Regulation No 78 / 1958 Coll.
Regulation establishing arbitration fees
Valid
Effective from 01.01.1959
78
Order of the Minister for Finance
of 11 December 1958
determining arbitrage fees
The Minister of Finance hereby orders, pursuant to § 24, § 28 (3) and § 29 (2) of Decree-Law No 47 / 1953 Coll., on State Arbitration, as amended by Decree-Law No 77 / 1953 Coll. and No 45 / 1954 Coll., hereinafter referred to as the "Government Order ':
Subject matter and rate of charge
(1) The following arbitrage fees (hereinafter referred to as "fees") are payable for the proceedings before the authorities of the State and of the regional arbitrage:
1. In pre-contractual disputes, in disputes concerning the modification and termination of contracts, in disputes concerning the performance of contracts and in property disputes whose subject matter cannot be valued at 500, - Cčs.
2. In other property disputes, 2% of the value of the object of the dispute, but not less than 200, - Cčs and not more than 100 000, - Cčs.
3. In disputes over the basic conditions of delivery......... 1200, - Kčs.
(2) A request for review of the dispute by the main arbitrator shall be paid twice the fee referred to in paragraph 1.
What's the fee?
(1) A fee shall be paid for each contract in pre-contractual disputes, in disputes concerning the modification and cancellation of contracts and in disputes concerning their collateral. By way of derogation from the provisions of the previous sentence, a fee of 500 CZK shall be payable if a decision is required in one arbitration request (expression) on not more than three contracts relating to the supply of metallurgical products or not more than three contracts relating to import or export (supply orders); in each other contract (delivery order) in which case 200, - CZK. The arbitration before which proceedings are conducted shall decide whether the case is covered by this paragraph.
(2) Property disputes shall pay a fee for each claim claimed; However, if more than one economic contract is claimed in a single arbitration request (expression), the charge shall be payable on their sum.
(3) The provisions of the preceding paragraphs shall apply mutatis mutandis if the proceedings have been initiated by the arbitration authorities on their own initiative, by an order from the authority in which the arbitration is established, or by an order from the arbitration authority established with the higher authority.
Who pays the fee
(1) The fee is payable by the party,
(a) at the request of which arbitration proceedings are initiated;
(b) which has made a request in response to the request.
(2) If proceedings are initiated without a Party's request (Paragraph 2 (3)), the arbitration which party is required to pay the fees shall be determined.
Value of the object of the dispute
(1) The value of the subject-matter of the dispute on which the fee is calculated shall be indicated in the request or in the statement.
(2) Where proceedings are initiated without a Party's request (Paragraph 2 (3)) or where a party has indicated in the request or in a statement below the actual value of the dispute, the arbitration shall determine the value of the object of the dispute in the decision.
(3) If the value of the object of the dispute increases during the proceedings, the fee will be increased (the fee paid is not refunded when the object of the dispute is reduced).
(4) The basis of the fee shall be rounded up to the whole hundred crowns.
Validity of the fee
(1) The fee is due before the arbitration request or statement is made. The arbitration authorities are required to ascertain whether the fee has been paid correctly.
(2) If the party increases the value of the object of the dispute during the proceedings or if proceedings are initiated without the request of the party (Paragraph 2 (3)), the fee (supplement) shall be payable within 15 days of the date of receipt of the decision.
Method of payment of the fee
(1) Fees are paid by transfer from the taxpayer's account (§ 3) to the Czechoslovak State Bank or cash postal order.
(2) Fees for proceedings before the arbitration authorities, where proceedings are initiated on request, may be paid by stamp marks, provided that the fee does not exceed 1000 CZK.
(3) Arbitration fees are the budget revenue of the general treasury.
Limitation
The right to determine and enforce the fee shall be limited by three years from the beginning of the calendar year following that in which the fee was to be paid.
Exemption of renegotiation
If the arbitration decision was annulled (Sections 22 and 23 of the Government Decree) and the dispute was ordered to be renegotiated, no renegotiation fee would be paid.
Reductions and refunds
(1) The arbitration authorities cannot reduce the fee. The Ministry of Finance may, in exceptional cases, reduce the fee.
(2) The fee shall be refunded,
(a) where arbitration rejects an application for non-competence and returns it to the applicant or where the matter does not fall within the competence of the arbitration;
(b) has been paid without legal justification;
(c) where payment has been made more than that provided for in this Regulation, in excess of the excess charge of 20, - Cčs,
(d) if the application for co-operative arbitrage or another body is referred to the State (departmental, regional) arbitration, provided that no State fees are levied for proceedings before that authority.
(3) The right to refund of the fee shall cease after one year of payment.
(4) Where a national (departmental, regional) arbitration request is referred to the court, the fee paid is included in the court fee. the difference does not return, if any. If a court of the State (departmental, regional) arbitration proceedings after oral proceedings and a court fee has been paid, the fee shall not be paid at all or only the difference shall be paid if the court fee has been lower.
Cooperative arbitrage
(1) In respect of proceedings before the authorities of cooperative arbitration, contributions to the costs shall be levied.
(2) The contributions referred to in paragraph 1 shall be the income of the Central Association of Cooperatives (Slovak Cooperative Association), in which a cooperative arbitration body (regional authority) is set up before which proceedings are conducted.
(3) The authorities of cooperative arbitrage cannot reduce the contribution. In exceptional cases, the contribution may be reduced by the relevant Central Association of Cooperatives in agreement with the Ministry of Finance.
(4) The provisions of this Regulation and the provisions adopted for its implementation apply mutatis mutandis to contributions to the proceedings before the authorities of cooperative arbitration, with the exception of the provisions of Sections 6 (2) and (3) and 9 (1) and (4).
Fees paid or fixed until the date on which this Regulation takes effect shall be deemed to be fees paid or fixed under this Regulation; any differences shall not be collected or returned.
All provisions shall be repealed if they contravene this Regulation; in particular, the Order of the Minister of Finance No 63 / 1953 Coll., setting arbitrage fees, and the Order of the Minister of Finance No 48 / 1954 Coll., setting arbitrage fees before the authorities of the cooperative arbitrage, are repealed.
This Regulation shall apply from 1 January 1959.
Broad v. r.
Děuriš v. r.
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Regulation Information
| Citation | Regulation No. 78 / 1958 Coll., establishing arbitration fees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.12.1958 |
|---|---|
| Effective from | 01.01.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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