What is Full text of Act No. 71 / 1989 Coll.?

Full text of Act No. 71 / 1989 Coll., Act on Economic Arbitration (full text as seen from later amendments and additions) — Law on Economic Arbitration (full text, as resulting from subsequent amendments and additions).

When it became Full text of Act No. 71 / 1989 Coll. effectiveness?

Full text of Act No. 71 / 1989 Coll. became effective date not available.

Is Full text of Act No. 71 / 1989 Coll. still valid?

Yes, Full text of Act No. 71 / 1989 Coll. is still valid and effective.

Full text of Act No. 71 / 1989 Coll. - Law on Economic Arbitration (full text,...

71

_

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 measure of the Bureau of the National Assembly of 10 November 1967 No. 106 Coll., by the Act of 21 December 1970 No. 139 Coll., by the Act of 15 December 1982 No. 166 Coll. and by the Law of 15 June 1988 No. 99 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

INTRODUCTORY PROVISIONS

§ 1

Economic arbitration shall carry out the following main tasks in the organisation, modification and control of supply and other economic relations (hereinafter referred to as "economic relations'):

(a) discuss and decide economic disputes between socialist organisations, organisational units or bodies of socialist organisations where they are entitled to speak on their behalf in economic relations and between other participants in economic obligations (1) (hereinafter referred to as "organisations");

(b) prepare, in its section, draft laws of the Federal Assembly and of the Government of the Czechoslovak Socialist Republic in the field of economic relations and on the basis of legal authorisation and, within its limits, issue generally binding legislation;

(c) educational activities help to organise and develop cooperation and mutual assistance relationships between socialist organisations within the scope of its competence, and are actively active 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;

(d) draw the attention of the socialist organisations and economic management authorities to the defects in their activities, where appropriate proposing measures to remedy these defects;

(e) collect and generalise knowledge of its activities and continuously examine the causes of the defects;

(f) in the cases and under the conditions laid down by specific provisions, it shall decide on the contribution to the State budget and on the imposition of an economic fine;

(g) decide, in the cases and under the conditions laid down in the special regulation, the invalidity of the economic management body's measures;

(h) establish, in serious cases, whether its decisions have been complied with and take action, where appropriate, to comply with them.

§ 2

(1) The economic disputes discussed and decided by economic arbitrage are in particular:

(a) disputes concerning the conclusion of economic contracts and disputes concerning the modification or cancellation of economic obligations (pre-contractual disputes);

(b) real estate disputes;

(c) property disputes;

(d) disputes as to whether or not there is a legal relationship or a law if there is an urgent legal interest in this (dispute of determination);

(e) disputes concerning the abstention of the infringement and disputes concerning the abolition of the infringement;

(f) disputes concerning the issue of cases;

(g) 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 property relations in international trade, 2)

(c) disputes between the trade union body and the organisation concerning compensation for damage caused by 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 shall be discussed and decided by economic disputes concerning compensation and compensation for property damage between organisations and economic managementauthorities (3) in cases and under the conditions laid down in a special regulation.

(2) The Government of the Czechoslovak Socialist Republic may determine in which other cases economic arbitrage is discussed and decided by disputes between economic management bodies and management organisations.

§ 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

(1) In its activities, economic arbitrage is governed by the laws and principles of economic policy of the Czechoslovak Socialist Republic. It promotes social economic interests across borders against narrow local, corporate and, where appropriate, departmental interests. It shall ensure the consolidation of state, in particular planning, contractual and financial discipline, in particular the provision and performance of the tasks set out in the national economic development plan; the organisation and, where appropriate, the competent economic management authorities are obliged to provide it with the necessary synergies.

(2) If, in carrying out its tasks, economic arbitrage finds that measures implemented by organisations or economic management bodies concerning economic relations between socialist organisations are contrary to the law or the principles of economic policy of the Czechoslovak Socialist Republic or to the tasks of the State Plan for the Development of the National Economy, it is bound to notify and seek redress without delay (§ 45) unless it takes other measures (§ 46d).

ČÁST DRUHÁ

ORGANISATION OF ECONOMIC ARBITRATION

Oddíl první

Organisation of arbitration bodies

§ 5

The authorities of economic arbitrage form a unified system managed within the scope of this law by the main arbitrator 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 National 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 proposals for 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) In order to ensure the tasks of the State Arbitration of the Czechoslovak Socialist Republic, it is provided by the other economic arbitrage authorities with the necessary information, documents and documents and with the necessary synergies; the State Arbitration of the Czechoslovak Socialist Republic may require such data and synergies only with the knowledge of the relevant State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic.

(3) The State Arbitration of the Czechoslovak Socialist Republic cooperates with the ministries and other federal authorities in the performance of its tasks and uses the practical experience and knowledge gained by these authorities in the management of 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. It establishes and withdraws the State Arbitration Arbitration of the Czechoslovak Socialist Republic from the citizens of both Republics accordingly; 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 establish and withdraw 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 Arbitration of these Arbitration sets up and removes the main arbiter of the Czech Socialist Republic and the main arbiter of 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.

§ 9a

(1) A state arbitrator may be established by a politically and professionally advanced upstanding Czechoslovak citizen who:

(a) have a university degree in the field of study,

(b) for a specified period, he has prepared himself as an arbitrator for the performance of the State Arbiter's activities through waiting experience and successfully passed an arbitration test which has demonstrated the necessary knowledge and experience for the performance of the State Arbiter's function.

(2) The waiting practice and arbitration test will be adapted in more detail by the general law of the State Arbitration of the Czechoslovak Socialist Republic; the adjustment concerning the waiting practice and arbitrage examination of the candidates of the military component of the State Arbitration of the Czechoslovak Socialist Republic provides for the State Arbitration of the Czechoslovak Socialist Republic in an agreement with the Federal Ministry of National Defence.

§ 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

(a) decide to amend the decisions of the economic arbitrage authorities or to repeal those decisions and to order the dispute to be renegotiated in the cases referred to in paragraph 42, to amend the decision imposing an economic fine in the cases referred to in paragraph 46b and to amend the decision on the annulment of the measures of the economic management authority in the cases referred to in paragraph 46d;

(b) approve the Rules of Procedure of the State Arbitration of the Czechoslovak Socialist Republic.

In these matters, the presidium may act validly in the presence of a majority of its members. In the event of a tie, they shall pay for the proposal for which the main arbitration of the Czechoslovak Socialist Republic voted.

(3) It is for the Presidium of the State Arbitration of the Czechoslovak Socialist Republic to further discuss in particular:

(a) draft legislation prepared by the State Arbitration of the Czechoslovak Socialist Republic;

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

(c) 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.

§ 11– zrušen

§ 12 – zrušen

Oddíl druhý

Jurisdiction

§ 13

State Arbitration of the Czechoslovak Socialist Republic

(1) The State Arbitration of the Czechoslovak Socialist Republic discusses and decides

(a) economic 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) economic 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 Article 2a between organisations and federal ministries or other federal central authorities, or where there are disputes relating to the protection and security of the State or the supply of State tangible reserves.

(2) The State Arbitration of the Czechoslovak Socialist Republic decides to impose economic fines

(a) where the proposal to impose an economic fine is directed against an organisation within the competence of the Federation or against several organisations, at least one of which is within the competence of the Federation;

(b) if the proposal to impose an economic fine is linked to the protection and security of the State or to supplies in the field of State tangible reserves.

(3) The State Arbitration of the Czechoslovak Socialist Republic decides on the annulment of the measure by the economic management body,

(a) where the application for annulment of the measures is directed against the Federal Ministry or any other federal central body,

(b) if the proposal for the annulment of the measures of the economic management authority is linked to the protection and security of the State or to the supply of State tangible reserves.

§ 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) economic disputes in which at least one of the parties is the Ministry or other central body of the Czech Socialist Republic or the Slovak Socialist Republic;

(b) disputes referred to in Article 2a between organisations and ministries or other central bodies of the Czech Socialist Republic or the Slovak Socialist Republic or between organisations and regional national committees.

(2) The State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic decides on the imposition of economic fines and on the invalidity of the measures of the economic management body, unless the State Arbitration of the Czechoslovak Socialist Republic is competent.

(3) 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 or, where appropriate, by the organisation against which the arbitration request is directed, or by the headquarters of the organisation against which the application for the imposition of an economic fine is directed, or by the establishment of an economic management body against which the application for annulment of its measures is directed; where there are more than one institution or organisation, jurisdiction shall be governed by 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) If it is an investment construction that has been imposed by the government or which is part of a complex housing construction, local jurisdiction shall be governed by disputes between the supplier and the investor, as well as between the investor's supplier and his supplier, where the investment construction takes place. In order to discuss and decide disputes concerning transactions for export or import, if at least one of the parties is a foreign trade organisation and disputes between the main supplier of an export investment unit and its suppliers, the relevant State arbitrage exercising the jurisdiction of the regional State arbitration for the territory of the capital of Prague or the territory of the capital of the Slovak Socialist Republic of Bratislava shall be the relevant; the local jurisdiction shall be governed by the registered office of the organisation authorised for foreign trade. Where there is a dispute between organisations entitled to foreign trade, the local jurisdiction shall be governed by the provisions of paragraph 2, and where there is a dispute between the main supplier of the export investment unit and its supplier, the seat of the export customer.

§ 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 PROCEDURE

§ 20

Initiation

(1) Economic arbitrage is initiated at the request of the organisation, on its own initiative or at the initiative of the main arbitrator of the Czechoslovak Socialist Republic.

(2) The opening of an own-initiative procedure or the initiative of the main arbitrator of the Czechoslovak Socialist Republic shall be subject to a written decision by the relevant economic arbitrage determining in particular the position of the parties to the dispute and the subject of the economic dispute. The decision shall be delivered to the parties to the dispute.

(3) The proceedings shall be opened on the date on which the arbitration request was received. Proceedings on the initiative of economic arbitrage or of the principal arbitrator of the Czechoslovak Socialist Republic shall be initiated on the date of the written decision to initiate it.

§ 21

Arbitration request

(1) The arbitration request must include the designation of the organisation which submitted it and the organisation against which the application is directed, the indication of the subject matter of the dispute, the facts and the evidence on which it is based and the 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) The inaccuracy in the designation of the arbitrage application organisation or organisation against which the application is directed will correct the economic arbitrage on a proposal from the organisation or on its own initiative, if it is otherwise clear which organisation it is.

(3) If the organisation removes the affected defects within the time limit set or if the economic arbitrage corrects the inaccuracy in the organisation's designation, the application shall be without defects from the outset.

§ 22a

Refusal of arbitration request

(1) If the organisation does not remove the pleas in the arbitration request within the time limit laid down, the economic arbitrage will reject the request by decision.

(2) If an arbitration request has been submitted to an economic arbitrage body not competent to discuss it, that authority shall forward it to the competent economic arbitrage authority and inform the applicant accordingly. The economic arbitrage shall reject the arbitration request by decision unless the matter falls within its competence; in which case the application shall be forwarded to the authority which is entitled to decide the case and shall state in the decision that the dispute is not within the competence of the economic arbitrage. The legal effects associated with the submission of such referral applications remain.

(3) Where economic arbitrage cannot be ascertained from the content of the arbitration request by the authority which is entitled to decide on the case, or where the application indicates someone who cannot be party to the dispute, the economic arbitrage shall, by decision, reject the application and return it to the person who made the request. The legal effects associated with the submission of such arbitrage applications shall be maintained only if the right is exercised within 30 days of the receipt of the application returned to the authority which is entitled to decide on the case.

§ 23

Comments on the arbitration request

The organisation against which the arbitration request is directed shall send the economic arbitrage statement to the arbitration application, together with the copy to the arbitration application, no later than 5 days in the pre-contractual disputes and, where appropriate, to the other organisations involved in the dispute resolution, within 10 days of receipt of the copy of the arbitration request. 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. The same obligation lies with the organisation against which proceedings have been initiated on its own initiative of economic arbitrage or on the initiative of the main arbitrator of the Czechoslovak Socialist Republic.

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 shall be required. (4) may at the same time require the parties to cooperate with the expert. Economic arbitrage may be used instead of the expert opinion for the confirmation or professional expression of the competent authority or institute. The economic arbitrage shall be served on the expert's opinion or, where appropriate, the text of the certificate or the expert's observations to the parties to the dispute; the parties are entitled to comment on it and propose to supplement it.

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

§ 26

Specific authorisation of economic arbitrage

Economic arbitrage is not bound by the proposals of organisations between which there is an economic dispute.

§ 27

Approval of the organisation agreement

Proceedings can be concluded by agreement of organisations, approved by economic arbitrage. Economic arbitration shall approve the Agreement if it does not conflict with the laws and / or principles of economic policy of the Czechoslovak Socialist Republic. The approved agreement shall have legal effects.

§ 28

Stopping arbitration proceedings

(1) If the reason for the arbitration procedure is lost before the dispute has been decided, or if the arbitration procedure has been initiated in the same case, or if the case has been decided by the economic arbitrage authority, the economic arbitrage shall give a decision to terminate the proceedings and, if necessary, decide on the reimbursement of the costs.

(2) If the arbitration organisation withdraws the application, it shall issue an economic arbitrage to the decision to terminate proceedings if the withdrawal of the arbitration request is not contrary to the laws and / or principles of the economic policy of the Czechoslovak Socialist Republic. Should the withdrawal of the arbitration request be contrary to the law or to the principles of the economic policy of the Czechoslovak Socialist Republic, the economic arbitrage of the proceedings continues.

§ 29

Order fines

(1) An organisation which has infringed state, in particular planning or contractual discipline, knowingly misstated false information, has arbitrarily initiated proceedings, has not submitted observations on the arbitration application within the prescribed time limit, or is arbitrarily extending the procedure, or has failed to fulfil an obligation under Paragraph 40a (2) within the prescribed time limit, the economic arbitrage may impose an order of order within 10 000 Kčs.

(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. 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.

§ 30a

Arbiter records in particular in the arbitration file

(a) the operative part of the decision if it has been declared after the conclusion of the arbitration procedure;

(b) the agreement of organisations approved in the arbitration negotiations;

(c) the statement that the decision is given legal power by its declaration;

(d) additional submissions by experts relevant to the decision of the dispute;

(e) procedural decisions determining the procedure provided that they impose obligations on the parties in the dispute.

The record of these facts shall be signed by the arbitrator and representatives of the organisations or experts present at the end of the negotiations.

§ 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 relevant main arbitrator in the agreement with the participating central authorities or, where appropriate, the management of the organisations, shall appoint, on a case-by-case basis, excellent staff, in particular the improvement and members of the brigades of socialist work, proposed by the Central Council of Trade Unions, staff, who will call the State Arbitration of the Czechoslovak Socialist Republic, or the State Arbitration of the Czech Socialist Republic as members of the arbitration commissions. Similarly, on a proposal from the Regional Trade Union Council, regional arbitrage leaders appoint workers who will call the Regional State arbitration members.

Citation	Full text of Act No. 71 / 1989 Coll., Act on Economic Arbitration (full text as seen from later amendments and additions)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	30.06.1989
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 71 / 1989 Coll.

Law on Economic Arbitration (full text, as resulting from subsequent amendments and additions)

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