Decree No. 14 / 1988 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 01.03.1988
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14
DECLARATION
Federal Ministry of Foreign Trade
of 15 January 1988
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 since 1 March 1988.
Decree No. 104 / 1981 Coll., declaring the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce and Industry, is hereby repealed. However, the order set out in the Annex shall continue to apply to disputes in which the application to initiate proceedings was lodged before 1 March 1988.
This Decree shall take effect on 1 March 1988.
Minister:
Ing. Graft v. r.
Annex to Decree No 14 / 1988 Coll.
Row
Arbitration Court of the Czechoslovak Chamber of Commerce and Industry
BASIC PROVISIONS
Basis of action
(1) The arbitration panel of the Czechoslovak Chamber of Commerce and Industry (hereinafter referred to as 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 exercise 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 an international agreement (§ 35 of Act No. 98 / 1963 Coll.),
(b) from a valid arbitration agreement concluded between the parties (§ 2-4 of Act No. 98 / 1963 Coll.),
(c) written speeches by the parties in the arbitration procedure initiated, showing the undoubted will to submit to the jurisdiction of the arbitration panel.
(3) The lack of jurisdiction (jurisdiction) of the arbitration panel cannot be criticised by a party which has brought the matter before the hearing without objecting to the lack of jurisdiction (jurisdiction). The later application of the objection shall be taken into account only if it is a case which, by its nature, cannot be dealt with in arbitration proceedings.
(4) The trial before the Arbitration Court is one-stop.
ORGANISATION OF THE DECISIONS
Composition of the arbitration panel
The arbitration panel shall consist of the Bureau of the arbitration panel (hereinafter referred to as "the Bureau '), the arbitrators, the secretary and his permanent representative.
Bureau of the Arbitration Court
(1) The Arbitration Court is headed by a nine-member Bureau elected by the Board of the Czechoslovak Chamber of Commerce and Industry for a period of 3 years. 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) The members of the Bureau may exercise the functions of arbitrator or chair of the Board of Arbitration, unless they take part in the Bureau's decisions in the same case under paragraphs 24 and 25 of the Order.
(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.
(6) Members of the Bureau shall be obliged to remain silent on the facts which they have learned in connection with the duties of a member of the Bureau.
Arbitrators
(1) Disputes shall be decided by the arbitrators. 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 an arbitration panel composed of three arbitrators or, if the Parties so agree, by a single arbitrator. The establishment of an Arbitration Chamber or the appointment of a single Arbitrator shall be carried out in accordance with this Order (§ 23).
(3) Arbitrators shall be required to maintain confidentiality regarding the facts learned in connection with the performance of the function of arbitrator.
(4) 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. Czechoslovak citizenship is not a condition for entry in the list of arbitrators.
(2) The Bureau shall decide on the listing of arbitrators and the removal of arbitrators from that list. In deciding on the entry of foreign nationals in the list of arbitrators, reciprocity shall be taken into account.
(3) The Charter of Arbitrators shall be maintained by the Secretary of the Arbitration Court.
(4) 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 guarantee the successful performance of that function may be entered 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 timing 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 the legal power of the decision and, with the agreement of the Bureau of the Arbitration Court, 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.
PROCEDURE
1. General provisions
Seat of the Arbitration Court and place of oral proceedings
(1) Prague is the seat of the Arbitration Court.
(2) Prague is the regular venue for oral meetings. Oral proceedings may be held at the initiative of the Arbitration Board or by agreement of the Parties in Bratislava or in another place in the CSSR or abroad.
(3) The arbitration panel shall inform the Bureau of the conduct of oral proceedings abroad. If oral proceedings are to be held abroad at the initiative of the Arbitration Chamber, the Parties' agreement shall be required.
Submission of documents
(1) All documents relating to the initiation and conduct of the arbitration procedure must be submitted in such a number that each Party and all members of the Arbitration Chamber have one copy and the Secretariat.
(2) Documents, with the exception 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 by the Registrar to the parties at the address indicated by the Party or to the elected legal representative.
(2) Actions, defence, summons, arbitral 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, telex or telefax.
(4) Any of the documents referred to above may also be served in person on confirmation.
(5) All service of the Arbitration Court shall be valid if it has been made pursuant to paragraphs 1-4, even if the addressee has refused to take over the document or has failed to pick up the document via the post office notification. However, it is sufficient if it has been delivered under the procedural law of the State of delivery.
(6) If, following the initiation 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 and 3 to its last known address.
(7) If it has not been possible to deliver to the last known address of the party who has not elected either a lawyer or an agent for receipt of documents, the President of the arbitration panel may appoint a guardian for receipt of documents.
(8) The request for service through a requested foreign court or authority or any other request for legal assistance through such a court or authority shall fall within the competence of the President of the arbitration panel.
Suspension of proceedings
The dispute may be suspended for a period of time at the request of the Party or at the initiative of the Arbitration Board for a serious reason. 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. If, within one month of the expiry of the period for which the proceedings have been suspended, it has not been extended at the initiative of the Parties or the Arbitration Chamber, the proceedings shall continue.
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 panel shall act and, if it has not yet been established, the President of the arbitration panel may take reasonable measures to propose that party to carry out further what it has missed.
Providing evidence and precautionary measures
(1) After an action has been brought but before the establishment of the Arbitration Chamber, the President of the Arbitration Court may, in urgent cases at the request of both parties or of one of them, provide for evidence and may, for that purpose, designate one or more experts or take other appropriate measures.
(2) Before or during the arbitration procedure, either Party may request the competent authority to issue 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 participate in the proceedings who have a legal interest in its outcome. Other persons may not be parties to the proceedings.
(2) In the proceedings, the intervener shall have the same rights and obligations as the party. But he's acting for himself. If its acts contradict the acts of the Party to which it has acceded, the court shall examine them at the discretion of all circumstances. However, the facts of the intervener may be taken into account by the arbitrators 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 this Order 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 this Order of Procedure before an 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 that Order.
2. Initiation
Submission of an action
(1) Arbitration proceedings are initiated by bringing an action before the Arbitration Court. The conditions for hearing an action shall be the payment of the arbitration fee.
(2) Unless otherwise provided for in the international agreement binding on the CSSR, 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 must 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 should 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 must 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 is determined in particular by:
(a) the amount recovered in claims for cash;
(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 set out in Paragraph 19 have not been taken into account, he shall invite the applicant to remedy the deficiencies found, and, as regards the requirements set out in paragraph 19 (1), the time limit for the removal of the defect may not be more than 2 months from the date on which the latter's call was received. If these defects are removed within the prescribed time limit, the date referred to in Article 18 (2) shall apply for the date on which the action is brought. 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 this Order, he shall inform the defendant 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 pursuant to 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 instrument of the Arbitrators.
(2) If the Parties do not appoint an arbitrator within the prescribed period, or if the arbitrators do not elect the Chairman of the Arbitration Board within 14 days of the date of notification of the appointment of the Arbitration Board, 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) Until such time as the Arbitration Board (single arbitrator) is 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 is entitled to refuse the arbitrator, the Chairman of the Board of Arbitration or a single arbitrator if it considers that they are prejudiced, in particular if it is possible to assume 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 refusal of the arbitrator. If there is no agreement between them or if the opposition is directed against two arbitrators, the Bureau shall decide on the refusal, which shall also decide on the rejection of a single arbitrator.
(3) If a refusal is granted, a new arbitrator, unless replaced by a replacement arbitrator, shall be elected or appointed under this Order.
(4) The same procedure shall apply where the arbitrator, the Chairman of the Arbitration Board, the sole arbitrator or the new arbitrator are unable to attend the hearing.
(5) If necessary, the Arbitration Board may, taking into account the proposals of the Parties, renegotiate the issues already discussed in previous negotiations on the matter pending such a change.
(6) 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, the arbitrators, if they have already been established, otherwise the Secretary, shall submit to him a brief report, in any case when a decision on jurisdiction (jurisdiction) is taken. 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 Board of Arbitration, before submitting to the Bureau a question of competence (jurisdiction), shall 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 situation 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 and shall set reasonable time limits.
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 of the parties has a period of at least 30 days to prepare the hearing and to proceed to oral proceedings.
(2) With the agreement of the Parties, this period may be shorter.
4. Dispute hearing
Oral proceedings
(1) The dispute shall be heard in private session. With the agreement of the Arbitration Board and of the Parties, persons not party to the proceedings may be present.
(2) The Parties shall participate in oral proceedings, directly or through their duly authorised representatives, 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 should 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) The application for amendment of the oral hearing 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 without oral proceedings on the basis of documents only. However, the Arbitration Board may order oral proceedings if the documents submitted prove insufficient for the decision on the substance of the case.
Actions against each other (counter-action)
(1) The defendant is entitled to bring an action against him before the end of the oral hearing on the basic application. However, if the defendant causes delays in the arbitration proceedings by unjustifiably late submission of the counterclaim, he may be ordered to pay an increase in the costs incurred by the arbitration panel and the reimbursement of the increased costs incurred by the other party.
(2) The same requirements apply mutatis mutandis to counteractions as the main ones (§ 19).
Attempted reconciliation
The arbitration panel shall be entitled, as appropriate, to invite at any stage of the case the parties to conclude the conciliation and to make proposals, recommendations and initiatives which it considers may contribute to its implementation.
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Regulation Information
| Citation | Decree No. 14 / 1988 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 | 26.02.1988 |
|---|---|
| Effective from | 01.03.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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