What is Full text of Act No. 38 / 1971 Coll.?

Full text of Act No. 38 / 1971 Coll., on Economic Arbitration — Economic arbitration law.

When it became Full text of Act No. 38 / 1971 Coll. effectiveness?

Full text of Act No. 38 / 1971 Coll. became effective date not available.

Is Full text of Act No. 38 / 1971 Coll. still valid?

Yes, Full text of Act No. 38 / 1971 Coll. is still valid and effective.

Full text of Act No. 38 / 1971 Coll. - Economic arbitration law

38

_

Announces

the full text of the Act of 19 December 1962, No 121 Coll., on Economic Arbitration, as follows from the amendments and additions made by the Act of 10 November 1965 No 116 Coll., by the statutory measures of the Bureau of the National Assembly of 10 November 1967 No 106 Coll., and by the Law of 21 December 1970 No 139 Coll.

THE LAW

on economic arbitrage

The National Assembly of the Czechoslovak Socialist Republic decided on this law:

In order to fulfil the tasks of the State Plan for the Development of the National Economy and the maximum satisfaction of its needs, the notified cooperative cooperation of socialist organisations, carried out on the basis of the continuous expansion of the participation of workers in the management of the economy, is crucial.

Economic arbitrage also contributes to the consolidation of this cooperation and to the consistent application of social interests on the supply-customer relationship section.

Část první

Preliminary provisions

§ 1

Economic arbitration shall perform the following main tasks in the organisation, modification and control of supply and property relations (hereinafter referred to as "economic relations' between socialist organisations:

(a) discuss and decide economic disputes between socialist organisations (§ 2);

(b) the educational activity helps, within its scope, to organise and develop cooperation and mutual assistance relationships between socialist organisations and to actively engage in such organisations in order to improve their activities, to increase responsibility for the proper and timely conclusion and implementation of economic contracts in accordance with the planned tasks and to consolidate the chozrasčot;

(c) draw the attention of the competent authorities to defects in the activities of socialist organisations, where appropriate proposing measures to remedy these defects;

(d) collect and generalise knowledge of its activities and continuously examine the causes of the defects.

§ 2

(1) Economic disputes between socialist organisations which discuss and decide on economic arbitrage are in particular:

(a) disputes concerning the conclusion, amendment or cancellation of economic contracts under the rules on economic contracts or similar measures to ensure the performance of the tasks of the national development plan (pre-contractual disputes);

(b) property disputes;

(c) disputes over the basic conditions of supply.

(2) Economic arbitration

(a) disputes arising from transport contracts relating to the import or export of goods or relating to transit;

(b) disputes concerning damages arising from contracts for the control of goods between foreign trade undertakings; and

(c) disputes between the trade union body and the organisation for compensation arising from malpractice in carrying out sickness insurance.

These disputes are settled by the courts.

(3) Economic arbitrage is not further decided by disputes to which another authority is competent under specific rules.

§ 2a

(1) Economic arbitrage is discussed and the economic disputes concerning compensation for damages between organisations and economic management bodies are also decided upon in cases where, under special rules, that authority is liable for damages.

(2) The Government may determine in which other cases economic arbitrage is discussed and decided by disputes between economic management bodies and organisations arising from the proceedings.

§ 3

If the economic arbitrage states that the dispute is not within its competence, the court or another authority is bound by it, even if it is a dispute which has been referred to the economic arbitrage.

§ 4

In its activities, economic arbitrage is governed by the laws and principles of economic policy of the Czechoslovak Socialist Republic. It promotes national economic interests against narrow local, corporate and, where appropriate, departmental interests. It shall ensure the consolidation of state, in particular planning, contract and financial discipline, in particular the provision and performance of the tasks set out in the national economic development plan. If the economic arbitrage when discussing economic disputes is found that measures implemented by socialist organisations or authorities concerning economic relations between socialist organisations are contrary to the laws or principles of economic policy of the Czechoslovak Socialist Republic, in particular to the resolutions of the Party and Government or to the tasks of the State Plan for the Development of the National Economy, the authorities or organisations or their superior authorities shall immediately notify and seek redress (§ 45).

Část druhá

Organisation of economic arbitrage

Oddíl první

Organisation of arbitration bodies

§ 5

The economic arbitrage authorities form a unified system managed to the extent determined by the main arbitration of the Czechoslovak Socialist Republic.

§ 6

(1) The economic arbitrage authorities are:

a) State Arbitration of the Czechoslovak Socialist Republic in Prague; the military component is part of it,

b) State Arbitration of the Czech Socialist Republic in Prague and State Arbitration of the Slovak Socialist Republic in Bratislava,

(c) regional State arbitration.

(2) The Government of the Czech Socialist Republic and the Government of the Slovak Socialist Republic establish and abolish regional state arbitration, determine their respective areas of competence and determine their locations.

(3) The Government of the Czechoslovak Socialist Republic may establish special economic arbitrage and determine their status and scope for the duration of the need.

§ 7

(1) The main arbitrator of the Czechoslovak Socialist Republic is the State Arbitration of the Czechoslovak Socialist Republic. The head of the State Arbitration of the Czech Socialist Republic is the main arbiter of the Czech Socialist Republic and the head of the State Arbitration of the Slovak Socialist Republic is the main arbiter of the Slovak Socialist Republic. Head of regional state arbitration is its leader.

(2) The Federal Ministry of Defence is the personal office of soldiers and other workers active in the military branch of the Czechoslovak Socialist Republic's State Arbitration.

§ 8

(1) The State Arbitration of the Czechoslovak Socialist Republic has the status of the Central Authority of the Czechoslovak Socialist Republic. State Arbitration of the Czechoslovak Socialist Republic

(a) monitor the decisions of the State Arbitration of the Republics and supervise the legality of the decisions of all Arbitration Authorities;

b) prepare and submit in cooperation with the State Arbitration of the Czech Socialist Republic, the State Arbitration of the Slovak Socialist Republic and other participating central bodies to the Government of the Czechoslovak Socialist Republic analyses and draft measures;

(c) carry out a survey of how the legal order operates in the field of economic relations of socialist organisations, prepares draft legislation or cooperates in their preparation;

d) Observes, as a rule through the State Arbitration of the Czech Socialist Republic and the State Arbitration of the Slovak Socialist Republic, to ensure proper and timely contractual provision of the particularly important tasks provided for by the Government of the Czechoslovak Socialist Republic, namely central and other bodies, and to assist its synergies in ensuring their fulfilment;

(e) issue, where it is empowered by law, generally binding legislation within its limits;

(f) in order to ensure a consistent interpretation of legislation in the field of economic relations of socialist organisations and decision-making uniformity, it adopts opinions on serious legal issues and, to this end, also calls regular meetings of the arbitration authorities, issues guidelines and guidelines for the activities of all economic arbitrage bodies and carries out a survey of their work;

(g) develop international cooperation within its competence.

(2) The State Arbitration of the Czechoslovak Socialist Republic cooperates with the ministries and other federal authorities in the performance of its tasks and makes use of the practical experience and knowledge acquired by these authorities in managing the entrusted sections of the national economy.

§ 8a

The State Arbitration of the Czech Socialist Republic and the State Arbitration of the Slovak Socialist Republic have the status of a central body of the state administration of the respective Republic. These arbitrages

(a) maintain regional state arbitrage and oversee the legality of decisions and their other activities;

(b) prepare and submit analyses and proposals for action to the governments of the Republic;

(c) ensure proper and timely contractual provision of the particularly important tasks set out by the Government of the Czechoslovak Socialist Republic, as well as of the tasks set out by the Governments of the Republics, namely the central and other bodies of these Republics and the national committees, and assist in their activities to ensure their fulfilment;

(d) after discussion, the State Arbitration of the Czechoslovak Socialist Republic shall issue instructions for the operation of the State Arbitration and shall convene regular meetings of the Arbitration Authorities and the assets of economic lawyers;

(e) cooperate in the performance of their tasks with the ministries and other central authorities and national committees of the relevant Republics and make use of the experience and knowledge acquired by them in the management of the entrusted sections of the national economy.

§ 9

(1) The Chief Arbiter of the Czechoslovak Socialist Republic and his first deputy is appointed and recalled by the Government of the Czechoslovak Socialist Republic. If the main arbitrator of the Czechoslovak Socialist Republic is a citizen of the Czech Socialist Republic, his first deputy is a citizen of the Slovak Socialist Republic or vice versa. The main arbitrator of the Czechoslovak Socialist Republic is responsible to the Government of the Czechoslovak Socialist Republic for the proper operation of the economic arbitrage authorities. Appoints and removes the State Arbitration Arbitration of the Czechoslovak Socialist Republic appropriately from the citizens of both Republics; If it is the personnel of the military component of the Czechoslovak Socialist Republic's State Arbitration, it does so in agreement with the Minister of National Defence. Chief of the Military Service is Deputy Chief Arbiter of the Czechoslovak Socialist Republic; represent him in matters relating to the protection and security of the State.

(2) The main arbiter of the Czech Socialist Republic and the main arbiter of the Slovak Socialist Republic is appointed and recalled by the government of the relevant Republic on the proposal of the main arbiter of the Czechoslovak Socialist Republic. The main arbiter of the Czech Socialist Republic and the main arbiter of the Slovak Socialist Republic are responsible for the proper operation of the State Arbitration of the Czech Socialist Republic and the State Arbitration of the Slovak Socialist Republic and the regional State Arbitration of the Government of the relevant Republic and the main Arbiter of the Czechoslovak Socialist Republic. The main arbiters of the Czech Socialist Republic and the Slovak Socialist Republic name the State Arbiters of the Czech Socialist Republic and the State Arbitration of the Slovak Socialist Republic.

(3) The Head of the Regional State Arbitration and State Arbiters of these Arbitrations is appointed and recalled by the Central Arbiter of the Czech Socialist Republic in the territory of the Czech Socialist Republic and the Slovak Socialist Republic in the territory of the Slovak Socialist Republic. The Head of the Regional State Arbitration directs the work of these Arbitration Arbitration and is responsible for the main Arbiter of the Czech Socialist Republic or the Slovak Socialist Republic for their activities.

§ 10

(1) Members of the Presidium of the State Arbitration of the Czechoslovak Socialist Republic are the main arbiter of the Czechoslovak Socialist Republic, the first deputy chief arbiter of the Czechoslovak Socialist Republic, the main arbiter of the Czech Socialist Republic and the main arbiter of the Slovak Socialist Republic. When matters relating to the protection and security of the State are under discussion, the Presidium chief of the military component shall also be involved.

(2) Presidium of the State Arbitration of the Czechoslovak Socialist Republic in particular

(a) decide on the annulment of the decision of the economic arbitrage authority and on the order for the dispute to be renegotiated in the cases referred to in Paragraph 42. The presidium may be valid for a resolution in the presence of a majority of its members. In the event of a tie, the proposal shall not be adopted,

(b) discuss draft legislation on economic relations of socialist organisations prepared by the State Arbitration of the Czechoslovak Socialist Republic;

(c) discuss analyses and proposals for measures submitted to the Government of the Czechoslovak Socialist Republic or the Government of one of the two Republics;

(d) discuss 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.

(3) The Presidium approves the Rules of Procedure of the State Arbitration of the Czechoslovak Socialist Republic.

§ 11 - zrušen

§ 12 - zrušen

Oddíl druhý

Jurisdiction

§ 13

State Arbitration of the Czechoslovak Socialist Republic

The state arbitration of the Czechoslovak Socialist Republic is discussing and deciding

(a) pre-contractual and property disputes in which at least one of the parties is the Federal Ministry of Defence or another Federal Central Authority or in which at least one of the parties is subordinate to the Federal Ministry of Defence;

(b) pre-contractual and property disputes concerning supplies and subcontracting necessary to ensure the defence and security of the State or supplies in the field of material State reserves;

(c) disputes over the basic conditions of supply;

(d) disputes referred to in Section 2a between bodies and organisations managed by the Federal Ministry (Central Authority).

§ 13a

State Arbitration of the Czech Socialist Republic and State Arbitration of the Slovak Socialist Republic

(1) The State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic, unless the State Arbitration of the Czechoslovak Socialist Republic is competent, is discussed and decided

(a) pre-contractual and property disputes in which at least one of the parties is the Ministry or other central body of the Czech Socialist Republic or Slovak Socialist Republic;

(b) the disputes referred to in Article 2a.

(2) 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 (organisation) against which the arbitration application is directed or against which an own-initiative procedure is initiated and, if there is more than one, the seat of any of them.

§ 14

Regional State Arbitration

(1) Regional State arbitration is discussing and deciding economic disputes for which there is no other competent economic arbitrage authority.

(2) The local jurisdiction of the regional State arbitrage shall be governed by the headquarters of the organisation against which the arbitration application is directed or against which an own-initiative procedure is initiated and, if more than one, the seat of any of them.

(3) In the case of investment construction imposed by the Government, local jurisdiction in disputes between the supplier and the investor shall be governed by the place where the investment is carried out. In order to discuss and settle disputes concerning supplies for export or import or supply of export investment units, if at least one of the parties is an organisation in charge of foreign trade, the relevant State arbitration exercising the jurisdiction of the regional State Arbitration for the territory of the capital of Prague or for the territory of the capital of the Slovak Socialist Republic of Bratislava shall be the relevant; local jurisdiction shall be governed by the headquarters of the organisation responsible for conducting foreign trade and shall be governed by the provisions of paragraph 2 if there is a dispute between such organisations.

§ 15 - zrušen

§ 16 - zrušen

§ 17

The economic arbitrage in respect of which proceedings have been initiated in accordance with the provisions on jurisdiction remains competent, even if the conditions for jurisdiction have changed during the proceedings.

§ 18 - zrušen

§ 19

(1) The main arbiter of the Czech Socialist Republic or the main arbiter of the Slovak Socialist Republic determines which economic arbitrage body will discuss and decide the economic dispute if doubts arise as to the jurisdiction between regional state arbitrage in the same Republic or between the State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic and the regional State Arbitration conducted by it; in other cases the jurisdiction of the main arbitration of the Czechoslovak Socialist Republic is determined.

(2) The principal arbitration of the Czechoslovak Socialist Republic may determine jurisdiction for certain types of disputes or disputes of certain socialist organisations or for individual disputes other than those provided for in Sections 13, 13a and 14.

Část třetí

Arbitration

§ 20

Initiation

Economic arbitration shall be initiated at the request of the organisation, on its own initiative or at the initiative of the principal arbitrator of the Czechoslovak Socialist Republic.

§ 21

Arbitration request

(1) The arbitration request shall contain an indication of the facts and evidence on which it is based and a proposal as to how it is to be decided.

(2) The organisation must attach to the arbitration request a written proof that it has attempted reconciliation, proof of payment of the arbitration fee, provided that its payment is provided in advance (§ 44) and documents justifying its proposals. The same copy of the arbitration request must be sent simultaneously to the organisation against which the arbitration request is directed.

§ 22

Removal of defects of arbitration request

(1) If an arbitration request is not sufficient for consideration or if the necessary documents are not attached to it, the economic arbitrage shall invite the organisation which made the request to remove the affected defects within a period which it shall at the same time lay down and inform it that it will refuse the request if the organisation does not comply with the call within a specified period.

(2) If the organisation removes the affected defects within the time limit set, the application shall be without defects from the outset; If they do not, the economic arbitrage shall reject the request.

§ 23

Expression of arbitration request

The organisation against which the arbitration request is directed shall, in pre-contractual disputes at the latest within 5 days and in other economic disputes within 10 days of receipt of the copy of the arbitration request, send the economic arbitrage an opinion on the arbitration application and at the same time a copy to the organisation which submitted the arbitration request and, where appropriate, to other organisations involved in the resolution of the dispute. In particular, the statement on the arbitration request, the indication of the facts as well as the evidence referred to by the organisation, the necessary documents and a proposal as to how the dispute should be decided.

Evidence

§ 24

(1) Economic arbitrage is required to ensure that the facts which are relevant to the decision are identified accurately and completely. In this respect, it also determines how the facts are to be established and which evidence is to be carried out. Evidence shall be carried out in particular by documents, expert reports, written declarations and, where appropriate, on-the-spot investigations.

(2) Organisations between which there is an economic dispute are required to cooperate in order to establish precisely and fully the facts relevant to the decision.

§ 25

(1) Everyone is required, upon request of the economic arbitrage, to communicate the information, to provide explanations, reports or proposals, as well as to submit the documents which the economic arbitrage needs in the course of its activities, to appear and to testify before it truthfully and fully about all the circumstances to which it will be asked.

(2) Where the proof is carried out by a search of the place or item, each shall be required to permit the inspection or, where appropriate, to present the case.

(3) If special expertise is needed to assess the economic dispute, the economic arbitrage of the expert opinion *)

(4) Economic arbitrage assesses the various means of proof, taking into account all the circumstances of the case.

§ 26

Specific authorisation of economic arbitrage

(1) Economic arbitrage is not bound by proposals from organisations between which there is an economic dispute.

(2) Economic arbitration may establish, alter or abolish a legal relationship between organisations between which there is an economic dispute.

§ 27

If the condition laid down in the special provisions for the payment of the amount of money to the State budget is met, the economic arbitrage shall be determined in the decision without extending the procedure to the competent financial authority which organisation and what amount it is obliged to transfer to the State budget. The decision shall also specify the institution in whose budget the amount is to be paid. It shall also send the same copy of the decision to that authority. Such a decision is the basis for a write-off from a compulsory organisation account with a money institution (§ 40).

§ 28

Stopping arbitration proceedings

If the reason for the arbitration proceedings is lost before the decision of the dispute has been taken, the economic arbitrage shall cease and, if necessary, shall decide on the arbitration fee.

§ 29

Order fines

(1) An organisation which has infringed state, in particular planning or contractual discipline, knowingly misstated false information, has deliberately initiated proceedings, has failed to submit observations on the arbitration application within the prescribed time limit, or is arbitrarily extending the procedure, may impose an economic arbitrage fine up to 10 000 Kns.

(2) For those who fail to comply with an obligation imposed by the provisions of Paragraph 25 (1) and (2) or who abolish arbitration, economic arbitrage may, after prior notice, impose an order-by-order fine of up to 500 Ccs.

(3) The fines provided for in paragraphs 1 and 2 may be reimposed.

Arbitration

§ 30

(1) The economic dispute is discussed by the arbitrator, together with the representatives of the organisations between which it was created, and the negotiations are managed in such a way that a solution is jointly agreed which is consistent with the social interests of the Union. If the organisation is satisfied, the arbitration will approve the agreement. However, if their agreement would be contrary to legislation, the principles of the economic policy of the Czechoslovak Socialist Republic, or if the organisation fails to agree, the arbitration dispute will decide itself. The approved agreement shall have the effects of the decision of the dispute. An economic dispute with a complex issue can be discussed and decided by several arbiters, one of whom presiding.

(2) Where there is a need for workers of a socialist organisation to be aware of the results of arbitration proceedings, in particular the importance of securing a task or the consequences of breach of contract discipline, arbitration shall be conducted directly at the workplace.

§ 31

(1) Economic arbitration shall discuss and decide disputes if there are serious grounds for doing so, as determined by the Chief Arbitration Officer in the three or five-member Arbitration Commission.

(2) The main arbitrator of the Czechoslovak Socialist Republic, in agreement with the participating central authorities and, where appropriate, the management of the organisations, shall appoint, on a case-by-case basis, excellent staff from among the various fields of activity, in particular improvement workers and members of the brigades of socialist work proposed by the Central Council of Trade Unions (*), personnel to be called as members of the arbitration commissions by the Czechoslovak Socialist Republic. Similarly, on a proposal from the Regional Trade Council (for regional state arbitrage) or the Central Committee of the relevant trade union (for departmental and cooperative arbitrage) * *, the heads of the other economic arbitrage bodies shall appoint workers to call such economic arbitrage as members of the arbitration commissions.

(3) The arbitration panel shall conduct an arbitration meeting, which shall be chaired by the arbitration panel. Members of the Commission shall have the right to ask questions, express themselves and make proposals. The Commission shall act by a majority vote.

(4) The members of the arbitration panels are entitled to compensation for the salary which they have missed in carrying out this function. Replacement of travel expenses shall be the responsibility of the member of the arbitration panel in accordance with the applicable rules on travel expenses. The compensation shall be provided to members of the arbitration panel by their employer.

§ 31a

(1) The economic disputes referred to in Section 2a of the State Arbitration of the Czechoslovak Socialist Republic, or the State Arbitration of the Czech Socialist Republic, or the State Arbitration of the Slovak Socialist Republic, are discussed and decided by the Arbitration Commission of the State Arbitrator of the relevant economic arbitrage and the managers of the relevant central government bodies. These members shall be appointed by the relevant principal arbitrator in agreement with the head of the relevant central authority.

(2) If the main arbiter of the Czech Socialist Republic or the main arbiter of the Slovak Socialist Republic is responsible for deciding the dispute between the National Committee and its managed organisation, he will appoint in a similar manner the members of the committee to discuss and decide the dispute.

§ 32

In order to strengthen democratic principles, individual economic disputes may also be discussed and decided by an arbitrator chosen by the participating organisations for a particular dispute. The arbitration panel shall, in accordance with the principles of this Act, issue the main arbitration of the Czechoslovak Socialist Republic.

§ 33

Economic arbitration shall ensure that the work of arbitrators and arbitrators is consistently improved and shall facilitate the development of other forms of participation by workers in the arbitration activities.

§ 34

Economic arbitrage shall be debated and decided by pre-contractual disputes within 15 days, other economic disputes within 30 days of the initiation of the arbitration procedure. The economic arbitrage manager may, where justified, extend those time limits.

Decision

§ 35

(1) The arbitration decision contains an arbitration statement and its justification.

(2) The reasoning must show the facts on which the decision is based and how the evidence was assessed. The justification must be convincing to show the correctness of the decision, to strengthen the cooperation of socialist organisations and to educate them to carry out their duties in an orderly and voluntary manner.

(3) The arbitration decision is intended to fully resolve the entire subject matter of the economic dispute. If appropriate, economic arbitrage may decide on certain parts of the negotiations separately. The decision must specify the obligations it imposes. It may also impose an obligation to inform the outcome of the deliberations and decisions of the collective working organisation.

§ 36

The arbitration decision is final and there is no appeal against it. It shall normally be announced immediately after the arbitration meeting has been concluded. The decision shall become final by delivery. If there is a danger of delay, the arbitrator, if representatives of the organisations are present, may provide that the decision is already taken by its announcement.

§ 37

(1) In property disputes of up to 50 000 Kčs, the arbitrator may also decide the dispute without arbitration, on the basis of written statements by the parties and the evidence submitted, and, where appropriate, the investigation carried out. Exceptionally, this can also be decided in other property and other economic disputes, provided that the subject matter of the dispute is fully clarified in this way.

(2) Economic arbitration may also conduct arbitration negotiations and decide in the absence of organisations between which there is a dispute, provided that the arbitration negotiations have been notified in advance.

§ 38

Arbitration payment order

(1) On the proposal or on its own account, economic arbitrage may decide to settle a claim dispute of up to 20 000 Kčs by arbitration order issued without hearing the organisation against which the arbitration request is directed. The arbitration order shall order the organisation against which the arbitration request is directed to pay the applicant the sum of the money referred to therein or to submit reasoned objections in writing to the economic arbitrage and at the same time send a copy to the applicant.

(2) The objection to the arbitration order must be submitted to the economic arbitrage within 15 days of its delivery.

(3) Economic arbitration shall refuse objections if they have been submitted late or are not justified.

(4) If the organisation against which the arbitration request is directed does not object, or if the arbitration pursuant to paragraph 3 has refused to object, the arbitration order shall have the legal effects of the decision.

(5) If objections were submitted in due time, stating the reasons, the arbitration payment order in the contested part is hereby repealed. Economic arbitrage is then carried out in accordance with the provisions on arbitration.

Compliance with the decision

§ 39

Organisations shall comply with the arbitration decision within the time limit set by it and, if the time limit has not been set, within 15 days of the date on which the decision became final. The expiry of that period shall render the decision enforceable. At the request, the economic arbitrage shall indicate the enforceability of the decision clause.

§ 40

(1) The decision imposing a financial contribution on the organisation, including fines, fees and charges, to a State budget which has not been met within the time limit referred to in Article 39 shall be made by debiting the debtor's account with the money institution in accordance with specific rules.

(2) The decision imposing a non-cash performance on the organisation may impose an economic arbitrage fine of up to 100 000 CZK. This fine may be reimposed.

(3) A decision may only be taken if the approved organisation has requested its enforcement within one year of the expiry of the time limit set for performance and if the time limit has not been set, within one year of the legal power of the decision; otherwise her right shall cease. This is also the case when economic disputes are decided by courts or other bodies (§ 2 (3)).

Review of the arbitration decision

§ 41

(1) If, by decision of the Regional State Arbitration, the laws or principles of economic policy of the Czechoslovak Socialist Republic have been infringed, the State Arbitration of the Czech Socialist Republic, or the State Arbitration of the Slovak Socialist Republic, on a proposal or on its own initiative, may, within two months of the legal authority of the decision to amend or revoke the decision and order the dispute to be renegotiated or may take other measures. If there are particularly urgent reasons, it may exceptionally do so after that period.

(2) Under the same conditions, the State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic can take the same action in disputes discussed and determined.

(3) An application for review pursuant to paragraph 1 or paragraph 2 may be made by the organisation or body which is a party to the dispute within 15 days of receipt of the decision. It's served by the economic arbitrage that's decided. The proposal shall be signed by the statutory body of the organisation and a copy thereof shall be sent simultaneously to the other organisation. The application for review shall be accompanied by the necessary documents and proof of payment of the arbitration fee for the review of the decision.

(4) In cases where the relevant main arbiter so provides, the decision shall be reviewed by three arbiters, of which the arbiter designated by the main arbiter shall be chaired; If the nature of the present case so requires, this shall be a review with the participation of organisations. Otherwise, the provisions of Part Three shall apply mutatis mutandis to review negotiations.

Citation	Full text of Act No. 38 / 1971 Coll., on Economic Arbitration
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	04.06.1971
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 38 / 1971 Coll.

Economic arbitration law

Contents