Decree of the Chief Arbiter of the Czechoslovak Socialist Republic No. 58 / 1963 Coll.
Decree of the Chief Arbiter of the Czechoslovak Socialist Republic, which issues provisional rules for the negotiation and decision-making of economic disputes by arbitrators
Valid
Effective from 01.08.1963
58
DECLARATION
Chief Arbiter of the Czechoslovak Socialist Republic
of 8 July 1963
on the issue by arbitrators of provisional rules for the negotiation and decision of economic disputes
The main arbitrator of the Czechoslovak Socialist Republic provides pursuant to Section 32 of Act No. 121 / 1962 Coll., on Economic Arbitration:
Preliminary provisions
In order to increase the participation of workers in the management of the national economy and to create assumptions for better performance of the planned tasks by socialist organisations, individual economic disputes may be discussed and decided by the arbitrator chosen by the participating organisations for a particular dispute.
An arbitrator may be any citizen who has the necessary expertise to decide a particular dispute and provides a guarantee that he will perform his duties in accordance with the social interests. The function of the chosen arbitrator is honorable.
(1) An arbitrator may be elected to discuss and decide any economic dispute falling within the competence of the economic arbitrage authorities, irrespective of the subordination and seat of the participating organisations.
(2) The arbitrator selects, in particular, the participating organisations for the decision of such a professional dispute, in which the arbitrator's specific knowledge and experience may be used to clarify the nature and causes of the dispute and to prevent its recurrence.
(3) An arbitrator for a particular dispute shall, as a general rule, be chosen by the participating organisations from among the managers of socialist organisations or economic bodies (directors of enterprises, managers of economic operators of organisations and institutions, chief engineering staff, staff of scientific and research institutes and workplaces).
(1) When discussing and deciding an economic dispute, the arbitrator shall comply with the laws and principles of economic policy of the Czechoslovak Socialist Republic. The arbitrator shall not be bound by the proposals of the participating organisations; is obliged to lead organisations to make their corporate and local interests subject to the interests of the whole company.
(2) The arbitrator shall discuss the dispute with representatives of the participating organisations and shall lead them to an agreement.
Procedure for choosing an arbitrator and submitting an application
(1) The dispute may be submitted by the arbitrators on the basis of an agreement between all the participating organisations and if the arbitrator proposed agrees to take over this function. The choice of arbitrator may be made only if the previous negotiations between the participating organisations do not result in the dispute being removed.
(2) An organisation which has received an application for a dispute by an arbitrator is required to notify within 10 days whether it agrees to the proposal or, where appropriate, communicate its own application to the arbitrator or to the manner in which the dispute is removed.
(3) By agreement on the decision of the dispute chosen by the arbitrator, the participating organisations are bound.
(1) The applicant shall be required to apply its requirements in a written request to the arbitrator and to all participating organisations without undue delay upon the choice of the arbitrator; the request shall specify its requirements and any relevant circumstances justifying them and the necessary evidence. The applicant shall also attach all documents necessary for the proper examination and decision of the dispute.
(2) Submission of an application to an arbitrator shall have the same effects as the submission of an application for economic arbitrage.
(3) The organisation against which the request is directed must, upon receipt of the request, submit to the arbitrator, without undue delay, observations justifying its opinion, accompanied by documents and shall propose evidence on which it relies. A copy of that statement shall be sent to the applicant and to all participating organisations.
The participating organisations shall cooperate effectively with the arbitrator when discussing and deciding on the dispute and allow him to perform his duties in a broad manner.
Dispute hearing by the arbitrator
(1) Unless otherwise agreed with the arbitrator, the arbitrator shall discuss the dispute at the headquarters of the organisation against which the request is directed; If the arbitrator so provides, the dispute shall be discussed in the undertaking, in the establishment or in the site (construction site) to which the dispute relates.
(2) The arbitrator shall notify the participating organisations of the location, date and time of the dispute.
(3) The arbitrator shall discuss the dispute with the participation of the management (s) of the participating organisations or personnel authorised by them.
Where documents are also to be provided from organisations not participating in the dispute, they shall be provided by those of the participating organisations which so impose, as instructed by the arbitrator. If none of the participating organisations can provide such documents, they shall be requested, at the request of the arbitrator, by the economic arbitrage authority, to which the arbitrator so requests.
If, for the sake of a proper decision, the dispute needs to be extended to another organisation, the arbitrator may only do so with its consent. If the other organisation does not agree to extend the dispute to it, the arbitrator shall refer the dispute to the competent economic arbitrage authority for consideration and decision.
(1) If, during the course of the dispute between the participating organisations, the arbitrator approves this Agreement if it complies with the laws and principles of the economic policy of the Czechoslovak Socialist Republic and indicates its content in the decision.
(2) If no agreement is reached, the dispute shall be decided by the arbitrator upon the finding and assessment of all relevant circumstances of the dispute and the consideration and assessment of all evidence.
(1) The arbitrator shall draw up the decision in writing even if it has given oral notice after the hearing. The written copy of the decision shall be forwarded to the certificate or sent to the approved organisations within 5 days of its publication or, where appropriate, after the hearing. A copy shall be entered in the file, which shall be sent for the deposit of the regional State arbitrage in whose territory the organisation against which the application is directed is situated; However, if the organisation is subordinate to the same central authority in which the cooperative arbitration is established, it shall send the file to that arbitration.
(2) The decision shall state the subject-matter of the dispute, the date of the decision, the name of the arbitrator, the name of the participating organisations and the names and functions of their representatives who took part in the hearing, the place of the hearing, the grounds and the operative part, the indication of the economic arbitrage where the file will be lodged and the signature of the arbitrator.
(3) The decision shall also state which of the participating organisations and, where appropriate, which part of the travel expenses of the arbitrator and other necessary costs relating to the dispute (witness, test costs, etc.). The travel expenses of its representatives shall be borne by the participating organisations.
A decision given by an arbitrator shall have the effect of an arbitration decision and shall not be appealed against. The participating organisations shall comply with the decision in the manner and within the time limit set out in the decision and, if no time limit has been set, within 15 days of its receipt.
(1) If, for serious reasons, the arbitrator is unable to decide the dispute taken over (e.g. for longer travel abroad, for longer serious illness, for failure to arrive at the organisation without an apology or justification or for the second conduct provided for, the opposition of the organisation to extend the dispute), the arbitrator shall refer the dispute to the competent authority of the economic arbitrage. In such a case, the applicant may also submit an arbitrage application to the competent authority. The effects of the application are maintained by the arbitrators (Section 6 (2)).
(a) if the dispute is referred by the arbitrator himself; or
(b) where an application for economic arbitrage is submitted by the applicant no later than 30 days after the request returned to him by the arbitrator or, where appropriate, when he has learned of an obstacle for which the arbitrator cannot decide.
(2) In cases where the arbitrator is unable to decide on a dispute, the arbitrator shall decide on the reimbursement of travel expenses and, where appropriate, on other necessary costs (Article 12 (3)), the economic arbitrage body which decides the dispute and, if no arbitration procedure is initiated, the participating organisations shall be required to replace travel expenses equally; in the same proportion, they shall also be required to reimburse the other costs necessary for the proceedings.
Compliance with the decision
In the event that the organisation fails to comply with the decision voluntarily, the beneficiary organisation may refer to the economic arbitrage for which the file is filed with the application for a measure of the decision by the enforcement clause. This decision is then implemented within the same period and in the same way as the arbitration decision under the Economic Arbitration Act.
(1) The Head of Economic Arbitration, in respect of which the file is filed, rejects the request to refer the enforcement clause to the decision if the decision is contrary to the laws, regulations or principles of economic policy of the Czechoslovak Socialist Republic. Before rejecting the application, the arbitrator shall discuss the substance of the error of the decision.
(2) The main arbitrator of the Czechoslovak Socialist Republic may revoke the arbitrator's decision if it is contrary to the laws, regulations or principles of economic policy of the Czechoslovak Socialist Republic, and order the dispute to be heard by the competent authority of the economic arbitrage. However, if there is a dispute between organisations subordinate to the same central authority with which the department (cooperative) arbitration is established, that right shall be exercised by the head of that central authority.
Final provisions
If the arbitrator finds serious deficiencies in the work of socialist organisations when discussing the dispute, he shall indicate them either in the decision or make a separate warning asking the leaders of the relevant socialist organisations to take the measures necessary to remedy the deficiencies. Where there are particularly serious deficiencies, the arbitrator shall draw the attention of the prosecutor or of the authorities of popular control and statistics.
(1) The organisation in which the selected arbitrator works is required to enable the arbitrator to perform his duties to the extent necessary. In particular, he shall be required to provide the arbitrator with leave of absence, compensation for wages and reimbursement of necessary travel expenses, in accordance with the rules on travel, removal and other expenses. *) If the arbitrator chosen is not a worker in employment, the travel expenses required shall be reimbursed to the applicant.
(2) The necessary travel expenses of the arbitrator shall be the organisation in which the arbitrator works or the applicant is replaced in accordance with Article 12 (3) or Article 14 (2).
Participating organisations shall, as far as possible, provide the arbitrators with rooms to discuss the dispute, legal assistance, legal, economic and technical literature and documentation and ensure that the administrative work needed to decide the dispute is carried out. If the organisations concerned cannot do so, the economic arbitrage authorities shall provide such assistance.
No fees shall be charged for hearing and deciding economic disputes by an arbitrator.
This decree shall take effect on 1 August 1963.
Main Arbiter of the Czechoslovak Socialist Republic:
Dr Dohnal v. r.
*) Decree No. 480 / 1950 Ú. l. as amended by Decree No. 72 / 1952 Ú. l.
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Regulation Information
| Citation | Decree of the Chief Arbiter of the Czechoslovak Socialist Republic No. 58 / 1963 Coll., which issues provisional rules for hearing and deciding economic disputes |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.07.1963 |
|---|---|
| Effective from | 01.08.1963 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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