Regulation No 162 / 1950 Coll.
Regulation establishing fees for State arbitrage
Valid
Effective from 01.10.1950
162.
Order of the Minister for Finance
of 16 November 1950
setting fees for State arbitrage.
In an agreement with the Minister, the Minister of Finance mandates the State Office of Planning pursuant to § 31 (3) of Act No. 99 / 1950 Coll., on Economic Contracts and State Arbitration ("the Act '):
Rate.
The following fees shall be levied for the conduct of the State Arbitration Authorities (Arbitration Committees):
1. For the negotiation of disagreements arising from the conclusion of economic contracts concerning their content and formalities (pre-contractual disputes), or for the negotiation of property disputes the subject matter of which cannot be assessed,
| a) ústřední komise (slovenské komise) a ressortní komise (oblastní komise) | 6.000.— Kčs |
| b) krajské komise | 3.000.— Kčs. |
2. For hearing other property disputes from the value of the subject matter
| do 1 milionu | Kčs 2%, |
| z dalších 4 milionů | Kčs 0.5%, |
| „ 10 „ | Kčs 0.3%, |
| „ 15 „ | Kčs 0.2%, |
| „ 30 „ | Kčs 0.1%, |
| z dalších částek přes 60 „ | Kčs 0.05%, |
| nejvýše však 400.000 Kčs. |
The taxpayer.
(1) The fee is payable by a party who has not been successful in the dispute. The arbitration panel shall state in the decision or decision who is obliged to pay the fee; in so doing, the payment of the fee may also be imposed on both parties in proportion to the extent not accepted by their arbitration proposal.
(2) The arbitration panel may impose a charge on a party who has been successful in the dispute because the arbitration panel has exercised its right to amend the legal relationship from which the dispute arose (Section 22 (2) of the Law).
(3) If the arbitration procedure is terminated by conciliation, each party is required to pay half the fee.
The value of the object of the dispute.
(1) The value of the subject matter of the dispute on which the fee is calculated shall be determined by the arbitration panel in an arbitration finding or resolution, taking into account the parties' data and the outcome of the proceedings.
(2) If the arbitration panel decides on a part of the subject matter of the dispute, it shall determine the value of that part in the finding.
(3) The basis of the fee shall be rounded down to a number divisible by a hundred; the fee shall be rounded down to the whole of the Kčs.
Maturity and method of payment.
(1) The fee shall be payable within 15 days of the date of service of the written copy of the decision or order or within the same time limit from the date of approval of the conciliation by the arbitration panel. If the Party does not pay the fee within this period, the fee shall be increased by five per cent.
(2) The fees shall be paid in cash by means of a ticket from the State Bank or by transfer from the taxpayer's account (§ 2) to the checkbook account of the office with which the relevant arbitration commission is set up. If the proceedings are carried out by the Regional Arbitration Commission, the fee shall be paid on the cheque account of the financial report of the single (central) national committee in whose district the seat of the commission concerned is situated.
(3) The charges for State arbitrage apply to the Treasury.
Silence.
The right to correct the fee to the detriment of the party as determined by the arbitration panel decision and the right to enforce the fee shall be limited by the expiry of three years, calculated from the beginning of the calendar year following the year in which the last day of the period for payment of the fee expired (§ 4).
Liberation of renegotiation.
(1) If the decision of the commission concerned has been annulled (Section 26 of the Act) and the matter is renegotiated, the renegotiation fee shall not be levied.
(2) If, in the renegotiation, the successful party has fallen, the arbitration panel shall impose a charge on the other party to replace the fee paid.
Reduced or forgiven.
On the recommendation of a central or responsible (Slovak or regional) arbitration commission, the Ministry of Finance may, in agreement with the Ministry responsible, reduce or waive the fees; on the recommendation of the Regional Arbitration Commission, the fees may be reduced or waived by the Regional National Committee.
Return.
If more than the fee has been paid by this Regulation, the excess shall be refunded to the party; However, amounts up to 100 CZK shall not be recovered. The entitlement to repayment shall expire one year after payment.
Enforcement.
If the taxpayer fails to pay the fee within the time limit laid down in Paragraph 4 (1), the commission shall notify the competent ministry (mandatortvu); otherwise the unpaid fee shall be enforced by judicial or administrative execution.
Transitional provision.
The fees referred to in Article 1 shall not be paid for arbitration proceedings carried out in disputes which shall be referred by the courts by official authority in accordance with the provisions of Section 35 of the Law to the relevant arbitration commission.
Efficiency.
This Regulation shall enter into force on 1 October 1950.
Zaporocký v. r.
Cable v. r.
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Regulation Information
| Citation | Regulation No. 162 / 1950 Coll., setting the fees for State arbitration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1950 |
|---|---|
| Effective from | 01.10.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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