Decree No. 47 / 1975 Coll.
Decree of the Federal Ministry of Foreign Trade of the New Order of the Arbitration Court of the Czechoslovak Chamber of Commerce
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Effective from 01.06.1975
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47
DECLARATION
Federal Ministry of Foreign Trade
of 24 March 1975
announcing the new Order of the Arbitration Court of the Czechoslovak Chamber of Commerce
The Foreign Trade Minister shall establish, pursuant to § 1 and § 2 (1) of Act No. 119 / 1948 Coll., on the State Organisation of Foreign Trade and International Shipyard, in accordance with § 25 (3) of the Order of the Foreign Trade Minister No. 103 / 1960 Coll., on the jurisdiction of the Czechoslovak Chamber of Commerce and its organisation, as amended by the Decree of the Foreign Trade Ministry No. 32 / 1961 Coll., on the regulation of the jurisdiction of the Czechoslovak Chamber of Commerce and the business of Rapid and Polytechnic:
The Foreign Trade Minister approves the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce in Prague (hereinafter referred to as "the Order '), as agreed by the Bureau of the Arbitration Court. The new version of the Order is hereby published in the Annex to this Order.
The Order shall apply to all disputes in which the application for the initiation of proceedings (application) has been lodged since 1 June 1975.
The Order of the Foreign Trade Minister No. 140 / 1965 Coll., on the new version of the Order of the Arbitration Court of the Czechoslovak Chamber of Commerce, and the Order annexed thereto, is hereby repealed. However, that order shall continue to apply to disputes in which the application for the initiation of proceedings (application) was lodged before 1 June 1975.
This Decree shall take effect on 1 June 1975.
Minister:
Ing. Barčák v. r.
Annex to Decree No 47 / 1975 Coll.
Row
Arbitration Court of the Czechoslovak Chamber of Commerce in Prague
I.
BASIC PROVISIONS
Basis of activity, subject matter and sources of competence
(1) During the Czechoslovak Chamber of Commerce in Prague there is an independent Arbitration Court of the Czechoslovak Chamber of Commerce ("Arbitration Court").
(2) The Arbitration Court is a permanent arbitration tribunal under Sections 8 and 28 of Act No. 98 / 1963 Coll., on arbitration in international trade and on the enforcement of arbitration findings called upon to take decisions in accordance with these Rules
(a) disputes concerning property rights arising from international trade (Section 2 of the Act);
(b) disputes arising from contractual and other civil relations arising between entities of the laws of different states in the conduct of foreign trade, economic and scientific and technical contacts (Section 35 of the Act);
(c) disputes between Czechoslovak economic organisations, if the Czechoslovak legal order so permits.
(3) The arbitration panel shall decide the disputes referred to in paragraph 2 where the jurisdiction of the arbitration panel is exercised in respect of the dispute
(a) from an international agreement (§ 35 of the Act); or
(b) the existence of a written agreement between the Parties that a dispute already arose or a dispute which could arise in the future will be brought before an arbitration tribunal (§ 2 to 4 of the Act); or
(c) the fact that the applicant has brought an action before that arbitration panel and that the defendant has carried out an act indicating that he has voluntarily submitted himself to the jurisdiction of that arbitration panel (in particular, if he has entered into the proceedings on the substance of the case without overriding the incompetence of that arbitration panel).
II.
ORGANISATION OF THE DECISIONS
Composition of the arbitration panel
(1) The arbitration panel shall consist of the Bureau, the arbitrators, the Secretary and its permanent representative.
(2) The President shall be the head of the arbitration panel. The Secretary shall be Head of the Arbitration Court Secretariat.
Bureau
(1) The Bureau of the arbitration panel (hereinafter referred to as "the Bureau") shall consist of the President of the arbitration panel (hereinafter referred to as "the President"), six other members and three alternates. The Bureau is elected by the Board of Directors of the Czechoslovak Chamber of Commerce.
(2) The term of office of the Bureau shall be five years from the time of its election. However, the President, the other members of the Bureau and the alternates shall remain in office after this period until a new election is held.
(3) The President shall, as appropriate, call an alternate for a member who is not present. The alternate shall have the same rights and obligations as a member of the Bureau.
(4) Members of the Bureau and alternates may act as arbitrators or chairmen of the Board of Arbitration. In such a case, they shall be excluded from decision-making by the Bureau under these Rules in the dispute in which they exercise the function of arbitrator or chair of the Arbitration Board.
(5) The Bureau shall carry out the acts entrusted to it by these Regulations and any other acts falling within the competence of the arbitration panel which are not the responsibility of either the President or the arbitrators or the Secretary. It is also the duty of the Bureau to supervise the proper conduct of the arbitration procedure and to procure through the Secretariat of the Administrative Agenda.
Bureau meetings
(1) Meetings of the Bureau shall be convened and chaired by the President. It is sufficient for negotiations and resolutions to be valid if at least two other members of the Bureau or the alternate members called (Article 3 (3)) are present alongside the President (Vice-President § 5 (3)).
(2) The Bureau shall act by a majority of the members present. In the event of a tie, they shall pay for the opinion which the President has taken.
The President
(1) The President shall represent the arbitration panel on the outside and shall carry out the acts conferred on him by these Rules.
(2) Pending the establishment of an Arbitration Board (not a single Arbitration Board), the President shall be entitled to perform all procedural acts unless entrusted to the Secretary.
(3) The President shall delegate to the Vice-President certain members of the Bureau, as appropriate. In the performance of his duties, the Vice-President shall have all the rights and obligations of the President within the meaning of the provisions of these Regulations.
Arbitrators
(1) Arbitrators shall be called upon to make their own substantive ruling on disputes falling within the jurisdiction of the arbitration panel, as well as on the other acts entrusted to them by these Rules.
(2) In the performance of their duties, the arbitrators shall be independent and shall never have the character of a representative of any Party.
(3) The dispute shall be decided by the Arbitration Board, composed of three arbitrators, unless the Parties agree that the dispute shall be decided by a single arbitrator. The establishment of an Arbitration Chamber or the appointment of a single Arbitrator shall be carried out in accordance with these Rules (§ 27).
(4) Unless there is something else in the meaning of the individual provisions, everything that is provided for by the arbitrators and the Arbitration Board shall also apply to a single arbitrator.
(1) An arbitrator may only be a person listed in the schedule of arbitrators (§ 27) or a member of the Bureau or an alternate member of the Bureau (§ 3 (4)).
(2) The Bureau shall decide on the entry in the list of arbitrators and the removal from the list of arbitrators.
(3) Persons who have acquired competence for the function of arbitrator and whose knowledge and experience, including knowledge of law, in conjunction with their personal characteristics, in particular in international trade or other professional activities may be entered in the list of arbitrators, in conjunction with their personal characteristics, guarantee the successful performance of that function. Czechoslovak citizenship is not a condition for entry in the list of arbitrators.
Secretary
(1) The Secretary shall organise a written agenda relating to the activities of the arbitration panel and, in addition, shall perform the other functions provided for in this Regulation, in particular the appropriate timescale of the oral proceedings and other acts of arbitration, shall ensure the proper conduct and conduct of the arbitration procedure, prepare the meetings of the Bureau, shall keep a list of arbitrators to which he shall register and from which he shall remove persons designated by the Bureau, shall ensure proper custody of all correspondence of the arbitration panel, the proper preparation and translation of the arbitration findings, and publish, in an appropriate manner, findings of major importance. The Secretary shall have the right to attend all meetings of the Bureau with an advisory vote and to be present at all oral meetings before the Board of Arbitration or a single arbitrator.
(2) If the Secretary is busy, his duties shall be performed by the Deputy Secretary.
III.
PROCEDURE
1. General provisions
Seat of the arbitration panel and place of oral proceedings
(1) Prague is the seat of the arbitration panel and the regular place of the oral hearing.
(2) The Arbitration Board may, if necessary, hold oral proceedings elsewhere, but if oral proceedings are to be held abroad, the approval of the Bureau is required.
Submission of documents
(1) All documents relating to the initiation and conduct of the arbitration procedure must be submitted in such a number that each of the parties has at least one copy, by copy and by the arbitration panel.
(2) The documents referred to in paragraph 1, with the exception of written evidence (Paragraph 37 (2)), shall be submitted in Czech or Slovak or in the language of the contract or in the language in which the parties correspond to each other. The arbitration panel may, at its own discretion or at the request of the Party which has submitted the document, request translation into Czech or Slovak or arrange for such translation on its cargo.
Language of proceedings
The oral hearing takes place and the decision is given in Czech or Slovak. With the agreement of the Parties, the arbitration panel may, if necessary, take action in another language. If the Party does not control the language in which the proceedings are held, the arbitration panel shall, at its request and on its behalf, provide the interpreter's service. At the request and on behalf of the Party, the arbitration panel may also obtain a translation of its decisions and other documents.
Duration of arbitration
The arbitration panel shall have the power to terminate proceedings in the dispute as far as possible within a period of no more than six months from the date of establishment of the arbitration panel.
Legal basis for dispute settlement
The arbitration panel shall settle disputes on the basis of the standards of applicable substantive law, subject to the terms of the contract and taking into account commercial practices.
Issues of international reach and detection of foreign law
On matters of international scope, in particular on matters of foreign law and its application, the arbitrators may request comments from the Bureau. However, they are not bound by this statement in any way.
Sending and service of documents
(1) All documents in the dispute shall be sent to the parties by the Registrar. They shall be sent to the address indicated by the Party or the elected legal representative.
(2) Actions, defence, summons, arbitral findings and orders shall be sent by registered letter with confirmation of service.
(3) In addition, other documents may be sent by registered or ordinary letter and notification by telex or telex.
(4) Any of the documents referred to above may also be served in person on confirmation.
(5) A request for service through a requested foreign court or authority or another request for legal assistance through such a court or authority shall be the responsibility of the President.
(6) All service of the arbitration panel shall be valid if it has been made pursuant to paragraphs 1 to 4.
Suspension of proceedings
If necessary, the dispute may be suspended at the request of the Party or at the initiative of the Arbitration Board for a certain period of time.
Return in previous situation
If, pending the publication of the arbitration finding and if it has not been declared, a party has not taken part in the proceedings in whole or in part without its fault or has not carried out any action necessary to defend its right, the Arbitration Board (Arbitration Board) shall, if it goes before it, in other cases the Bureau shall take appropriate measures to the proposal of that Party in order to carry out further what it has missed.
Providing evidence and precautionary measures
(1) After an action has been brought but before the establishment of the Arbitration Chamber, the President may, at the request of both parties or of one of them, provide evidence and may, to that end, appoint one or more experts or take other appropriate measures.
(2) Prior to, during and after the arbitration procedure, either Party may apply to the competent authority for provisional measures. The arbitration panel shall be informed of the submission of such a request.
Side participants
(1) In addition to the parties (the applicant and the defendant), the intervener may participate in the proceedings who have a legal interest in its outcome. Other persons may not take part in the proceedings.
(2) The intervener shall act for himself in the proceedings. Its acts shall be considered as acts of the Party to which it acceded if they do not contradict those of the Party; However, the parties may take into account the facts of the intervener even if they contradict the facts of the party.
Application of the provisions of Act No. 98 / 1963 Coll.
The provisions of Act No. 98 / 1963 Coll., on Arbitration in International Trade and on the Enforcement of Arbitration Findings apply to these rules unless these rules provide for certain procedural issues.
Validity of management provisions
The provisions of the Rules of Procedure before the Arbitration Board (the Arbitration Board) shall apply mutatis mutandis to acts carried out by the Bureau, the President or the Secretary, unless otherwise provided for in those Rules.
2. Initiation
Submission of an action
(1) The arbitration procedure shall be initiated by bringing an action before the arbitration panel.
(2) The date on which the application was lodged is the date on which the application was served on the arbitration panel and, where the international agreement so permits, the date of the postmark of the place of departure.
Content of the action
(1) The application must state:
(a) the designation of the parties;
(b) the applicant's claim,
(c) the signature of the applicant,
(d) the addresses of the pages.
(2) The application should also contain:
(a) a reference to the establishment of the jurisdiction of the arbitration panel where the jurisdiction does not result from an international agreement binding on the parties;
(b) an indication of the facts and legal circumstances on which the applicant bases his claims and an indication of the means of proof by which those circumstances can be established;
(c) the value of the object of the dispute;
(d) proof of payment of the arbitration fee;
(e) the name and surname of the arbitrator appointed by the applicant or the request that the arbitrator be appointed as Chairman of the arbitration panel. The applicant may also appoint an alternate arbitrator;
(f) a summary of the documents annexed to the application.
Value of the object of the dispute
(1) The applicant must also state in the application the value of the object of the dispute in cases where his claim or part of the claim is of a non-monetary nature.
(2) The value of the object of the dispute is determined in particular by:
(a) the amount recovered in claims for cash;
(b) the value of the property recovered in the recovery proceedings;
(c) the value of the subject-matter of legal relations at the time of bringing an action in an action for designation or in an action for modification of legal relations;
(d) on the basis of information available on the applicant's material interests in the event of actions for certain actions or actions.
(3) In actions consisting of several entitlements, the amount of each entitlement must be set separately; the value of the subject matter of the dispute shall be determined by the sum of all claims.
(4) If the applicant has not determined the value of the object of the dispute or has improperly determined it, the arbitration panel shall, on its own initiative or at the defendant's request, determine the value of the object of the dispute on the basis of the information available.
Removal of defects in the application
(1) If the Registrar finds that the action has been brought in such a way that the requirements laid down in Article 23 of these Rules have not been taken into account, he shall invite the applicant to remedy the defects found, and, as regards the requirements referred to in Article 23 (1), the time limit for the removal of the defects may not be longer than 2 months from the date on which the latter's notice was received. If these defects are removed within the prescribed time limit, they shall be valid for the day on which the application is lodged on the date referred to in Article 22 (2). No action shall be taken pending the removal of those defects.
(2) In cases where the applicant, irrespective of the call for the removal of the defects, insists on hearing the dispute, the proceedings shall be continued if the nature of the defect so permits and an arbitration finding shall be issued on the substance of the matter; otherwise the proceeding will be terminated.
3. Preparation of the dispute
Response to the action
(1) If the Registrar considers that an action may be the subject of proceedings under these Rules, he shall inform the defendant of its submission and send him a copy of the action with the attached documents and the instrument of the arbitrators.
(2) At the same time, the Registrar shall notify the defendant that he is entitled to submit his written observations supported by relevant evidence to the defendant within 30 days of service of the action. At the request of the defendant, that period may be extended.
(3) Within the same period, the defendant shall notify the name and surname of the arbitrator which he has chosen or request that the President of the arbitration panel appoint an arbitrator for him; the defendant may also elect an alternate arbitrator.
Establishment of an Arbitration Board or the election (appointment) of a single arbitrator
(1) Arbitrators, appointed by the Parties within the meaning of paragraphs 23 and 26 or appointed by the President of the Arbitration Court, shall elect the President of the Arbitration Chamber from the list of arbitrators.
(2) If the Party complained against does not appoint an arbitrator, or if the arbitrators do not elect the Chairman of the Arbitration Board within 10 days of the date of the appointment of the other arbitrator, the arbitrator or arbitrator shall be appointed by the President of the Arbitration Board.
(3) Where several applicants or several defendants appear in the dispute, each of the parties to the dispute shall be required to appoint, irrespective of the number of applicants or defendants, one arbitrator. If there is no agreement between the applicants or the defendants within the time limit set by the Secretary, the arbitrator shall be appointed by the President of the arbitration panel (§ 7).
(4) A single arbitrator shall be elected by mutual agreement of the Parties and, failing that, shall be appointed President of the arbitration panel.
Rejection of the arbitrator, expert and interpreter
(1) Each Party is entitled to refuse the arbitrator, the Chairman of the Board of Arbitration or a single arbitrator if it considers that they are prejudiced, in particular if it is possible to assume that they are directly or indirectly interested in the outcome of the dispute. The arbitrator, the Chairman of the Arbitration Board or a single arbitrator may also declare their resignation. The refusal must be made before the oral hearing is opened. If a refusal is made later, it shall be decided only if the reason for the late refusal has been considered serious.
(2) The remaining members of the Arbitration Board shall decide on the refusal of the arbitrator. If no agreement is reached between them or if a refusal is directed against two arbitrators, the Bureau of the arbitration panel shall decide on the refusal, which shall also decide on the rejection of a single arbitrator.
(3) If a refusal is granted, a new arbitrator, a new chairman of the Arbitration Board or a new single arbitrator shall be elected or appointed in accordance with these Rules.
(4) For the reasons set out in paragraph 1, experts and interpreters may be rejected. In this case, the Board of Arbitration shall decide on the refusal.
Decision on jurisdiction
(1) The jurisdiction of the arbitration panel shall be decided by its Bureau. To this end, the arbitrators, if they have already been designated, otherwise the Secretary, shall submit to the arbitrator a brief report, in any event when it decides on the jurisdiction of the arbitration panel in the light of the objection of the Party or of the doubts of the arbitrators or the Secretary.
(2) If the Bureau considers that the arbitration panel is not competent, it shall terminate the procedure by order. It shall also reject the objection of non-jurisdiction if it considers that the arbitration panel is competent. Before a decision is taken, the Bureau may order oral proceedings as appropriate.
(3) The Board of Arbitration shall, before submitting to the Bureau a question of jurisdiction, take the measures it deems necessary to avert damage to the parties or to preserve the outcome of the proceedings, unless the competent court or other authority is present.
Preparation of the dispute by the Arbitration Board
(1) The Arbitration Board shall examine the state of preparation of the dispute for consideration and, if deemed necessary, shall take additional measures to prepare the dispute, in particular request written opinions, evidence and other supplementary documents from the parties.
(2) The President of the Arbitration Board may give the Secretary of the Arbitration Court individual instructions in relation to the preparation and hearing of the dispute. It shall also require him to call the parties to oral proceedings.
Call for oral proceedings
The time and place of oral proceedings shall be communicated to the Parties by a summons which shall be sent to them in advance so that each of the Parties has a period of at least 30 days to prepare the oral proceedings and to travel to oral proceedings.
4. Dispute hearing
Oral proceedings
(1) The dispute is discussed in oral proceedings, which are generally public. At the request of one party or on the sole initiative of the arbitration panel, the dispute shall be heard in private session.
(2) The parties may participate in the hearing at oral hearing, directly or through their duly authorised representatives, appointed by the parties according to their own discretion, including, where appropriate, foreign nationals.
(3) If a party who has been duly informed of the time and place of oral proceedings does not appear, its absence shall not prevent the hearing if the party who is not present does not request a continuance for serious reasons until the hearing is concluded.
(4) Each Party may declare that it agrees that oral proceedings be held in its absence.
(5) Oral proceedings may be adjourned, if necessary, on the proposal of the Party or at the initiative of the Arbitration Board.
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Regulation Information
| Citation | Decree of the Federal Ministry of Foreign Trade No. 47 / 1975 Coll., declaring the new Order of the Arbitration Court of the Czechoslovak Chamber of Commerce |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.05.1975 |
|---|---|
| Effective from | 01.06.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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