Act No. 228 / 1946 Coll.
Law on arbitration courts for the treatment of certain obligations of national undertakings
Valid
Effective from 19.12.1946
228.
Law
of 21 November 1946
on arbitration courts for adjusting certain obligations of national undertakings.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) Arbitration courts
Article 5 (2) of the Decree of the President of the Republic of 24 October 1945, No 100 Coll., on the nationalisation of mines and certain industrial enterprises,
Article 5 (2) of the Decree of the President of the Republic of 24 October 1945, No. 101 Coll., on the nationalisation of certain undertakings in the food industry,
Article 30 (1) of the Decree of the President of the Republic of 24 October 1945, No 102 Coll., on the nationalisation of equity banks; and
Article 14 (2) of the Decree of the President of the Republic of 24 October 1945, No 103 Coll., on the nationalisation of private insurance companies,
decide on the revocation or other appropriate adjustment of the economically unjustified obligations of national undertakings, shall be established with the regional courts exercising jurisdiction in civil matters (hereinafter referred to as regional courts) at the offices of the courts of the country. The jurisdiction of the arbitration panel shall apply to the entire district of the regional court in which it is established.
(2) The President of the Regional Court shall declare the date on which the arbitration court commences its activities in the Official Journal, Slovakia, in the Official Journal of the European Union.
(1) The arbitration panel shall consist of the President, his deputy, the number of professional Judges required and the alternates.
(2) The President of the Arbitration Court, his deputy and the other professional judges shall be appointed by the President of the Regional Court at whose seat the Arbitration Court is situated from among the Judges working at the seat of the Regional Court. The provisions of this Act on the President of the Arbitration Court shall also apply to his Deputy Director.
(3) The arbitration panel shall be attached to the arbitration panel.
Only a Czechoslovak national who has reached the age of 30 has the necessary knowledge and experience, is morally upstanding and statestically and nationally reliable and resides as far as possible in the district court.
(1) The President of the arbitration panel shall determine, taking into account the likely need of the alternates, the number of alternates for the various sectors of the nationalised business and shall request a unified trade union organisation and the relevant central economic organisation to be designated by the Minister of Justice in agreement with the relevant ministers in order to propose, within a reasonable period of time, a sufficient number of suitable persons as appropriate. With regard to the economic organisation in Slovakia, the ministers shall request the opinion of the responsible delegate. If the proposals are not in time, the President of the arbitration panel shall request a proposal from the Regional National Committee, Slovakia, from the College of Authorisers.
(2) Of the persons proposed, the President of the arbitration panel shall establish the necessary number of alternates, separately for each sector of the nationalised business.
(3) The persons appointed by the arbitrators should be informed accordingly. At the same time, you will be included in the list of adjudicating arbitration courts by field.
(1) The associate may refuse to accept or give up office only for important reasons; It shall be for the President of the arbitration panel to examine them.
(2) The President of the Arbitration Court shall, with the prior agreement of the President of the Regional Court, remove the position of associate, if it appears that it does not comply with any of the conditions set out in Article 3, or neglect its duties permanently.
Where the staff member is a member of temporary staff, he or she shall be provided with the time needed to perform his or her duties and shall not be harmed because he or she is a member of the temporary staff or has missed work in his or her employment.
(1) Before the opening of the hearing, the accessionaries shall, once and for all, promise to perform their duties conscientiously and impartially, to remain silent on matters which they learn about during the proceedings and shall not disclose the official secrets of the deliberations and voting.
(2) An associate who does not appear at the hearing without a proper apology at all or at a specified time, who leaves premature proceedings or who otherwise fails to comply with his duties, shall be punished by the President of the arbitration panel by a penalty of order of up to 5 000 Kccs and shall be ordered to pay the costs of the proceedings which he has caused to fail. The President of the Arbitration Court may appeal the order of order and the statement on the reimbursement of costs if the associate so requests and the President considers his apology sufficient. Order fines go to the Treasury.
(1) The costs of establishing and operating the arbitration panel shall be borne by the State.
(2) Office rooms and office staff for the arbitration panel shall be provided by the President of the Regional Court at which the arbitration panel is set up.
(1) The remuneration of the President of the Arbitration Court, his deputy and the professional judges shall be determined by a directive issued by the Minister of Justice in agreement with the Ministers of Industry, Nutrition, Interior, Finance and Health and after hearing the Supreme Price Office.
(2) The function of the adjacent arbitration panel is fair. However, officials shall also be entitled to compensation for final editions and to compensation for loss of earnings from staff and small businesses; In both cases, the President of the Chamber shall be appointed in accordance with the directives issued by the Minister of Justice in agreement with the Ministers of Industry, Nutrition, Health, Finance and Social Welfare after hearing the Supreme Price Office. The right to compensation shall be exercised within 15 days of the end of the arbitration panel proceedings.
The arbitration panel shall be supervised by the presidents of the regional courts in whose district the seat of the arbitration panel is situated; the highest supervision is exercised by the Minister of Justice, according to the terms of the provisions in force on the supervision of ordinary courts.
The courts and public authorities shall comply with the request of the arbitration panel.
(1) The arbitration panel shall act and act in chambers, composed of a professional judge as chairperson and two alternates, of which each party shall appoint one of the lists (§ 4 (3)) from the branch to which it belongs and, if not such associate, from a relative.
(2) The applicant is obliged to appoint an associate already in the application (§ 16), the defendant party within 8 days of the receipt of the application with the invitation to appoint an associate. The President of the Chamber shall invite the Party to appoint an associate within 8 days, also when the associate who has been appointed by the Party has died, been deprived of office or surrendered or has been validly rejected.
(3) The President of the Chamber shall, if not the parties or one of their alternates, call them from among the persons listed in accordance with the principle referred to in paragraph 1.
(1) Exclusion and refusal of members of the arbitration panel are subject to the legal provisions governing the exclusion and refusal of judges in civil proceedings.
(2) The President of the Chamber shall decide on the refusal. The President of the arbitration panel shall decide on the refusal of the President of the Chamber, but if the President of the arbitration panel is rejected, the President of the Regional Court shall decide on the rejection.
(1) The arbitration panel shall have sole jurisdiction in the matters referred to in Paragraph 1 (1).
(2) The local jurisdiction shall be the arbitration panel in whose territory the seat of the national undertaking is situated. Where a national undertaking has a special race outside the perimeter of the relevant arbitration panel, the arbitration panel within whose jurisdiction the latter is located shall be responsible, at the choice of the applicant, in matters relating to that establishment.
(1) Negotiations before an arbitration panel are public.
(2) The public should, however, be excluded whenever, when negotiating, they should come to a shake of things which, by disclosure, could in any way be jeopardised by the interests or defence of the State.
(1) Proceedings before an arbitration panel shall be initiated by bringing an action for revocation or for any other appropriate adjustment to the economically unjustified undertaking of the national undertaking.
(2) An action may only be brought within a year of the date on which the arbitration panel took up its activities (§ 1 (2)). If the national undertaking took over the assets due only later, the period of one year shall begin on the date of the takeover of the insurance company, the date of publication of the Decree pursuant to § 12 of Decree on the nationalisation of private insurance companies No 103 / 1945 Coll.
(3) The provisions of paragraph 2 shall not apply where a claim is made by an undertaking which is or will be applied against a national undertaking before a court or other competent authority.
(1) When the defendant has appointed an associate or when the time limit given to him has expired in vain, the President of the Chamber shall order a year to be held orally by both parties.
(2) The Parties may act alone or through representatives before an arbitration panel. Any person who is not a tenant can be a representative.
(3) If a party duly served (its representative) fails to appear at the hearing, proceedings shall be conducted in its absence, but if both parties do not appear, the proceeding shall be quiet; Be advised in the subpoena.
(4) If the matter fails to be settled by conciliation, the arbitration panel shall proceed with proceedings, six times, unless further provisions of this law provide otherwise, mutatis mutandis, the provisions given for civil disputes in legal proceedings before the courts of the counties, excluding proceedings on minor matters. The arbitration panel shall be required to hear the parties or to give them the opportunity to exercise their position and make their submissions before the arbitration panel gives its ruling. He can question parties and witnesses and experts and take them into oath. Perjury is punishable as perjury in a court of law. The principles applicable to civil disputes apply to management costs. The settlement before the arbitration panel negotiated shall have the same legal effects as the arbitration panel.
(5) The arbitration panel shall act by a majority vote. The meeting shall take place in the absence of the parties.
(6) The ruling of the arbitration panel must be justified. The delivery takes effect between the parties of the final judgment of the ordinary court.
(7) A record shall be drawn up of the proceedings of the arbitration panel; the Registrar shall be appointed by the President of the Regional Court to which the arbitration panel is set up.
(8) There is a dispute in the course of proceedings before the arbitration panel.
It shall assess the economic unjustifications of the undertaking, the arbitration panel shall also take into account the relationship between the mutual rights and obligations of the parties, the importance of the agreed performance for the national undertaking and, as regards the obligations under the service contracts, the content of service contracts of a similar type in other undertakings of the same or related sector. The arbitration panel shall not be bound by a proposal and may, in particular, even if it proposes the withdrawal of an undertaking, in accordance with the principles of decency and effectiveness, reduce or otherwise adjust the undertaking to normal levels. If the undertaking is withdrawn, the arbitration panel may order the national undertaking to pay the defendant a reasonable compensation. The arbitration panel may also, as the case may be, grant the defendant an appropriate refund where it regulates mutual rights and obligations by way of derogation from the original contract.
(1) The ruling of the arbitration panel may be challenged only by an action for ineffectiveness. The provisions of the Civil Rules of the Courts on the grounds for which the arbitration panel's ruling may be sued shall apply mutatis mutandis.
(2) The court responsible for the action shall be the regional court at the seat of the arbitration panel. The time limit for bringing an action shall be 30 days and shall be calculated in accordance with the provisions of the Civil Rules of Procedure on the time limit for bringing an action for the ineffectiveness of the statements of the arbitrators.
(3) The Regional Court is in the process of bringing an action without taking account of the value of the object of the dispute under the provisions in force before it.
(1) Where a claim is made against a national undertaking before a court or other competent authority (§ 16 (3)), the court or other authority shall suspend proceedings for that claim during each period of the proceedings, if the national undertaking objects, recognising that the undertaking is economically unfounded. If, within three months of the date of the interruption, a national undertaking brings an action for annulment or for any other appropriate adjustment of the undertaking, the suspension procedure shall be terminated and the costs shall be cancelled; the arbitration panel may also take account of these costs in its statement. If the national undertaking has not brought an action within that time limit, if the action brought has been withdrawn or the action has been refused or refused, it may be continued in the suspended or suspended proceedings.
(2) Where, in proceedings before a court or other competent authority, a claim for an undertaking which, notwithstanding the issue of economic unfairness, is otherwise contested, the court or other authority shall, if the national undertaking also objects to the economic unfounded undertaking, decide on the other issues at issue and in its decision only determine whether or not the claim on the undertakings is justified. If the case is not dealt with, the final decision is that the right of entitlement to the undertakings is terminated. The provisions of paragraph 1, second and third sentences, shall also apply with the exception that the statement on costs shall remain unaffected.
National companies are also covered by this Act by insurance associations and institutions which have been excluded by the Government from the measures under Section 10, paragraph 1 of Decree on the nationalisation of private insurance companies No 103 / 1945 Coll.
Where, in this law, there is talk of the Land Court, the President of the Land Court and the President of the Regional Court, the main court, the President of the General Court and the President of the Regional Court are understood to mean in Slovakia.
This Act shall take effect on the day of its publication; It shall be implemented by the Minister of Justice in agreement with the Ministers of Industry, Nutrition, Home Affairs, Health, Finance and Social Welfare.
Dr Beneš v. r.
Gottwald v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 228 / 1946 Coll., on Arbitration Courts for the Treatment of Certain Obligations of National Enterprises |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.12.1946 |
|---|---|
| Effective from | 19.12.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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