the establishment and management of Regional Arbitration Commissions, Organisation and Jurisdiction of Arbitration Commissions
Valid
Effective from 01.10.1950
139.
Government Regulation
of 17 October 1950
on the establishment of regional arbitration committees, on the organisation and competence of arbitration committees and on the proceedings before them.
The Government of the Czechoslovak Republic orders pursuant to § 13 (3), § 15 (3), § 16 (2) and § 31 (1) of Act No. 99 / 1950 Coll., on Economic Contracts and State Arbitration ("the Act '):
Establishment and composition of regional arbitration commissions.
(1) The Regional Arbitration Commission is set up for each Regional National Committee.
(2) The Regional Arbitration Commission consists of the President and a reasonable number of members. The President shall direct the work of the Commission and shall be responsible for the proper functioning of its work as Minister of Interior.
(3) The President of the Regional Arbitration Commission shall appoint and dismiss the Minister of the Interior in agreement with the Minister-President of the State Office planning on a proposal from the relevant Regional National Committee. The other members of the Commission shall be appointed by the Minister for the Interior, who shall always request a proposal from the relevant Regional National Committee.
(4) The Presidents of the Chambers of the Regional Arbitration Commission shall be appointed by the Chairman of the Regional National Committee on a proposal from its President.
Organisational provisions.
Appointment of members of arbitration committees.
(1) Only a Czechoslovak citizen may be appointed as chairman or member of an arbitration commission (hereinafter referred to as "the commission"), who complies with the conditions for inclusion in the permanent electoral list, is committed to the popular democratic establishment and has both political and expertise, particularly in the field of economic planning.
(2) The members of the Commission should be appointed in particular from among workers; Care should also be taken to ensure that a reasonable number of members of the Commission have legal knowledge.
Rewards and refunds.
(1) The members of the Commission shall be remunerated for meetings under conditions and at an amount to be determined by the Government.
(2) The provisions of Act No. 234 / 1949 Coll., on Reimbursement of Travel, Moving and Other Expenditure apply.
(3) The witness is entitled to reimbursement of the necessary expenses and wages lost (salary).
(4) The expert shall be responsible for the remuneration and reimbursement of the final expenses in accordance with the regulations on the remuneration and reimbursement of the final expenses of permanent experts and interpreters.
Jurisdiction of commissions.
Regional Commission.
(1) The Regional Commission is responsible:
(a) disputes whose object is affected by the task planned in the local economy section;
(b) for disputes whose object is not affected by the task planned by the Ministry and where the value of the object of the dispute does not exceed CZK 500,000, if at least one of the parties is the district or local national committee or the national committee is equal to their established, communal undertaking or folk cooperative and if the central office or military administration is not a party;
(c) for disputes whose object is not affected by the task planned by the Ministry, where the parties are exclusively the district or local national committee or the national committee to them equal to the established, municipal undertaking or folk cooperative.
(2) For the disputes referred to in point (a) of paragraph 1, the Regional Commission established by the Regional National Committee, which has planned the task to which the object of the dispute relates, shall be responsible locally for the other disputes of the Regional Commission established by the Regional National Committee, on whose territory the party against which the arbitration proceedings are to be opened is located.
Resorts committee.
The Commission shall be responsible if the Regional Commission is not:
(a) disputes whose subject matter is affected by the task planned for both parties by the Ministry in which the commission is established;
(b) for other disputes in which both parties are organised to the Ministry in which the commission is established.
Central Commission.
The Central Commission shall be responsible for disputes for which the competent Commission is not responsible or regional; in particular it shall be responsible:
(a) disputes whose subject matter is affected by the task planned for each party by another ministry;
(b) for other disputes in which both parties are organised under different ministries.
Conviction.
(1) The Central Commission and the Council may refer the dispute to the Regional Commission, which is bound by the resolution, for reasons of appropriateness.
(2) A dispute, the subject matter of which is primarily within the competence of a Ministry, may be referred by the Central Commission and the Commission responsible for the Commission set up by that Ministry.
(3) The local competent Regional Commission may, with the agreement of the Parties, refer the dispute to another Regional Commission, which is bound by the resolution.
Slovak Commission and Regional Commission.
Paragraph 5 to 7 applies mutatis mutandis to the competence of the Slovak Commission and the Regional Commission, if both parties have their seat in Slovakia; otherwise the Central Commission or the Commission responsible, unless the parties are evaluated in writing on the competence of the Slovak Commission or Regional Commission.
Organisational subordination.
Where, under this Regulation, it is decisive to which ministries of the disputed parties are subject organically, this shall mean:
(a) in the case of state and national undertakings, public limited liability companies established for the operation of foreign trade and international consignors, the Department of Agriculture Management, the registered limited liability community, and the Grand Trade Company, the registered limited-liability community, the Ministry which, under the relevant regulations, exercises and oversees the management of the State;
(b) the Ministry of the Interior at the national committees and municipal undertakings;
(c) in other cases, it shall be the Ministry in whose field the activities of the Party are carried out.
Arbitration proceedings.
Initiation.
(1) Arbitration proceedings shall be initiated as soon as the arbitration request has been received by the Commission and if the arbitration procedure is initiated by official authority, as soon as the commission has carried out the first act.
(2) Where arbitration proceedings are initiated on an official basis, the panel shall determine the parties and their position in the dispute. The parties thus designated shall be obliged to participate in the dispute.
Negotiations without parties present.
Where a case is mature for a decision already on the basis of an arbitration request and the party against which the arbitration request is directed, after the outcome of the investigation, the parties to the hearing may be informed that their presence at the hearing is not necessary.
Composition of the Senate.
The Commission shall, as a general rule, decide in three-member chambers; If the dispute is of a fundamental nature or otherwise of particular importance, the President of the Commission may order it to a decision of a Chamber composed of up to five members.
Decision-making by one member of the committee.
The President or a member of the Commission designated by him may decide disputes, including disputes relating to pre-contractual matters, provided that the value of their subject matter does not exceed 1 million CZK.
Decision.
The decision of the dispute shall, within the limits of the rule of law, satisfy the general interest, in particular the needs of economic planning, and shall contribute to the strengthening of planning and contractual discipline and budget management.
Arbitration peace.
If the nature of the case so permits, the parties may terminate the arbitration procedure and the conciliation with the approval of the Commission (arbitration settlement). The arbitration settlement has legal effects of the arbitration finding.
Approval of certain acts of the parties.
If, by withdrawing the arbitration request, accepting or giving up the claim, or by reconciliation concluded by the parties (Paragraph 15), a law or general interest has been infringed, in particular the needs of the Single Economic Plan, the Commission will not admit to such speeches effectiveness or approve the reconciliation and continue the proceedings.
Arbitration find.
The arbitration finding is intended to exhaust the entire subject matter of the proceedings and to define precisely the obligations it imposes. Where appropriate, the arbitration panel may decide separately on part of the subject matter of the proceedings.
Fixing the arbitration finding.
Errors in writing and figures as well as other obvious errors in or in the arbitration finding may be corrected by the President of the Chamber at any time without oral action.
Time to complete the arbitration finding.
The time limit for the fulfilment of the obligation imposed by the arbitration finding shall be calculated if the finding has been declared in the presence of both parties, from the date of its publication, otherwise from the date of its delivery to the party imposing the transaction.
Making a decision.
The Parties shall implement the decisions of the Commission within the time limit set and notify the Commission thereof. If the decision has not been implemented within that period, the commission shall notify the Ministry to which the party is late.
The Attorney General's proposal.
The Prosecutor-General shall make a motion to revoke the Commission's decision in writing to the Commission's decision; The committee shall submit a proposal with the files and its observations to the relevant Minister or Chairman of the Regional National Committee for a decision.
Procedure after the annulment of the decision.
In its decision of revocation, the Minister or Chairman of the Regional National Committee shall state the reasons from which the Commission's decision shall be withdrawn, in particular where the decision is in breach of the law or where its contradiction lies with the general interest. The Commission, whose decision has been revoked, shall be bound by the opinion expressed in the annulment decision when renegotiating.
Final provisions.
The Ministry referred to in this Regulation shall be the Central Office headed by a member of the Government.
This Regulation shall enter into force on 1 October 1950; All members of the government will do it.
Zaporocký v. r.
Fierlinger v. r.,
or Deputy Prime Minister and Minister for Foreign Affairs of the Široký Region
Dr. Ševčík v. r.
Maj-Gen Svoboda v. r.
Dr Dolansky v. r.
Dr Cap v. r.
Dr Gregor v. r.
Nosek v. r.
Caprine v. r.
Cable v. r.
Dr. Unedible v. r.
Dr Rais v. r.
Kopecký v. r.
Kliment v. r.
Děuriš v. r.
Krajčir v. r.
Petr v. r.
Dr. Ing.
Dr Neuman v. r.
Erban v. r.
Plojhar v. r.
Ing. Jankovcová v. r.
Dr. Šrobár v. r.
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Regulation Information
| Citation | Government Decree No. 139 / 1950 Coll., on the establishment of Regional Arbitration Commissions, on the Organisation and Jurisdiction of Arbitration Commissions and on the Procedure before them |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.10.1950 |
|---|---|
| Effective from | 01.10.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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