Act No. 166 / 1982 Coll.
Law amending and supplementing the Economic Arbitration Act
Valid
Effective from 01.01.1983
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166
THE LAW
of 15 December 1982
amending and supplementing the Economic Arbitration Act
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 121 / 1962 Coll., on Economic Arbitration, as amended, is amended as follows:
1. in Article 1, the introductory phrase and the provisions indicated in (a) and (b) shall read:
Economic arbitration shall carry out the following main tasks in the organisation, modification and control of supply and other economic relations (hereinafter referred to as "economic relations'):
(a) discuss and decide economic disputes between socialist organisations, organisational units or organisational units, or, where appropriate, the bodies of socialist organisations, where they are entitled to speak on their behalf in economic relations, as well as between other participants in economic obligations (hereinafter referred to as "organisations,");
(b) prepare, on its section, draft laws of the Federal Assembly and of the Government of the Czechoslovak Socialist Republic in the field of economic relations and on the basis of legal authorisation and, within its limits, issue generally binding legislation, "
The existing provisions marked with (b), (c), (d) shall be marked with (c), (d), (e).
2. the following shall be added to Article 1 (f):
"(f) in cases and under conditions laid down by specific provisions, it shall decide on the contribution to the State budget and on the imposition of an economic fine.";
Article 3 (2) (1) reads as follows:
"(1) The economic disputes discussed and decided by economic arbitrage are in particular:
(a) disputes concerning the conclusion of economic contracts and disputes concerning the modification or cancellation of economic obligations (pre-contractual disputes);
(b) real estate disputes;
(c) property disputes;
(d) disputes as to whether or not there is a legal relationship or a law if there is an urgent legal interest in this (dispute of determination);
(e) disputes over the basic conditions of supply. ";
4. Article 2 (2) (b) reads as follows:
"(b) disputes arising from property relations in international trade, (2)."
5. the following paragraph 4 is added to Article 2:
"(4) The Government of the Czechoslovak Socialist Republic may, by regulation, determine in which cases economic arbitrage does not decide the disputes referred to in paragraph 1 (a) to (d) arising within the production unit or the similarly organised economic unit and determine who decides."
6. In Article 2a (2), the words "the Czechoslovak Socialist Republic 'shall be inserted after the words" the Government'.
7. In Paragraph 8, the following paragraph 2 is inserted after paragraph 1:
"(2) In order to ensure the tasks of the State Arbitration of the Czechoslovak Socialist Republic, it is provided by the other economic arbitrage authorities with the necessary information, documents and documentation and the necessary synergies; the State Arbitration of the Czechoslovak Socialist Republic may require such data and synergies only with the knowledge of the relevant State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic."
Paragraph 2 shall become paragraph 3.
8.V § 9
(a) in paragraph 1, fourth sentence, the word "name" shall be replaced by the word "establishment,"
(b) in the third sentence of paragraph 2, the word "designate" shall be replaced by "establish and withdraw,"
(c) in paragraph 3, first sentence, the word "name" shall be replaced by the word "establishment."
9. the following Section 9a is inserted after Section 9:
(1) A state arbitrator may be established by a politically and professionally advanced upstanding Czechoslovak citizen who:
(a) have a university degree in the field of study,
(b) for a specified period, he has prepared himself as an arbitrator for the performance of the State Arbiter's activities through waiting experience and successfully passed an arbitration test which has demonstrated the necessary knowledge and experience for the performance of the State Arbiter's function.
(2) The waiting practice and arbitration test will be adapted in more detail by the general law of the State Arbitration of the Czechoslovak Socialist Republic; the adjustment concerning the waiting practice and arbitration test of the waiting party of the military component of the State Arbitration of the Czechoslovak Socialist Republic provides for the State Arbitration of the Czechoslovak Socialist Republic in an agreement with the Federal Ministry of National Defence. "
10. Article 10 (2) and (3) reads as follows:
"(2) Presidium of the State Arbitration of the Czechoslovak Socialist Republic
(a) decide to amend the decisions of the economic arbitrage authorities or to repeal those decisions and to order the dispute to be renegotiated in the cases referred to in paragraph 42 and to amend the decision imposing an economic fine in the cases referred to in paragraph 46b;
(b) approve the Rules of Procedure of the State Arbitration of the Czechoslovak Socialist Republic.
In these matters, the presidium may act validly in the presence of a majority of its members. In the event of a tie, they shall pay for the proposal for which the main arbitration of the Czechoslovak Socialist Republic voted.
(3) It is for the Presidium of the State Arbitration of the Czechoslovak Socialist Republic to further discuss in particular:
(a) draft legislation prepared by the State Arbitration of the Czechoslovak Socialist Republic;
(b) analyses and proposals for measures submitted to the Government of the Czechoslovak Socialist Republic or to the Government of one of the two Republics;
(c) the most serious opinions of the State Arbitration of the Czechoslovak Socialist Republic to ensure a uniform interpretation of the legislation on the economic sector. "
11. in Article 13 (a) and (b), the words "pre-contractual and property" shall be replaced by "economic."
12. In Paragraph 13, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The state arbitration of the Czechoslovak Socialist Republic decides to impose economic fines
(a) where the proposal to impose an economic fine is directed against an organisation or an economic management body within the competence of the Federation, or against several organisations or bodies, at least one of which is within the competence of the Federation, or against several organisations or bodies within the competence of both Republics;
(b) if the proposal to impose an economic fine is linked to the protection and security of the State or to supplies in the field of material State reserves. ";
13. in Article 13a (1) (a), "pre-contractual and property" is replaced by "economic."
14. in Paragraph 13a, the following paragraph 2 is inserted after paragraph 1:
"(2) The State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic decides to impose economic fines if the State Arbitration of the Czechoslovak Socialist Republic is not responsible."
15. in Article 13a, paragraph 2 shall be renumbered as paragraph 3:
"(3) The local jurisdiction of the State Arbitration of the Czech Socialist Republic or of the State Arbitration of the Slovak Socialist Republic shall be governed by the seat of the institution or, where applicable, by an organisation against which the arbitration request or, where appropriate, by an application for an economic fine or against which an own-initiative procedure is initiated; where the arbitration request is directed against several bodies or organisations, as appropriate, the jurisdiction shall be governed by the seat of any of them. ';
16. Paragraph 14 (3) reads as follows:
"(3) If it is an investment construction that has been imposed by the government or which is part of a complex housing construction, local jurisdiction shall be governed by disputes between the supplier and the investor, as well as between the investor's supplier and his supplier, where the investment construction takes place. In order to discuss and decide disputes concerning transactions for export or import, if at least one of the parties is a foreign trade organisation and disputes between the main supplier of an export investment unit and its suppliers, the relevant State arbitrage exercising the jurisdiction of the regional State arbitration for the territory of the capital of Prague or the territory of the capital of the Slovak Socialist Republic of Bratislava shall be the relevant; the local jurisdiction shall be governed by the registered office of the organisation authorised for foreign trade. Where there is a dispute between organisations entitled to trade abroad, the local jurisdiction shall be governed by the provisions of paragraph 2, and where there is a dispute between the main supplier of the export investment unit and its supplier, the seat of the export customer. ';
17. In Paragraph 20, the present text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) The opening of an own-initiative procedure or the initiative of the main arbitrator of the Czechoslovak Socialist Republic shall be subject to a written decision by the relevant economic arbitrage determining in particular the position of the parties to the dispute and the subject of the economic dispute. The decision shall be delivered to the parties to the dispute.
(3) The proceedings shall be opened on the date on which the arbitration request was received. Proceedings on the initiative of economic arbitrage or at the initiative of the main arbitrator of the Czechoslovak Socialist Republic shall be initiated on the date of the written decision to initiate it. '
18. Article 21 (1) reads as follows:
"(1) The arbitration request shall include the designation of the organisation which submitted it and the organisation against which the request is directed, the indication of the subject-matter of the dispute, the facts and the evidence on which it is based, as well as the proposal as to be decided. ';
19. In Paragraph 22 (2), part of the sentence after the semicolon is deleted.
20. The following Section 22a is inserted after Section 22:
Refusal of arbitration request
(1) If the organisation does not remove the pleas in the arbitration request within the time limit laid down, the economic arbitrage will reject the request by decision.
(2) If an arbitration request has been submitted to an economic arbitrage body not competent to discuss it, that authority shall forward it to the competent economic arbitrage authority and inform the applicant accordingly. The economic arbitrage shall reject the arbitration request by decision unless the matter falls within its competence; in which case the application shall be forwarded to the authority which is entitled to decide the case and shall state in the decision that the dispute is not within the competence of the economic arbitrage. The legal effects associated with the submission of such referral applications remain.
(3) Where economic arbitrage cannot be ascertained from the content of the arbitration request by the authority which is entitled to decide on the case, or where the application indicates someone who cannot be party to the dispute, the economic arbitrage shall, by decision, reject the application and return it to the person who made the request. The legal effects associated with the submission of such arbitrage applications shall be maintained only if the right is exercised within 30 days of the receipt of the application returned to the authority which is entitled to decide on the case. '.
21. In § 23 at the end the following sentence is added:
"The same obligations are incumbent on the organisation against which the proceedings have been initiated on its own initiative of economic arbitrage or on the initiative of the main arbitrator of the Czechoslovak Socialist Republic."
22. The following sentences are added at the end of Paragraph 25 (3):
(3) may at the same time require the parties to cooperate with the expert. Economic arbitrage may be used instead of the expert opinion for the confirmation or professional expression of the competent authority or institute. The economic arbitrage shall be served on the expert's opinion or, where appropriate, the text of the certificate or the expert's observations to the parties to the dispute; the parties are entitled to comment on it and to propose its addition. ';
23. § 27 is released.
24.
Stopping arbitration proceedings
Where the reason for the arbitration procedure is lost before the dispute has been decided, or where the arbitration procedure has been initiated in the same case, or where the case has been decided by the economic arbitrage authority, the economic arbitrage shall issue a decision to terminate the procedure and, if necessary, decide on the reimbursement of costs. ';
25. the following Section 30a is inserted after Section 30:
Arbiter records in particular in the arbitration file
(a) the operative part of the decision if it has been declared after the conclusion of the arbitration procedure;
(b) the agreement of organisations approved in the arbitration negotiations;
(c) the statement that the decision is given legal power by its declaration;
(d) additional submissions by experts relevant to the decision of the dispute;
(e) procedural decisions determining the procedure provided that they impose obligations on the parties in the dispute.
The record of these facts shall be signed by the arbitrator and the representatives of the organisations present, or expert, at the end of the negotiations. ';
26. v § 31 (2)
(a) in the first sentence of the first sentence, the words "Main Arbiter of the Czechoslovak Socialist Republic" shall be replaced by the words "Responsible Chief Arbiter" and the words "State Arbitration of the Czechoslovak Socialist Republic" shall be inserted after the words "State Arbitration of the Czech Socialist Republic";
(b) the second sentence is replaced by the following:
"Similarly, regional arbitrage leaders appoint, on a proposal from the Regional Trade Union Council, personnel who will call on the Regional State Arbitration to be members of the Arbitration Commission."
Article 27 (32) reads:
(1) Individual economic disputes whose decisions fall within the competence of economic arbitrage may also discuss and decide the arbitrators. The exception is disputes for which the State Arbitration of the Czechoslovak Socialist Republic, the State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic is responsible for the negotiation and decision-making, disputes concerning transactions for export or import, if at least one of the parties to the organisation is authorised to do business abroad, and property disputes of over 500 000 Kcs. Where an organisation proposes, in the course of a dispute, a reduction or remission of property penalties or a reduction in compensation, or where the arbitrator finds that the conditions for payment are laid down in special rules, the arbitrator shall refer the dispute to the competent economic arbitrage authority for further consideration and decision.
(2) The arbitrator is a citizen to whom the organisation has chosen by written agreement for the decision of a particular dispute and who has given his consent to the choice. The organisation shall elect an arbitrator for the decision of a particular dispute, in particular if there is a dispute in which the arbitrator's specific knowledge and experience (economic, technical, organisational, etc.) may be used.
(3) The submission of an arbitration request to an arbitrator shall have the same legal effect as the submission of an application for economic arbitrage.
(4) The arbitrator shall, without undue delay, discuss the dispute; If, without serious reasons, it does not proceed with the dispute, either Party may request the competent authority of the economic arbitrage to rule the dispute.
(5) A decision given by an arbitrator shall have the effect of an arbitration decision. If the organisation fails to comply with the decision in the manner and within the time limit laid down therein, or if the time limit has not been set, within 15 days of its receipt, a decision under this law shall be taken.
(6) If the decision of the arbitrator is contrary to the laws or principles of the economic policy of the Czechoslovak Socialist Republic, the competent State arbitration of the Czech Socialist Republic or the State arbitration of the Slovak Socialist Republic may, on application or on its own initiative, revoke the decision under the conditions laid down in § 41 and order the competent authority of the economic arbitrage to discuss the dispute. The application for review shall be submitted to the economic arbitrage authority, which shall decide on the dispute.
(7) The Arbitration and Dispute Settlement of Disputes by the Arbitration will be adapted in more detail by the Arbitration of the Czechoslovak Socialist Republic. "
28. Paragraph 35 (1) reads as follows:
"(1) The arbitration decision shall include the designation of the economic arbitrage body, the designation of the parties, the names of their representatives, the designation of the subject-matter of the dispute, the arbitration statement and its justification. The operative part shall also decide on the costs. ';
29. Paragraph 35 shall be added to paragraph 4:
"(4) Errors in writing or in numbers or other obvious errors in the written copy of the decision shall be corrected by the economic arbitrage at any time and without proposal from the organisation. The decision on the correction shall be delivered to the parties to the dispute. ';
30. Paragraph 37 (1) reads as follows:
"(1) Where the subject-matter of the dispute is fully clarified on the basis of the evidence submitted or, where appropriate, the investigation carried out, a decision may be taken in property disputes and, exceptionally, in other economic disputes without arbitration. '
31. in Article 38 (1), the amount "20 000 CZK" shall be replaced by "50 000 CZK";
32.V § 40
(a) paragraph 3 is renumbered paragraph 1 and the text in brackets is amended as follows: "(Paragraph 2 (2) and (3)),"
(b) paragraph 1 shall become paragraph 2;
(c) paragraph 2 shall be renumbered paragraph 3 and the words "may impose economic arbitrage" shall be replaced by "enforce economic arbitrage."
33. in Paragraph 40, paragraphs 4, 5 and 6 are added as follows:
"(4) The application for enforcement of a decision by imposing an order of order shall always be decided by written decision, as a rule without arbitration. If economic arbitrage is deemed necessary, it shall decide with the participation of organisations. The other provisions of Part Three shall apply mutatis mutandis to this procedure.
(5) If, for reasons of particular consideration, economic arbitrage fails to comply with the application for enforcement by imposing an order-order fine, it shall decide on the deferral of enforcement and the fine shall be imposed at the request of the approved organisation, after the reasons for the suspension have ceased to exist.
(6) Where an organisation demonstrates that obligations imposed by a decision or corresponding rights have been transferred to another organisation, the decision may be taken against or for the benefit of that other organisation; the economic arbitrage in the decision indicates that obligations or rights have been transferred to another organisation. ';
34. v § 41
(a) in the first sentence of paragraph 1, the words "may the State Arbitration of the Czech Socialist Republic or, where appropriate," shall be replaced by the words "may the State Arbitration of the Czech Socialist Republic";
(b) the following paragraph 2 is inserted after paragraph 1:
"(2) The relevant State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic may also review the decision of the Regional State Arbitration if, after the decision has been taken, new facts which could not have been known to the parties at the time of its issue have been discovered but are of substantial importance for the decision and, in view of them, the decision is contrary to the laws or principles of the economic policy of the Czechoslovak Socialist Republic. ',
(c) in the first line of paragraph 2, "Under the same conditions" shall be replaced by "Under the conditions laid down in paragraphs 1 and 2." This paragraph shall become paragraph 3 and the following paragraph 4 shall be inserted after it:
"(4) At the initiative of the main arbiter of the Czechoslovak Socialist Republic, the competent State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic is obliged to initiate the procedure to review the decision of the Regional State Arbitration within 15 days."
35. v § 41
(a) paragraph 3 shall become paragraph 5 and the first sentence shall be replaced by the following:
"An application for review may be submitted by the organisation or body which is a party to the dispute within 15 days of receipt of the decision and, if the request for review is made on the grounds referred to in paragraph 2, within 15 days of the finding of new facts. ',
the following sentences are added at the end of the paragraph:
"The second organisation is obliged to comment on the review proposal. It shall act mutatis mutandis in accordance with Paragraph 23. ',
(b) paragraph 4 shall become paragraph 6.
36. the following Section 41a is inserted after Section 41:
The decision given under Paragraph 41 shall become final by service. If the revised decision has been amended, the organisation shall comply with it within the time limit set by the review decision and, if the time limit has not been set, within 15 days of the date on which the decision became final. The expiry of this period shall render the decision enforceable. '.
37. Paragraph 42 (1) reads as follows:
"(1) The Presidium of the State Arbitration of the Czechoslovak Socialist Republic may, for the reasons set out in Paragraph 41 (1) and (2), amend the decision of the Economic Arbitration Body or revoke it and order the dispute to be renegotiated. If the decision of the Regional State Arbitration or the State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic is taken, the proposal for such a measure may be made only if the decision has been reviewed in accordance with § 41 (1) to (3). '
38. in § 42 (2), the reference to "§ 41 (3)" is replaced by the reference to "§ 41 (5)."
39. The following Section 42a is inserted after Paragraph 42:
If the decision on which the performance was granted has been revoked, the economic arbitrage authority shall require the organisation, in the review decision, to repay the performance to the appropriate extent and if it is not possible or expedient to replace the price according to the time of performance. If such a decision has been amended, the economic arbitrage authority shall at the same time decide on the material settlement of the entire subject matter of the dispute. ';
40. The following Sections 44a and 44b are inserted after Section 44:
Costs
(1) The costs of the arbitration procedure are:
(a) arbitration charge;
(b) the remuneration and reimbursement of the costs of the expert, as well as the reimbursement of the necessary expenses and, where appropriate, the loss of earnings of those who testify before the economic arbitrage pursuant to Paragraph 25 (1).
(2) Economic arbitrage shall be decided upon in accordance with the outcome of the dispute or with the agreed agreement of the parties (Paragraph 30 (1)), taking into account, where appropriate, the circumstances of the dispute.
(3) Where a decision is annulled after a review pursuant to Article 41 or Article 42 and the dispute is ordered to be renegotiated, the economic arbitrage authority shall decide on the costs of the proceedings, including the review fee, according to the outcome of the reconsideration. Where the revised arbitration decision is left unchanged, the fee for reviewing the decision shall be borne by the appellant. If the decision under review is amended or if another measure is taken, the costs of the proceedings shall be decided on the basis of the outcome of the examination, taking into account, where appropriate, the circumstances which led to the examination.
Service of documents
The economic arbitrage shall normally be served by post at the headquarters of the organisation; However, if the organisation indicates in the arbitration request or, where appropriate, in its observations on the arbitration request a place of written contact, the documents shall be served at that place. ';
Paragraph 45 (2) reads as follows:
"(2) Any person who has been alerted to the defect shall be obliged, within 30 days of delivery at the latest, to indicate, if no other time limit has been set, what measures he has taken to remedy the defect. If the warning (s) does not comply with the warning (s), or if it is unable to remove the fault within its scope, it shall forward the warning (s) within the same time limit to its superior authority and inform the economic arbitrage of its progress. ';
42. Paragraph 45 shall be added to paragraph 3:
"(3) The State Arbitration of the Czechoslovak Socialist Republic, the State Arbitration of the Czech Socialist Republic and the State Arbitration of the Slovak Socialist Republic are highlighted by the central authorities. The authority which has been so alerted or referred to in paragraph 2 shall be obliged to take corrective action within 30 days of service at the latest. If the remedy is not dealt with within the scope of its competence or in agreement with another central authority, it shall inform the economic arbitrage authority which drew attention to the defect within the same period. The relevant main arbitrator shall then be entitled to submit a warning (signalling) to the competent government for consideration of the draft measure. ';
43. the following Part Four is inserted after Paragraph 46:
Special procedures
Proceedings on contributions to the State budget
(1) Economic arbitrage may, in the event of an invalidity of an act of law, impose a levy on the relevant State budget if it finds, in the course of the dispute, that the conditions laid down in the special legislature4 have been met for its imposition.
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Regulation Information
| Citation | Act No. 166 / 1982 Coll., amending and supplementing the Act on Economic Arbitration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.12.1982 |
|---|---|
| Effective from | 01.01.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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