Communication from the Ministry of Foreign Affairs No. 268 / 1997 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Rules of the Arbitration Commission of the Customs Union between the Czech Republic and the Slovak Republic
Valid
International Treaty
Effective from 08.08.1997
Text versions:
24.10.1997
268
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that the Rules of the Arbitration Committee of the Customs Union between the Czech Republic and the Slovak Republic were signed in Prague on 25 November 1996.
The Rules of the Arbitration Commission of the Customs Union have been approved by Parliament of the Czech Republic and ratified by the President of the Republic.
The rules on the basis of Article 11 (4) of the Treaty entered into force on 8 August 1997.
The Czech version of the Rules is announced simultaneously.
RULES
Customs Union Arbitration Committee
between the Czech Republic and the Slovak Republic
The Czech Republic and the Slovak Republic, pursuant to Article 36 (4) of the Treaty establishing a customs union between the Czech Republic and the Slovak Republic, signed on 29 October 1992, agreed as follows:
1. The Rules of the Arbitration Commission of the Customs Union between the Czech Republic and the Slovak Republic (hereinafter referred to as "the Rules") shall apply to the settlement of disputes arising from the Treaty establishing a customs union between the Czech Republic and the Slovak Republic (hereinafter referred to as "the Treaty"), in particular to determine whether and how the Contracting Party has infringed this Treaty.
2. These rules apply in particular to decisions on matters relating to the trade and customs policy of the Contracting Parties, to ensuring the free movement of goods and services between the Contracting Parties, including the principle of non-discrimination and the adoption and implementation of legal standards in the areas covered by the Treaty.
Customs Union Arbitration Committee
1. Disputes arising from the Treaty shall be settled by the Arbitration Commission of the Customs Union (the Arbitration Commission), which shall be made up on a case-by-case basis and shall be of three members.
2. An arbitrator may be a natural person eligible to be appointed to such office by experts, in particular focusing on knowledge of international law and trade policy.
3. The arbitrator shall be independent in the performance of his duties and shall not have the status of representative of a Contracting Party. The arbitrator shall be bound by confidentiality of any facts which he becomes acquainted with during the arbitration procedure. It may be waived if the Council of the Customs Union (hereinafter referred to as the Council) so decides.
4. The Government of each Contracting Party shall appoint one arbitrator. The arbitrator shall be appointed in the application to initiate the arbitration procedure or within 30 days of the date of receipt of the application to initiate the arbitration procedure and its name and address shall be forwarded to the other Contracting Party and to the Permanent Secretariat of the Council of the Customs Union (hereinafter referred to as Secretariat).
5. Within 15 days of the appointment of the two arbitrators, the Secretariat shall convene their meetings to agree on a third arbitrator. The third arbitrator shall be agreed no later than 40 days after this meeting. The date of establishment of the third arbitrator shall be the date of establishment of the Arbitration Commission.
6. The third arbitrator agreed upon by the arbitrators appointed by the Governments of the Contracting Parties shall be chairman of the Arbitration Committee.
7. The arbitration panel shall transmit to it immediately after the establishment of the arbitration panel any supporting documents it has received in relation to the case.
1. If the arbitrators do not agree on a third arbitrator within the time limit set, the Secretariat shall request the Council without delay after that period and after consulting them on the appointment of the third arbitrator.
2. The Council shall meet and decide on the appointment of the third arbitrator within 15 days of receipt of the request referred to in paragraph 1.
Replacement of the arbitrator
In the event of failure to act by an arbitrator in the Arbitration Committee for more than three months, the arbitrator shall be dismissed by the arbitrator by whom he has been established. If a new arbitrator is to be set up, the procedures laid down in Articles 2 and 3 shall be followed accordingly.
Application to initiate arbitration
1. An application for the initiation of an arbitration procedure by the Council or a Contracting Party through its Government may be submitted only after a mutually satisfactory solution has not been reached at the Council's meeting.
2. The proposal to initiate an arbitration procedure by the Council shall be transmitted without delay through the relevant member of the Council to the Government of each Contracting Party.
3. The draft arbitration procedure submitted by the Contracting Party through its Government shall be sent by the proposing Contracting Party through diplomatic channels to the other Contracting Party and a copy thereof shall be sent to the Secretariat.
4. The application to initiate the arbitration procedure shall contain a definition of the alleged infringement of the Treaty and its justification, a description of the factual and material facts evidenced by the evidence relied on by the appellant, a draft statement of the Arbitration Committee, the date and signature of the appellant or, respectively, the agent. An application for the initiation of an arbitration procedure submitted by a Contracting Party shall be accompanied by the appointment document of the arbitrator and the power of attorney. The proposal to initiate the arbitration procedure by the Council shall also include a request from both Contracting Parties for the wording of the draft opinion of the Arbitration Commission.
Comments on the proposal to initiate the arbitration procedure
1. Where a proposal to initiate an arbitration procedure is submitted by the Council, the Government of each Contracting Party to the Secretariat shall submit written observations on the proposal to initiate the arbitration procedure within 60 days of receipt of the arbitration procedure.
2. Where an application for the opening of an arbitration procedure is made by one of the Contracting Parties, the Government of the other Contracting Party shall submit written observations on the application for the initiation of an arbitration procedure within 60 days of its receipt.
3. That statement shall contain an opinion on the proposal to initiate the arbitration procedure and on the arguments and arguments relied on.
Arbitration procedure
1. The arbitration panel shall act without unnecessary formalities as efficiently, economically and as quickly as possible in order to establish objectively the facts and the legal situation of the case and in such a way as to treat the two Contracting Parties in the same way. In doing so, it will give both Contracting Parties the same opportunity to defend their rights.
2. The arbitration panel shall, at its first meeting, issue a resolution announcing the initiation of the arbitration procedure, the date of establishment and composition of the arbitration panel and, where appropriate, the date and place of the next meeting. The first meeting of the Arbitration Commission shall also be the date of the opening of the arbitration procedure and shall take place no later than 15 days after the establishment of the Arbitration Commission. At the first hearing, the Arbitration Commission shall decide on any objection to its competence to examine the case and any objection to the defects in its establishment. The arbitration procedure shall always take place on the territory of the customs union.
3. The Contracting Parties shall be represented before the Arbitration Committee by their agents appointed by the Governments of the Contracting Parties no later than the submission of their observations on the proposal. The full power of the agent shall be annexed to the proposal for the opening of the arbitration procedure or to the observations on the proposal or shall be forwarded at the same time as the appointment of the arbitrator. Authors may use the assistance of advisers when negotiating. The agents and advisers shall be bound by confidentiality of all facts which they shall acquaint themselves with during the arbitration procedure. Confidentiality may be removed, if the Council so decides.
4. Any contact between the Arbitration Commission and the Contracting Party shall take place through an agent. The arbitration panel may request the Contracting Parties to submit further evidence or documents within a specified time limit. The arbitration panel shall notify the agents in writing of the dates and agenda of the negotiations, deliver to them protocols and resolutions and notify them of any other facts relating to the arbitration procedure.
5. The arbitration procedure shall be private and may take place if at least two arbitrators are present. The absence of an arbitrator at the arbitration procedure is justified only for objective reasons. The arbitration procedure shall be managed by the Chairman of the arbitration panel or by an arbitrator authorised by it.
6. Each meeting of the Arbitration Commission shall draw up a protocol signed by the arbitrators present at the hearing. The Protocol shall specify in particular the conduct of the negotiations, the evidence submitted or proposed and other proposals concerning the negotiations.
7. The delegate of each Contracting Party shall be entitled to consult the arbitration panel's documentation and to obtain extracts and copies thereof.
8. Each Contracting Party shall, in support of its proposals and claims, propose evidence which makes the documents and statements of witnesses, experts and other persons considered useful in the light of the circumstances of the case. The arbitration panel may, at its discretion, take into account other evidence which it considers necessary to establish the facts of the case, such as the appointment of an expert. The arbitration panel shall decide on the basis of the evidence at its disposal.
9. The Contracting Parties shall refrain from taking any steps that might complicate the deliberations of the Arbitration Commission or affect the outcome of the arbitration procedure.
10. The arbitration procedure shall not exceed six months from the date of its initiation, in particularly complex cases it may be extended to a maximum of 12 months.
11. All procedural matters shall be decided by the Chairman of the Arbitration Committee. However, if a member of the Arbitration Committee so requests, such a decision shall be taken by a majority of its members.
Termination of arbitration
1. At the end of the arbitration procedure, the arbitration panel shall issue a resolution on the admissibility of the withdrawal of the application to initiate the arbitration procedure, the decision to conclude the conciliation, the decision to terminate the procedure or the decision on the matter.
2. Withdrawal of the proposal in writing may be done by the Contracting Party which has made the application for the initiation of the arbitration procedure by means of its Government or by the Council if it has made a proposal for the initiation of the arbitration procedure.
3. Withdrawal may take place at any time during the arbitration procedure before the decision is taken and only with the agreement of the other Contracting Party. The agreement of the Contracting Parties shall not be required to withdraw the proposal to initiate the arbitration procedure submitted by the Council. In such cases, the arbitration procedure shall be terminated by a resolution of the Arbitration Commission.
4. At any time in the course of the arbitration procedure, the Parties may conclude a settlement on which the Arbitration Commission shall take a written decision. This Decision shall contain the same particulars as that referred to in paragraph 5 of this Article, except for a justification to be given only if the Contracting Parties so agree.
5. If the proposal is not withdrawn or the settlement is concluded, the Arbitration Commission shall take a decision on a case in writing and shall give its consent to at least two arbitrators. This Decision shall contain the date and place of its adoption, a clear and unambiguous statement and a reasoned statement, or a time limit for implementation, and shall be signed by all arbitrators.
6. If, in the course of the arbitration procedure, the impossibility of continuing the proceedings is demonstrated or the reason for the proceedings is rejected, the arbitration panel shall, after prior agreement of the Contracting Parties, issue a decision to terminate the proceedings stating the reasons for the termination of the proceedings.
7. The arbitration panel shall immediately forward the decisions referred to in this Article to the Governments of the Contracting Parties and the Secretariat.
8. The order on the admissibility of the withdrawal of the application, the decision to conclude the conciliation, the decision to terminate the procedure and the decision on the case shall be final and binding on both Contracting Parties, the submission of a new proposal under these rules on the same subject shall not be permitted.
Costs of arbitration
1. Each Contracting Party shall bear its own costs of arbitration. The costs associated with the activities of the third arbitrator, the costs of interpretation, translations provided by the Secretariat, and other extraordinary costs related to arbitration shall be borne equally by the Parties.
2. The Secretariat may request the same reasonable advance from both Contracting Parties to cover such expenses.
3. Upon completion of the arbitration procedure, the Secretariat shall charge all costs and advances provided and shall repay any overpayments within three months of the completion of the procedure. The Contracting Parties shall pay the amount due within three months of receipt of the Secretariat's bill.
Archiving
1. Within 30 days of the completion of the arbitration procedure, the Chairman of the Arbitration Committee shall submit all documents relating to it to the Secretariat to ensure its archiving.
2. The provisions of paragraph 1 shall apply mutatis mutandis even if the arbitration procedure in the case has not taken place.
3. The Secretariat shall, during the period of validity of the Treaty, keep records of the arbitration procedures. In the event of termination of the Treaty, the competent authorities of the Contracting Parties shall agree on the method of archiving.
Final provisions
1. The time limits laid down in these rules shall begin to run on the day following the date on which the written document was delivered. If the last day of the period is not the working day in the State to which the written document was served, the period shall end on the next working day.
2. The official languages of arbitration are Czech and Slovak.
3. The arbitration panel shall issue a resolution or decision in the Czech and Slovak languages, both texts being equally authentic.
4. These rules shall be subject to the national approval of each Contracting Party and shall enter into force on the date of service of a later note of such approval.
Dane in Prague on 25 November 1996 in two original copies, each in the Czech and Slovak languages, the two texts being equally authentic.
For the Czech Republic:
Ing. Vladimir Long CSc. v. r.
For the Slovak Republic:
Karel Česnek v. r.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 268 / 1997 Coll., on the negotiation of the Rules of the Arbitration Commission of the Customs Union between the Czech Republic and the Slovak Republic |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.10.1997 |
|---|---|
| Effective from | 08.08.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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