Decree of the Foreign Trade Minister No. 140 / 1965 Coll.
Decree of the Foreign Trade Minister on the new version of the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce
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Effective from 01.01.1966
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140
DECLARATION
Minister for Foreign Trade
of 10 December 1965
on the new version of the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce
The Minister for Foreign Trade, pursuant to § 1 and § 2 (1) of Act No. 119 / 1948 Coll., on the State Organisation of Foreign Trade and International Sailing:
The Foreign Trade Minister approves the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce in Prague (hereinafter referred to as the Order), in a version adopted by the Bureau of the Arbitration Court. The new version of the Order is hereby published in the 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 February 1966.
The Order of the Foreign Trade Minister No. 150 / 1960 Coll., on the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce, and the Order annexed thereto, is hereby repealed. However, that Order shall continue to apply to disputes in which an application to initiate proceedings (application) was lodged before 1 February 1966.
This Decree shall take effect on 1 January 1966.
Minister:
Hamouz v. r.
Annex to Decree No. 140 / 1965 Coll.
Row
Arbitration Court of the Czechoslovak Chamber of Commerce in Prague
I.
Basic provisions
(1) During the Czechoslovak Chamber of Commerce in Prague there is an independent Arbitration Court of the Czechoslovak Chamber of Commerce (the Arbitration Court).
(2) The Arbitration Court is a permanent arbitration tribunal pursuant to Sections 8 and 28 of Act No. 98 / 1963 Coll., on arbitration proceedings in international trade and on the enforcement of arbitration findings called upon to settle disputes under an arbitration agreement between the parties (Sections 2 to 4 of the Act).
II.
Organisation of the Arbitration Court
Composition
(1) The arbitration panel shall consist of the Bureau, the arbitrators and the Permanent Secretary.
(2) The President is the head of the Arbitration Court; The Secretary shall be the Head of the Secretariat.
Bureau
(1) The Bureau of the Arbitration Court (hereinafter referred to as "Bureau") is composed of the President of the Arbitration Court (hereinafter referred to as "President"), six other members and three alternates. The Bureau is elected by the Board of Directors of the Czechoslovak Chamber of Commerce.
(2) The term of office of the Bureau shall be five years from the time of its election. However, the President, the other members and the alternate members of the Bureau shall remain in office after this period until a new election.
(3) For a member who is unable to perform his duties, the chairman shall call on the alternate in the order specified by the Board of Directors in the election. The alternate shall have the same rights and obligations as a member of the Bureau.
The President shall delegate to the Vice-President certain members of the Bureau, as appropriate. In the performance of his duties, the Vice-President shall have all the rights and obligations of the President within the meaning of this Order.
Meetings of the Bureau shall be convened and chaired by the President. It is sufficient for negotiations and resolutions to be valid if at least two other members of the Bureau were present alongside the President.
The Bureau shall act by a majority of the members present. In the event of a tie, it shall be deemed to be an opinion adopted by the President.
(1) The Bureau shall carry out the acts entrusted to it by this Order and any other acts under the jurisdiction of the Arbitration Court which are not attributable to the President, the arbitrators or the Secretary. It is also the duty of the Bureau to supervise the proper conduct of the arbitration procedure and to provide the Administrative Agenda Secretariat.
(2) The members of the Bureau and the alternates may act as Chief Arbitrator. In such a case, they shall be excluded from decision-making by the Bureau under this Order in the dispute in which they exercise the function of Chief Arbitrator.
The President
(1) The President shall represent the Arbitration Court on the outside and perform the acts entrusted to him by this Order.
(2) Until such time as an arbitrator is appointed (no arbitrators are appointed), the President shall be entitled to perform all procedural acts unless entrusted to the Secretary.
Arbitrators
(1) The arbitrators shall be responsible for their own substantive dispute settlement within the jurisdiction of the Arbitration Court, as well as for the other acts entrusted to them by this Order.
(2) In the performance of their duties, the arbitrators shall be independent and shall never have the character of a representative of any Party.
(3) Where there is no further indication from the terms of the relevant provisions, all provisions concerning the arbitrator shall also apply to arbitrators.
(1) The Bureau shall decide on the entry of the arbitrator in the list of arbitrators and its removal from that list.
(2) As arbitrators, 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, in particular in international trade or other professional activities, in conjunction with their personal characteristics guarantee the successful performance of that function may be entered in the list. Czechoslovak citizenship is not a condition for entry in the list of arbitrators.
The Secretary and Secretariat
(1) The Secretary is appointed by the Bureau in agreement with the President of the Czechoslovak Chamber of Commerce.
(2) The Secretary shall arrange for the acts entrusted to him by this Order, service the actions and defence and other preparatory files of the parties, ensure appropriate timescale of the oral proceedings and other acts of arbitration; ensure the proper functioning and conduct of the arbitration procedure, prepare meetings of the Bureau and keep a list of the arbitrators to which it shall register and remove from it the persons designated by the Bureau; It shall finally ensure that all correspondence between the arbitration panel is properly preserved and that the arbitration panel is properly prepared and translation of the arbitration findings and shall publish in an appropriate manner the findings of major importance. The Secretary shall have the right to attend all Bureau meetings with an advisory vote and to be present at all oral meetings before the arbitrator.
(3) Where necessary, the President may delegate another member of staff to the Secretariat in the temporary capacity of the Secretary.
(4) The administrative work of the arbitration panel is provided by the Secretariat.
III.
Management
Actions and observations on the application
(1) The arbitration procedure is initiated by a proposal from the party to initiate the procedure (application). the application shall be lodged in writing.
(2) The application is to contain:
(a) the name, employment and residence of the two Parties, their designation, registered office, business subject, the name of the statutory representative or the person authorised to act as an organisation, and the name of the agent;
(b) an indication of the arbitration agreement or an indication of the arbitration clause on which the jurisdiction of the arbitration panel is based; and
(c) an indication of the facts establishing the claim, indicating the evidence and a specific application.
(3) Written documents relating to the facts referred to in paragraph 2 (b) and (c) are to be attached to the application either in the original or in a copy or in another form of copy. The accuracy of the copies or copies shall be verified by a declaration and signature of the applicant.
(4) The application and annexes are to be made in such copies as to enable the Arbitration Court to deliver a copy to each defendant and to each arbitrator. The required number of copies or other copies shall also be attached to the documents annexed to the original. However, there is no need to attach to the defendant (s) documents known to him or to the parties, such as contracts concluded between the parties, correspondence, etc.
(1) Where the Registrar considers that the dispute may be the subject of an arbitration procedure under this Order, he shall, without delay, deliver to the defendant a copy of the application and the annexes and invite him to submit, within a period not exceeding one month of service, observations to the Arbitration Court on the application with all documents. The Secretary shall be entitled to extend the deadline for the reasoned request accordingly.
(2) If the action is unclear or incomplete, in particular if a particular proposal as to how the case in question is to be dealt with is missing, the Registrar shall request a supplement from the applicant within a period not normally exceeding one month. If the application is completed within that period, the action shall be deemed to have been brought at the time when the original unclear or incomplete action was brought. The Secretary shall be entitled to extend the time limit for a reasoned request accordingly.
(3) Paragraph 12 (3) and (4) on the annexes and the number of copies of the application and its annexes apply mutatis mutandis to the application and to the other submissions of the parties.
Decision on jurisdiction
(1) Except where the jurisdiction of the Arbitration Court has been agreed between the Parties, the Parties to the jurisdiction of the Arbitration Court shall also submit to the arbitration panel if they have entered into proceedings before the Arbitration Court in the matter itself, without calling into question its incompetence. The beginning of the hearing on the substance of the case shall be understood to mean that the applicant brought an action before the Arbitration Court, without making a reservation as to his jurisdiction, and the defendant did not raise an objection of incompetence in his observations on the application, or did not submit observations on the application and, at the oral hearing, began to act on the substance of the case without raising an objection of incompetence.
(2) The provisions of the preceding paragraph do not apply if it is a case on which a valid arbitration agreement cannot be concluded. Such non-jurisdiction shall be taken into account in any period of proceedings without prejudice to the Party.
(1) The jurisdiction of the arbitration panel shall be decided by its Bureau. To that end, the arbitrator, if already appointed, otherwise the Secretary, shall submit a brief report to the arbitrator, in any case where the jurisdiction of the arbitration panel will be decided on in the light of the objection of the party or the doubts of the arbitrator or secretary.
(2) If the Bureau considers that the arbitration panel is not competent, it shall reject the action by order. The order shall also reject the objection of non-jurisdiction if it considers that the arbitration panel is competent. Before a decision is taken, the Bureau may order oral proceedings as appropriate.
(3) The arbitrator shall, before submitting to the Bureau a question of jurisdiction, take any measures which he considers necessary to avert harm to the parties or to preserve the outcome of the proceedings, unless the competent court or other authority is present.
Service and legal power
(1) All service received by the arbitration panel is valid if it was made to the last address indicated by the parties by registered letter or by telex with confirmation of receipt, or if it was submitted in person for confirmation or if it was made via the requested court or authority.
(2) A request for service through a requested foreign court or authority or another request for legal assistance through such a court or authority shall be the responsibility of the President.
Providing evidence and precautionary measures
(1) After the action has been brought but before the appointment of the arbitrator, the President may, in urgent cases at the request of both parties or of one of them, arrange for evidence of the expert opinion and for that purpose appoint one or more experts.
(2) Before and during the arbitration procedure, either Party may request a district court within whose jurisdiction the action must be carried out or another competent authority to authorise an interim measure. However, such a request must be notified by the Party to the arbitration panel.
Appointment of the arbitrator
(1) The Parties may agree that the dispute shall be decided by one or three arbitrators. If there is no agreement on the number, the President shall, as a rule, provide that the dispute shall be decided by one arbitrator, in more serious cases by three arbitrators.
(2) If the agreement is that the dispute is to be decided by a single arbitrator or if the President determines, in accordance with the preceding paragraph, that the dispute is to be decided by one arbitrator, the Secretary shall invite both parties to agree, within a reasonable period of time, if there is no other agreement, on the person of the arbitrator. If no agreement is reached within this period, the arbitrator shall be appointed by the President.
(3) If the agreement is that the dispute is to be decided by three arbitrators, or if the President, pursuant to paragraph 1, determines that the dispute will be decided by three arbitrators, each party, if there is no other convention, shall appoint its arbitrator within a reasonable period, as determined by the Secretary. If, within that period, no arbitrator is appointed by one or both parties, the arbitrator shall be appointed by the President. As soon as the two arbitrators have been appointed, the Secretary shall invite them to agree within a reasonable period on the person of the superior arbitrator. If no agreement is reached within this period, the Chief Arbitrator shall be appointed by the President.
(4) If the arbitrator or the arbitrator is prevented from acting in a more permanent nature, the arbitrator or arbitrator who has agreed on the person of the arbitrator shall be appointed by the arbitrator or arbitrator within a new reasonable period, as determined by the Secretary. In cases where, pursuant to paragraphs 2 and 3, an arbitrator or an arbitrator has been appointed as chairman or if the period referred to in the preceding sentence has expired, the appointment of the Bureau shall be made in vain.
An arbitrator may be appointed (§ 18 (2) to (4)) only a person registered in the schedule of arbitrators.
Refusal of the arbitrator
If a party to an arbitrator refuses, the Bureau shall decide without delay on the grounds of such refusal, after hearing the opinion of the arbitrator and the other party rejected. If the Bureau finds the refusal to be justified, the provisions of Paragraph 18 shall apply mutatis mutandis to the subsequent procedure. The same applies if the arbitrator or the arbitrator himself reports facts that might give rise to his bias or at all that might lead to rejection.
High arbitrator and vote
(1) The arbitration panel shall preside over the proceedings.
(2) In proceedings before three arbitrators, the majority shall decide. The High Arbitrator shall vote as Chairman for the last time.
(3) If more than two opinions are to be expressed or rejected by the arbitrators, the vote cast for the highest amount shall be added to the vote cast for the lowest amount.
Attempted reconciliation
The arbitrator shall be entitled at any stage to invite the parties to conclude the conciliation and to make proposals, recommendations and initiatives which he considers may contribute to the implementation of the conciliation.
Oral proceedings
(1) The arbitrator shall notify the Secretary of the time of oral proceedings and call the parties. If one or two parties do not appear, even if they have been duly summoned and do not give an apology for the reasons the arbitrator considers sufficient, the arbitrator may, without prejudice to Paragraph 27 (1), also act in the absence of the parties; taking also into account any written claims made by the Party which did not appear.
(2) The oral procedure is public. However, both the Bureau and the arbitrators may exclude the public by way of a resolution on a proposal from one of the parties or if the public consultation would be against the general interest.
(3) A Protocol shall be drawn up on oral proceedings before both the Bureau and the arbitrator.
(4) The Parties may act before the Bureau and the arbitrator in person or by an agent who shall be declared in full authority. A foreign national may also be appointed as a proxy.
(5) The arbitrator shall act on the basis of the results of the oral hearing. However, the Convention of the Parties is admissible according to which the arbitration panel shall be entrusted on the basis of the written evidence submitted. However, in an exceptional case, the arbitrator shall have the right to order oral proceedings if the material submitted proves insufficient.
Place of arbitration
The arbitration is held in Prague. However, the Bureau may, on a joint proposal from the Parties after hearing the arbitrators, decide that the proceedings are to be translated into another place or abroad.
Language of the case
The speaking language is Czech or Slovak. However, no party may suffer harm to the ignorance of these languages.
Return in previous situation
If, pending the publication of the arbitration finding and pending its establishment, a party has not, without its fault, taken part in the proceedings in whole or in part or without its fault, carried out any action necessary to defend its law, the arbitrator shall, if he goes before it, in other cases the Bureau, take appropriate measures to enable the party to carry out what it has missed subsequently.
Order of driving
(1) At the consent of the parties, the arbitration procedure will be left in peace. The arbitration panel may also stay calm if both parties do not appear for oral proceedings, although they have been duly summoned.
(2) No oral proceedings shall be held for a quiet procedure. The procedural period shall be suspended.
(3) The procedure may be continued on a proposal from one party after three months. If the application has not been lodged within one year, the proceedings shall be terminated permanently.
Duration of arbitration
The arbitration procedure is to be carried out in such a way that, as a rule, it is concluded before the expiry of six months.
Arbitration finding
(1) The arbitration panel shall be delivered orally to the Parties in writing. However, the procedure may be terminated if the finding is given in writing without oral publication. The finding shall include the names of the parties, the names of the arbitrators, the decisions on claims and costs raised and shall be sufficiently substantiated.
(2) An arbitration finding which has been orally declared or an arbitration finding which has been issued in writing and delivered to the Party cannot be altered. The arbitrator shall correct the errors in writing or in numbers and other obvious errors that would arise in the arbitration finding at any time at the request of either Party. Such repair must be ordered, signed and delivered as an arbitration finding.
(3) The arbitration panel shall sign the arbitrator, in proceedings before three arbitrators at least two arbitrators, co-signed by the President and the Secretary. If the President of the arbitration panel finds, when signing the arbitration finding, that the finding shows formal defects, he shall arrange for them to be removed.
(4) The arbitration finding is final. The Parties shall comply with the obligations imposed in the arbitration finding within the time limits set out therein.
Bureau decisions
(1) The decisions of the Bureau, issued after oral proceedings, are subject to Paragraph 29 (1). The resolutions referred to in Article 15 (2) must always be justified; other decisions may be justified.
(2) The decision of the Bureau shall be signed by the President or, if he has not chaired the hearing, by a member of the Bureau who, under the authority of the President (paragraphs 4 and 5), has managed the proceedings.
Issues of international reach and detection of foreign law
On matters of international scope, in particular concerning foreign law and its application, the arbitrator may request the opinion of the Bureau, which is not bound in any way by it.
General provisions on arbitration
(1) In addition to the parties (the applicant and the defendant), a party having a legal interest in its outcome may take part in the proceedings. Other persons may not take part in the proceedings.
(2) The intervener shall act for himself in the proceedings. Its acts shall be considered as acts of the Party to which it acceded if they do not contradict those of the Party; However, the facts of the intervener may be taken into account by the arbitrator even if they contradict the facts of the party.
(1) The Bureau shall carry out, by appropriate means, all investigations and carry out all the evidence necessary to clarify the facts of the dispute when deciding pursuant to this Regulation and the arbitrator in the proceedings on the substance of the matter. They may question witnesses or experts, including on matters of law, which are in force abroad. Where a matter is discussed in front of three arbitrators, they may order one arbitrator to carry out certain evidence. The Bureau shall also proceed accordingly.
(2) The Bureau and the arbitrators shall ensure that the proceedings are carried out in such a way as to justify and formulate the decision or finding so that it can be recognised and enforced.
Unless The Order otherwise applies, and unless the parties have otherwise agreed, to the application of the provisions of Act No. 98 / 1963 Coll., to arbitration in international trade and to the enforcement of arbitration findings.
Costs of arbitration
(1) As a general rule, the party who succumbed shall replace the successful party with the costs of the proceedings in the proportion in which it succumbed. Costs incurred by a party, in particular unjustifiably delayed by facts, may be imposed on it without account being taken of the outcome of the dispute. However, taking into account the specific circumstances of the case, the arbitrator may decide on the costs in the light of the outcome of the dispute.
(2) The costs incurred by the Arbitration Court shall be borne by the Party which has been assigned to pay the costs against the opposition.
(3) The amount of the costs is determined according to the tariff (§ 38). They shall also include the fees of the Bureau and the arbitrators indicated in the tariff, the fees of experts and interpreters under the applicable rules and other issues linked to the arbitration procedure.
(4) As a general rule, the parties are not to be compensated for expenses associated with their participation or the participation of their advisors or agents in arbitration proceedings or the remuneration of their advisers or agents (Section 23 (4)). In exceptional cases, the Bureau or arbitrator may, taking into account the circumstances of the case, grant to the parties compensation for such expenses.
(5) If the proceedings end in a manner other than an arbitration finding on the substance of the matter (but not a decision pursuant to Paragraph 15), the arbitration panel shall decide on the costs. If the arbitrator has not been established, the President shall decide on the costs by way of order. Paragraphs 1 to 4 shall apply mutatis mutandis.
(6) If the applicant has withdrawn the action (application to initiate the arbitration procedure) and no agreement has been reached between the parties, the costs of the dispute shall be borne by the applicant unless it is apparent from the files that the reasons for the action were on the defendant's side. In this latter case, the defendant shall bear the costs of the dispute. Similarly, where the proceedings have been left at rest and have been terminated in accordance with the second sentence of Paragraph 27 (3).
(7) If the Bureau rejects an action for non-competence (Paragraph 15), it will also decide on the costs of the proceedings.
Security for costs
The Bureau may, at any time during the arbitration procedure, impose, on its own initiative or on a proposal from the Party, at the discretion of one or both parties, security or cash at the disposal of the Bureau to cover the foreseeable costs. If the security or cash has not been lodged, the Bureau may, looking at the particular circumstances of the case, suspend proceedings.
Penalties against a party that has failed to comply with the arbitration finding
The Bureau may, on the proposal and at the expense of the party for whose benefit the arbitration award has been issued, make the name of the party refusing to comply with the arbitration award public in an appropriate manner, or it clearly avoids performance.
Taxes and fees
Part of this Order is the tariff of fees and rewards.
IV.
Facultative conciliation
(1) The arbitration panel may, on application under its jurisdiction (Paragraph 1), carry out voluntary conciliation proceedings on the claim raised, irrespective of whether an arbitration agreement has been concluded in the present case.
(2) The conciliation procedure shall only be carried out if the other Party agrees. The proceedings shall be held before a Conciliation Committee composed of a Secretary, who shall preside over and two members, each of whom shall be appointed by each of the Parties. The parties shall make their views known at the hearing convened by the Secretary for the implementation of the conciliation procedure. The outcome of the negotiations is to be a proposal of reconciliation which may be accepted or rejected by the parties.
(3) The proposal for reconciliation recommended by the Conciliation Committee to the parties following the conciliation procedure cannot be prejudicial to the parties in any further dispute. Nor can the parties be harmed by anything they have presented during the conciliation procedure.
(4) The conciliation fee will be paid in advance by the parties. The amount of the fees is determined by the tariff.
V.
Rules of procedure
The Bureau shall draw up special rules of procedure for the implementation of the provisions of this Rules governing the internal procedure of the arbitration panel.
Taxes and fees
pursuant to Section 38 of the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce in Prague
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Regulation Information
| Citation | Decree of the Foreign Trade Minister No. 140 / 1965 Coll., on the new version of the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.1965 |
|---|---|
| Effective from | 01.01.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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