Decree of the Foreign Trade Minister No. 150 / 1960 Coll.
Decree on the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce
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Effective from 20.10.1960
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150
DECLARATION
Minister for Foreign Trade
of 23 August 1960
on 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:
(1) The Foreign Trade Minister approves the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce, in which the Arbitration Court decided on 20 May 1960 (Paragraph 25 of Decree of the Foreign Trade Minister No. 103 / 1960 Coll., on the jurisdiction of the Czechoslovak Chamber of Commerce and its organisation). The approved Order shall be published in an annex to this Order.
(2) The approved Order replaces the Order and the Statute of the Arbitration Court of the Czechoslovak Chamber of Commerce, which were approved by the Foreign Trade Minister's measure of 13 June 1953 and published at 82 Úl, 1953.
(1) The Order of the Arbitration Court of the Czechoslovak Chamber of Commerce referred to in Article I shall take effect from 1 October 1960. It shall apply to any dispute in which the action has been brought since 1 January 1961.
(2) The President and members of the Arbitration Court of the Czechoslovak Chamber of Commerce remain in office until the election of the new President and new members of the Bureau of the Arbitration Court.
This decree shall take effect from the date of its publication.
Minister:
Krajčir v. r.
Annex to Decree No 150 / 1960 Coll.
ROAD OF THE DECISIONS COURT OF JUSTICE OF THE CZECH COMMERCIAL COMMISSION IN PRE
I
Basic provisions on the Arbitration Court
(1) During the Czechoslovak Chamber of Commerce in Prague, the independent Arbitration Court of the Czechoslovak Chamber of Commerce (hereinafter referred to as the Arbitration Court) operates pursuant to § 25 of the Order of the Foreign Trade Minister of 29 June 1960 No. 103 Coll., on the jurisdiction of the Czechoslovak Chamber of Commerce and its organisation.
(2) The jurisdiction of the Arbitration Court applies to the settlement of disputes arising from trade between Czechoslovak legal persons, on the one hand, and foreign persons, undertakings, institutes and organisations, on the other hand, and, where this is not excluded under the applicable rules, also between Czechoslovak legal persons and, finally, to the settlement of disputes between foreign legal entities, on the other hand, in all cases under a written agreement on arbitrators or arbitration clauses.
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") and six other members and three alternates. The Chairman and members are elected by the Board of the Czechoslovak Chamber of Commerce.
(2) The term of office of the President and members of the Bureau shall be five years from the time of election. However, both the President and the members shall remain in office after this period until a new election.
(1) At the same time as the President and the members of the Bureau are elected, the Board of Directors of the Czechoslovak Chamber of Commerce will elect alternates. Paragraph 3 shall apply mutatis mutandis to the choice of alternates and their term of office.
(2) A member who has passed out shall be called by the chairman of 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 may delegate the office of Deputy to a member of the Bureau as appropriate. The Deputy Director shall be responsible for all 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 vote. In the event of a tie, it shall be deemed to be an opinion adopted by the President.
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.
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, in conjunction with their personal characteristics, guarantee the successful performance of that function may be entered in the list, in particular in international trade, or other professional activities. 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, at last, ensure proper archiving of all correspondence between the arbitration panel and the proper preparation and translation of arbitration findings, and 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. The costs are borne by the Czechoslovak Chamber of Commerce.
III
Management
Actions and defence
(1) Arbitration proceedings shall be initiated only at the request of the party (s). The application (application for enforcement) shall be lodged with the arbitration panel in writing.
(2) The application is to contain:
(a) the name, subject matter of business or employment, registered office or residence of both Parties, and, where appropriate, the name of their legal representative or agent;
(b) an indication of the agreement on the arbitrator 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 the copy or in another form of copy. The accuracy of copies or copies shall be verified by a declaration signed by 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.
(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 of the annexes and invite him to submit, within a specified period, not exceeding one month of service, a defence to the Arbitration Court 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 definitive application is missing, the Registrar shall request the party complained against to be completed 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 deadline for the reasoned request accordingly.
(3) Paragraph 13 (3) and (4) on the annexes and the number of copies of the application and their annexes shall apply mutatis mutandis to the defence and to the other submissions of the parties.
Decision on jurisdiction
(1) If the application is not accompanied by a proper agreement for an arbitrator or arbitration clause, or if such a contract or clause is unclear or incomplete, the Secretary of the two Parties shall ask whether they are willing to submit, within a reasonable period of time, such a contract or clause establishing the jurisdiction of the arbitration panel or whether they are willing to submit, or whether they are willing to submit, to the consent of the arbitration panel. Such a statement may also become a protocol.
(2) If there is no willingness, within the time limit, to submit to the jurisdiction of the arbitration panel and it has not been confirmed that such a contract or clause has been concluded, the Registrar shall refer the matter to the Bureau which shall dismiss the action for failure to act.
(3) If a contract has been concluded between the Parties for an arbitrator or arbitration clause, or if the Parties have declared to the Protocol that they are subject to the jurisdiction of the Arbitration Court, the Parties are required to submit to the arbitration procedure. If the party does not submit a response to the request pursuant to Article 14 (1) within the time limit laid down therein and leaves the call completely unnoticed, the arbitration procedure shall take place without account of the failure to reply.
(1) Where an objection has been raised to the independence of the arbitration panel, the Bureau to which the case must be referred shall decide on the matter. Before a decision is taken, the Bureau may order oral proceedings as appropriate. The objection of non-jurisdiction may be raised at the latest by the end of the oral hearing before the arbitrator in which the matter was brought up.
(2) The arbitration panel shall also examine at each stage of the proceedings whether the jurisdiction of the arbitration panel is conferred on it, provided that jurisdiction has not already been decided by the Bureau within the meaning of paragraph 1. 1. However, if the arbitrator has doubts about jurisdiction, he shall refer the question to the Bureau for a decision.
(3) The arbitrator shall take the necessary measures to avert damage to the parties or to preserve the outcome of the proceedings, before submitting to the Bureau a question of jurisdiction.
Service and legal assistance
(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 telegram confirming 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, at the request of both parties or of one of them, appoint one or more experts to carry out the evidence.
(2) Before and during the arbitration procedure, either Party may apply to the General Court or other competent authority for authorisation of 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) Where the agreement is that the dispute is to be decided by a single arbitrator or where the President has determined, 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 has determined, pursuant to paragraph 1, that the dispute is to be decided by three arbitrators, then each party, if there is no other convention, shall appoint its arbitrator within a reasonable time limit set 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 (§ 19 (2) to (4)) only a person registered in the schedule of arbitrators.
Refusal of the arbitrator
If a Party refuses an arbitrator, it shall decide without delay on the grounds of such refusal after having heard the opinion of the arbitrator and the other Party rejected by the Bureau. Paragraph 19 shall apply mutatis mutandis if the Bureau finds a refusal to be justified. The same applies if the arbitrator or the arbitrator himself reports facts that could give rise to his bias or at all 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 both 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.
Return in previous situation
If the conditions laid down in the Czechoslovak Civil Code for Recovery in the previous State are given, the Party shall decide on the party's application for an arbitrator's authorisation if it has already begun to act. Otherwise, the Bureau shall decide on such requests.
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.
Acceleration of arbitration
The arbitration procedure shall be carried out with the necessary acceleration so as to normally end within six months.
Arbitration and decision of the Bureau
(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, even 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) The decisions of the Bureau, issued after oral proceedings, are subject to paragraph 1. The decisions referred to in paragraphs 15 and 16 must always be justified; the other decisions may be justified.
(3) The arbitration panel shall be signed by the arbitrator, co-signed by the President and the Secretary. The decision of the Bureau shall be signed by the President or, if he has not presided over the deliberations, by the member of the Bureau who presided over it, by the Secretary. If the President finds, when signing the arbitration finding, that the finding shows formal defects, he shall arrange for them to be removed.
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) 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.
(3) Where the Parties have not made other agreements on arbitration and where the proceedings are not governed by this Order, the Bureau, the arbitrator and the Secretary in arbitration shall apply mutatis mutandis the provisions of the Czechoslovak Civil Code.
Costs of arbitration
(1) The costs are normally borne by the party which succumbed to the other party, in principle 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 (§ 35). They shall also include the fees of the Bureau and the arbitrators indicated in the tariff, the fees of experts and interpreters in accordance with the applicable rules and other issues associated with the arbitration procedure.
(4) As a general rule, the parties are not to be compensated for the expenses associated with their participation or the participation of their advisers or agents in arbitration proceedings or the remuneration required by their advisers or agents (Section 24 (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 16), they shall adjust the costs of the arbitrator. If the arbitrator has not been appointed, the arbitrator shall amend it by a resolution. Paragraphs 1 to 4 shall apply mutatis mutandis.
(6) If the Bureau rejects an action for non-competence (Paragraph 16), 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 compliance.
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 fee 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.
TARIF fees and fees
pursuant to § 35 of the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce in Prague
A
Fees
I. Fees for arbitration
| Hodnota předmětu sporu v Kčs | Celkové náklady, tj. skutečné výlohy, nejméně však % |
|---|---|
| do 10 000 | 8 |
| z dalších částek do 20 000 | 5 |
| z dalších částek do 100 000 | 3 |
| z dalších částek do 200 000 | 2 |
| z dalších částek do 800 000 | 0,5 |
| z dalších částek do 2 000 000 | 0,3 |
| z dalších částek do 3 000 000 | 0,2 |
| z dalších částek do 6 000 000 | 0,1 |
| z dalších částek do 12 000 000 | 0,05 |
| z dalších částek přes 12 000 000 | 0,02 |
II. Fees for conciliation
In conciliation proceedings, both parties shall pay a fee equal to one quarter of the fees paid in arbitration proceedings (paragraph I). The fee shall be paid in advance and one half shall be paid by each party.
B
Remuneration
I. Remuneration of members of the arbitration panel
(a) The President or Vice-President, if presiding for a meeting, shall be entitled to a remuneration of CZK 120. If only part of the meeting and another part of the Vice-President are chaired, this remuneration shall be divided accordingly.
(b) The members of the Arbitration Court shall be entitled to participate in each meeting or oral hearing convened pursuant to Paragraph 16 (1) of the Order, for the remuneration of the Kčs 60, -.
(c) A member of the arbitration panel who draws up a written copy of the comprehensive order of the arbitration panel shall be entitled to the remuneration referred to in paragraph II.
II. Rewards of arbitrators
The arbitrators shall be remunerated for oral proceedings by the Cčs 60, - up to 100, - graded according to the value of the subject matter of the dispute. For oral proceedings, and at the same time for drawing up the statement, the arbitrator shall be remunerated at the rate of CZK 200, - up to 1000, - graded according to the value of the subject-matter of the dispute; such remuneration may be increased by up to 100%, depending on the difficulty and complexity of the matter. The details shall be determined by the Minister for Foreign Trade.
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Regulation Information
| Citation | Decree of the Foreign Trade Minister No. 150 / 1960 Coll., on the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.10.1960 |
|---|---|
| Effective from | 20.10.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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