Regulation No. 63 / 1953 Coll.
Regulation establishing arbitration fees
Valid
Effective from 08.06.1953
63.
Order of the Minister for Finance
of 17 July 1953
determining arbitration fees.
The Minister of Finance hereby orders, pursuant to § 24 of Decree No. 47 / 1953 Coll., on State Arbitration ("the Government Regulation '):
Fee rate.
(1) The following arbitration charges (hereinafter referred to as "fees') shall be paid for the proceedings before the authorities of the State and the ministerial arbitration office:
1. Pre-contractual disputes and property disputes whose subject matter cannot be assessed,
| a) u státní arbitráže při krajském národním výboru | 300 Kčs |
| b) u státní arbitráže při sboru pověřenců | 600 Kčs |
| c) u státní arbitráže při vládě | 800 Kčs |
| d) u resortní arbitráže | 500 Kčs |
2. In disputes arising from contracts and other property disputes
| z hodnoty předmětu sporu do 10.000 Kčs | 200 Kčs |
| z hodnoty předmětu sporu přes 10.000 Kčs | 2 % nejvýše však 100.000 Kčs. |
| 3. Ve sporech o základních podmínkách dodávky (§ 10 odst. 2 vládního nařízení) | 1.200 Kčs. |
4. For the review of the decision by the main arbitrator at the request of the party half the fee under No 1 to 3.
(2) In disputes whose decisions have been mandated by the State Arbitration established by the higher authority of the State Arbitration of the Lower Authority, the fees shall be payable as for the State Arbitration which has given the mandate.
What's the fee?
The fees shall be paid not only when the Party applies the request by means of a separate application but also when it applies it in its observations on the request made against it. The fees shall also be paid for proceedings initiated by the State arbitration on its own initiative or by an order of the authority in which it is set up or by an order of the State arbitration established with the higher authority.
Who pays the fee?
(1) The fee shall be paid by the party at whose request the State or the ministerial arbitration proceedings are initiated and by the party who made the request in response to the request against it.
(2) In the event that the national or ministerial arbitration procedure does not commence at the request (Section 2, second sentence), the State or ministerial arbitration shall determine the party liable to pay the fee.
(3) The decision shall determine whether the whole or part of the fee is to be replaced by the defendant.
The value of the object of the dispute.
(1) The value of the subject matter of the dispute on which the fee is calculated must be stated in the application, after the statement in which it applied the request (Paragraph 2, first sentence). If the national or ministerial arbitration finds that the party has indicated a lower value than the actual value of the object of the dispute, it shall determine it in the decision.
(2) If the proceedings are not initiated at the request, the value of the object of the dispute shall be determined by the State or by the ministerial arbitration in the decision.
(3) If the value of the object of the dispute increases during the proceedings, the fee shall be increased; the fee paid is not refunded when the object of the dispute is impaired.
(4) The basis of the fee shall be rounded up to an amount divisible by 100.
Payment of the fee.
(1) The fee shall be payable before the application or the statement on the claim is lodged. State or ministerial arbitration is required to ascertain whether the fee has been properly paid. If the applicant has not paid a fee at all, or has paid a smaller amount, he shall be invited by the State or the ministerial arbitrage to pay the fee within the prescribed period. If the applicant fails to do so, the national or ministerial arbitrage shall return the application without decision, in the event that it does not initiate the procedure for entitlement to the application.
(2) If the party increases the value of the object of the dispute during the proceedings, the fee shall be payable before the decision is taken.
(3) If the proceedings are not initiated on request, the fee shall be payable within 15 days of the date of receipt of the written copy of the decision.
How to pay a fee.
(1) The fees are paid in cash by the State Bank's entry note or by a transfer from the taxpayer's account (§ 3) to the account of the authority with which the relevant state or ministerial arbitration is established. In the case of State arbitrage at the Regional National Committee, the fee shall be payable on behalf of the single (central) national committee in whose district the State arbitrage is responsible; for state arbitrage at the Regional National Committee in Prague, the fee is payable on behalf of the District National Committee Prague-South and for state arbitrage at the Central National Committee in Prague on behalf of the District National Committee in Prague 4.
(2) The State Arbitration Fees are the budget revenue of the Ministry of Finance, the department arbitrage fees are the budget revenue of the department concerned.
Silence.
If the fee has not been paid in the correct amount and the State or ministerial arbitration has nevertheless opened proceedings, the right to increase the fee and the right to recover the arrears shall be waived three years after the beginning of the calendar year following the year in which the fee was to be paid.
Liberation of renegotiation.
(1) If the decision of the State arbitration was annulled (Sections 22 and 23 of the Government Regulation) and the dispute was ordered to be renegotiated, no renegotiation fee would be paid.
(2) Paragraph 3 (3) shall apply mutatis mutandis to the amendment of the decision taken in the exercise of supervision.
(3) Similarly, departmental arbitrage should be followed.
Reductions and refunds.
(1) The authorities of the State arbitration cannot reduce the fee. In very exceptional cases, the fee may be reduced by the Ministry of Finance.
(2) Where a fee has been paid more than that provided for in this Regulation, the excess shall be refunded to the party. However, amounts up to 20 CZK shall not be recovered. The entitlement to repayment shall expire one year after payment.
(3) Otherwise, the fee shall be refunded,
(a) if the national or regional arbitration has returned the application to the party;
(b) if the application has been referred to the State arbitration or the application has been referred to the court,
(c) if the application has not been submitted to the State or to the ministerial arbitration.
Transitional provision.
Fees paid or fixed until the date of publication of this Regulation shall be deemed to have been paid or fixed under this Regulation; any differences shall not be collected or returned.
Efficiency.
This Regulation shall take effect on 8 June 1953.
Broad v. r.
Cable v. r.
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Regulation Information
| Citation | Regulation No. 63 / 1953 Coll., establishing arbitration fees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.07.1953 |
|---|---|
| Effective from | 08.06.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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