Act No. 19 / 2012 Coll.
Act amending Act No. 216 / 1994 Coll., on Arbitration and Enforcement of Arbitration Findings, as amended, and other related laws
Valid
Effective from 01.04.2012
19
THE LAW
of 20 December 2011
amending Act No. 216 / 1994 Coll., on Arbitration and Enforcement of Arbitration Findings, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Arbitration Act
Act No. 216 / 1994 Coll., on Arbitration and Enforcement of Arbitration Findings, as amended by Act No. 245 / 2006 Coll., Act No. 296 / 2007 Coll. and Act No. 7 / 2009 Coll., is amended as follows:
1. In Paragraph 1 (2), the words "or where proceedings have been initiated before a financial arbitrator or have been decided in this procedure on the substance 'shall be added at the end of the text.
2. In Paragraph 2 (1), the words "or on which a special law provides for it 'shall be inserted after the words' whose consideration and judgment would otherwise have been given to the court '.
3. In Article 3, paragraphs 3 to 6 are added:
"(3) Where an arbitration agreement for the settlement of disputes from consumer contracts is negotiated, it shall be negotiated separately and not as part of the terms governing the main contract; otherwise it is invalid.
(4) In good time before the conclusion of the arbitration clause, the entrepreneur shall provide the consumer with a reasonable explanation in order to be able to assess the consequences of the conclusion of the arbitration clause. An appropriate explanation means an explanation of all the consequences of the arbitration clause.
(5) An arbitration clause concluded in accordance with paragraph 3 shall also include true, accurate and complete information on:
(a) the arbitrators or the decision of the Permanent Arbitration Court;
(b) the way in which the arbitration procedure is to be opened and conducted;
(c) the remuneration of the arbitrator and the types of costs which may be incurred by the consumer in the arbitration procedure and the rules governing their award;
(d) the place of arbitration;
(e) the method of service of the arbitration award to the consumer; and
(f) that the final arbitration finding is enforceable.
(6) Where the arbitration clause entrusts the dispute to a permanent arbitration panel, the requirement referred to in paragraph 5 shall also be fulfilled by reference to the statutes and orders of the standing arbitration courts issued pursuant to Paragraph 13. ';
4. Paragraph 4, including footnote 2, reads as follows:
(1) An arbitrator may be a citizen of the Czech Republic who is mature, fit for legal action, unless otherwise provided for in the Specific Regulation (2).
(2) An alien may perform the function of arbitrator if he fulfils the condition of maturity, integrity and legal capacity, the condition of legal capacity being governed by the law of the State of which he is a national. However, it is sufficient for such a person to have legal capacity under the law of the Czech Republic.
(3) The condition of integrity referred to in paragraphs 1 and 2 shall not be met by those who have been convicted of a criminal offence in a final manner if they are not looked at as if they had not been convicted.
(4) An arbitrator designated by the arbitration clause for the settlement of disputes from consumer contracts may only be a person entered in the list of arbitrators maintained by the Ministry of Justice (hereinafter referred to as "the Ministry ').
2) For example, § 80 (5) (b) of Act No. 6 / 2002 Coll., on Courts and Judges, as amended, § 4 (3) of Act No. 182 / 1993 Coll., on the Constitutional Court, as amended. '
5. Paragraph 6 (2) reads as follows:
"(2) The arbitrators may waive the confidentiality of the parties. If the parties to the arbitration do not waive confidentiality, the arbitrator shall, for serious reasons, decide on the waiver of confidentiality by the President of the district court in whose jurisdiction the arbitrator is resident. If the arbitrator does not have a permanent residence in the Czech Republic or cannot be established, the President of the District Court, in whose district the arbitration panel has been issued, shall decide on the confidentiality. If the place of issue of the finding cannot be ascertained or has not been issued in the Czech Republic, the President of the Circuit Court for Prague 1 shall decide."
6. In Article 7 (1), the sentence "The arbitrator may also be designated by the Parties by an agreed person or in the manner set out in the rules for arbitration pursuant to Article 19 (4) shall be inserted after the first sentence."
7.
(1) An arbitrator shall be excluded from the hearing and decision of the case if, in view of his or her relationship with the case, the participants or their representatives, there is reason to doubt his or her bias.
(2) He who is to be or has been designated or has been appointed as an arbitrator shall, without delay, notify the parties or the court of any circumstances which might raise legitimate doubts as to his unbiased nature and for which he is excluded as an arbitrator.
(3) In disputes arising from consumer contracts, the arbitrator shall inform the parties, prior to the beginning of the hearing, whether he has issued or participated in the award of an arbitration award in the last three years or is an arbitrator in a dispute which has been or is a party to the dispute. The period referred to in the preceding sentence shall be calculated from the date of termination of the arbitration procedure to the date of the opening of the arbitration procedure in which the arbitrator arises. ';
8. Paragraph 13 (1) reads as follows:
"(1) Permanent arbitration courts may be established only by other law or only if their establishment is expressly permitted by another law. '
9. In Article 13, the following paragraph 4 is added:
"(4) No one is entitled to use a label in the course of his activity which gives rise to a delusion that it is a permanent arbitration tribunal under this law unless he is entitled to use such a designation under another law or international agreement which is part of the legal order. ';
10. In Article 15, at the end of paragraph 2, the sentence "This shall not apply in the event of disputes in consumer contracts."
11. in Article 19 (2), the words "or the procedure referred to in paragraph 4" shall be inserted after the words "in accordance with paragraph 1";
12. In Article 19, paragraph 4 is added:
"(4) The Parties may also determine the procedure in the rules governing arbitration where such rules are annexed to the arbitration agreement. This shall not affect the application of the rules of the permanent arbitration panel. '.
13.
"Decision
The arbitration procedure shall end:
(a) the legal power of the arbitration finding; or
(b) service of the order in cases where an arbitration finding is not issued; the order must be signed, reasoned and served as an arbitration finding; If an action brought before a standing arbitration panel is withdrawn before the establishment of a Chamber or the appointment of an arbitrator, the President of the Permanent Arbitration Court shall issue and sign an order suspending the proceedings. ';
14. In Paragraph 25, at the end of paragraph 2, the sentence "In the event of a dispute in a consumer contract, the arbitration panel shall always contain a statement of reasons and a statement of the right to appeal for annulment of the contract. '
15. In Paragraph 25, at the end of paragraph 3, the sentence "In disputes arising from consumer contracts, arbitrators shall always be governed by the laws laid down for consumer protection."
16. in Article 31, the following points (g) and (h) are inserted after point (f):
"(g) the arbitrator or a permanent arbitration court has ruled on a dispute under a consumer contract in contravention of legislation laid down to protect the consumer or in manifest violation of good manners or public policy;
(h) the arbitration agreement relating to disputes arising from consumer contracts does not contain the information required in Article 3 (5) or, where appropriate, that information is intentionally or to a non-negligible extent incomplete, inaccurate or false; or ';
Point (g) shall be renumbered as point (i).
17. In Paragraph 32, at the end of paragraph 1, the sentence "If an arbitration finding was issued in a dispute in a consumer contract and the application for its annulment has been lodged by the consumer, the court shall always examine whether the grounds for the annulment of the arbitration finding under § 31 (a) to (d) or (h) are given. '
18. In Paragraph 32 (2), at the end of the text of the second sentence, the words "or if the application for revocation of the arbitration finding can be considered justified 'shall be added.
19. In Article 32, the following paragraph 3 is added:
"(3) Where an application for revocation of an arbitration finding is made by a consumer, the court shall examine whether the grounds for the suspension of the enforceability of the arbitration finding referred to in paragraph 2 are given without the consumer asking for it. The court shall decide to defer enforcement within 7 days of the application; the arbitration finding cannot be carried out during this period. ';
20. At the end of Paragraph 33, the sentence "This does not apply if there are disputes in consumer contracts."
21.
(1) If the court abolishes the arbitration finding for the reasons set out in Paragraph 31 (a), (b), (g) or (h), it shall proceed to the application by one of the parties, after the legal power of the judgment in the substance of the case, and shall rule on the case. The matter can no longer be discussed in arbitration proceedings.
(2) If the court withdraws an arbitration finding for a reason other than those set out in paragraphs 31 (a) and 31 (b), the arbitration agreement shall remain in force. Unless otherwise assessed by the Parties, the arbitrators involved in an arbitration finding which has been cancelled for the reasons set out in Paragraph 31 (c) shall, however, be excluded from reconsideration and decision-making. Unless otherwise assessed by the Parties, new arbitrators shall be appointed in the manner originally specified in the Arbitration Agreement or in support of the provisions of this Law. '
22. In Paragraph 34, the following paragraph 3 is added:
"(3) If a court rescues an arbitration finding issued in a dispute in a consumer contract and acts in an arbitration procedure by an arbitrator registered in a list of arbitrators kept by the Ministry, the court shall transmit to the Ministry a copy of such a final decision. ';
23. In Article 35 (1) of the Introductory Part of the provision, the words "notwithstanding the time limit laid down in Article 32 (1) 'shall be inserted after the words" enforcement of the arbitration'.
24. in Paragraph 35 (1), the following point (b) is inserted after point (a):
"(b) are the grounds for the annulment of an arbitration award issued in a dispute under a consumer contract pursuant to Article 31 (a) to (f), (h), or where the grounds referred to in Article 31 (g) are given, and the arbitration award does not contain any instruction on the right to file an application for the annulment of a judgment,";
Points (b) and (c) shall be renumbered (c) and (d).
25. the following Part Five is inserted after Part Four:
LIST OF DECISIONS BY MINISTERSTVE
(1) The Ministry shall keep a list of arbitrators who may be designated by the arbitration clause for the dispute settlement of consumer contracts.
(2) The Ministry shall publish on its website the following information on the arbitrators listed:
(a) name and surname;
(b) the contact address indicated by the arbitrator;
(c) the certificate number,
(d) the date of entry in the list; and
(e) the date and reason for the removal from the list.
Entry into the list of arbitrators
(1) The Ministry shall, upon request, enter in the list of arbitrators a natural person who:
(a) is eligible for legal action;
(b) is fair,
c) obtained a university degree in law
1. in the Master's study programme by studying at a university in the Czech Republic, or
2. study at a university abroad, where such education is recognised as equivalent in the Czech Republic as referred to in point 1 on the basis of an international agreement which the Czech Republic is bound by, or where such education has been recognised under special legislation, and at the same time corresponds to the content and scope of general education which can be obtained in the Master's study programme in the field of law at a university in the Czech Republic,
(d) has not been removed from the list of arbitrators in the last five years following a decision by the Ministry;
e) paid the Ministry an administrative fee of CZK 5,000.
(2) In the application for entry in the list of arbitrators, the applicant shall indicate the name and surname, place of permanent residence, date of birth and contact address.
(3) The application referred to in paragraph 2 shall be accompanied by the applicant for entry in the list of arbitrators:
(a) a certified copy of the educational document referred to in paragraph 1 (c);
(b) a document equivalent to an extract from the criminal record issued by the State of which it is a citizen or, in the absence of such a document, a declaration of honour made before the competent administrative or judicial authority of that State; documents may not be more than 3 months old;
(c) proof of payment of the administrative fee for entry in the list.
(4) In order to demonstrate integrity, the Ministry shall obtain an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.
(5) The listing of arbitrators shall be made by the Ministry without undue delay if the tenderer fulfils all the conditions referred to in paragraph 1. The Ministry shall issue a certificate of registration to the arbitrator on the list no later than 30 days after the entry of the certificate of registration.
Delete from the list of arbitrators
(1) The Ministry shall delete from the list of arbitrators which:
(a) died or was declared dead;
(b) he has been convicted of a criminal offence by a final decision of the President of the Republic if he is not treated as if he had not been convicted,
(c) has been definitively disposed of or restricted to legal capacity;
(d) may not be an arbitrator under other laws;
(e) submit a written request for removal from the list to the Ministry on the last day of the calendar month following the month in which the request was received.
(2) The Ministry may decide to remove the arbitrator from the list if it has seriously or repeatedly infringed the obligations laid down by this Law.
(3) The Ministry may decide to suspend the removal of the arbitrator,
(a) against which criminal proceedings have been brought; the temporary removal shall take place no longer than the day following the date on which the final decision ending the prosecution is served on the Ministry; or
(b) where the procedure for its legal capacity has been initiated, no later than the day following the date on which the final decision terminating the procedure is served on the Ministry.
(4) The Ministry shall inform within 30 days of the removal referred to in paragraph 1 (b) to (e) of the removal from the list of arbitrators of the removal. The suspension referred to in paragraph 2 or the suspension referred to in paragraph 3 shall be recorded by the Ministry in the list of arbitrators without undue delay from the legal authority of the decision to withdraw or suspend the removal and shall inform the person concerned within 30 days of such removal or suspension.
Information obligations
The arbitrator shall notify the Ministry without undue delay, but no later than 8 days, of any changes to the information contained in the list and of any changes to the facts on the basis of which it was entered in the list. ';
26. In Paragraph 37, at the end of paragraph 1, the sentence "In the case of disputes arising from consumer contracts, the choice of consumer rights must not be prejudicial and must not mean a reduction in the level of protection of his rights under this law or other legislation."
Transitional provisions
1. Arbitration proceedings initiated before the date of entry into force of this Act, including proceedings in the event of disputes in consumer contracts, shall be completed in accordance with existing legislation.
2. The validity of the arbitration agreement is assessed in accordance with Act No. 216 / 1994 Coll., as effective at the time of conclusion of the arbitration agreement.
3. Persons who do not comply with the conditions of § 13 (4) of Act No. 216 / 1994 Coll., as effective from the date of entry into force of this Act, are obliged to remove this deficiency within 6 months of the date of entry into force of this Act.
4. An arbitrator who may be designated by an arbitration clause to resolve a dispute in a consumer contract may not comply with the condition of inclusion in the list of arbitrators under this Act for a period of 6 months from the date of entry into force of this Act.
5. The Ministry shall enter in the list of arbitrators maintained by the Ministry free of charge those arbitrators who are entered on the list of arbitrators for consumer disputes held by the Arbitration Court at the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic on the first day following six months after the date of entry into force of this Act, except for arbitrators who do not fulfil the conditions set out in § 4 and those who, within six months after the entry into force of this Act, have notified the Ministry of their opposition to such registration.
Amendment of the Law on judicial fees
Act No. 549 / 1991 Coll., on judicial fees, as amended by Act No. 271 / 1992 Coll., Act No. 36 / 1995 Coll., Act No. 241 / 2000 Coll., Act No. 255 / 2000 Coll., Act No. 151 / 2002 Coll., Act No. 112 / 2006 Coll., Act No. 115 / 2006 Coll., Act No. 159 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 123 / 2008 Coll., Act No. 216 / 2008 Coll., Act No. 7 / 2009 Coll., Act No. 217 / 2009 Coll., and Act No. 218 / 2011 Coll., is amended as follows:
1. In the Annex to the Act, the following entry 17a is inserted after entry 17:
"Heading 17a
For the application for annulment of the arbitration award
(a) where its subject is a cash performance and it is proposed to be cancelled on the grounds that an arbitrator or a standing arbitration court has ruled a dispute in a consumer contract in breach of the laws laid down for the protection of the consumer or in manifest contravention of good manners, the fee referred to in item 1 shall be levied:
b) in other cases CZK 3,000, - '.
2. In the Annex to the Act under heading 30 (1), the words "and the Protocol 'are replaced by the words", the Protocol and the certified extract from registers and registers'.
3. In the Annex to the Act under heading 30 (2), the words "and other parts of the files' are replaced by the words", other parts of the files and other recording aids'.
Amendment of the Administrative Charges Act
In the Annex to Act No. 634 / 2004 Coll., on Administrative Charges, as amended by Act No. 312 / 2006 Coll., Act No. 130 / 2008 Coll. and Act No. 254 / 2008 Coll., under Lot 10, the following point (f) is added:
"(f) entry in the list of arbitrators 9b) CZK 5,000
9b) § 35a et seq. of Act No. 216 / 1994 Coll., on Arbitration and Enforcement of Arbitration Findings, as amended. '
Amendment to the Electronic Communications Act
Act No. 127 / 2005 Coll., on electronic communications and amending certain related laws (Act on electronic communications), as amended by Act No. 290 / 2005 Coll., Act No. 361 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 235 / 2006 Coll., Act No. 310 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 304 / 2007 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 153 / 2010 Coll., Act No. 94 / 2011 Coll., Act No. 137 / 2011 Coll., amended as follows:
1. In Article 127, the following paragraph 6 is added:
"(6) In order to resolve disputes decided in accordance with the procedure referred to in paragraphs 1 to 4, an arbitration agreement may be negotiated under the law on arbitration and on the enforcement of arbitral findings in respect of disputes concerning the performance of a financial performance obligation. ';
2. In Section 129, the following paragraph 5 is added:
"(5) An arbitration agreement may be negotiated in accordance with the Arbitration Procedure Act and the enforcement of arbitration findings to resolve the dispute referred to in paragraph 2. ';
EFFECTIVE
This Act shall take effect on the first day of the third month following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 19 / 2012 Coll., on arbitration and enforcement of arbitration findings, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.01.2012 |
|---|---|
| Effective from | 01.04.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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