216/1994 Coll.
LAW
from day 1. November 1994
on arbitration and the enforcement of arbitral awards
Change: 245/2006 Sb.
Change: 296/2007 Sb.
Changed: 7/2009 Sb.
Change: 466/2011 Sb.
Modified: 19/2012 Sb.
Change: 91/2012 Coll. 303/2013 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
§ 1
This Act regulates the
and decision-making disputes) independent and impartial arbitrators,
(b)) decisions contested issues belonging to the Federal Government
the Arbitration Commission of the Association under the Civil Code ^ 7) and
(c)) the performance of the arbitration awards.
The arbitration agreement
§ 2
(1) the parties may agree that the property disputes between them, with the
except for disputes arising in connection with the performance of the decision and the
incidental disputes to consultation and decision would otherwise have been
given the power of the Court or the Special Act, has
to decide one or more of the arbitrators or the Permanent Court of arbitration (arbitration
the contract).
(2) the arbitration agreement can be validly concluded, if the parties could have on the
subject to the dispute conclude a settlement. ^ 1)
(3) the arbitration agreement may relate to
and the individual has already generated a dispute) (Treaty of arbitrators), or
(b)) all disputes which would arise in the future from a particular legal relationship
or from a defined radius of legal relations (arbitration clause).
(4) unless otherwise provided in the arbitration agreement, subject to the rights of
from the legal relationships arising directly, as well as on the question of the legal validity of the
These legal relations, as well as on the rights of the rights associated with these.
(5) the arbitration agreement also binds the legal successor to the parties, if the parties in the
This Treaty explicitly ruled out.
§ 3
(1) the arbitration agreement shall be concluded in writing, otherwise it is invalid.
The written form is preserved even if the arbitration agreement is negotiated
by telegram, telex or electronic means, which allow you to
the capture of their content and determine the persons that the arbitration agreement.
(2) If, however, the arbitration clause part of the terms and conditions governing
the main contract, to which the arbitration clause applies, the arbitration clause
to be validly agreed even if a written proposal for the main contract with
the arbitration clause was accepted by the other party in a way that is noticeable
its agreement with the content of the arbitration agreement.
(3) it is taken to the arbitration agreement for the resolution of disputes
consumer contracts, must be negotiated separately and not as a
part of the terms and conditions governing the main contract; otherwise, it is invalid.
(4) well in advance of the conclusion of the arbitration clause shall provide
the entrepreneur of the consumer the proper explanation, to be able to assess
What are the consequences for the conclusion of the arbitration clause may occur.
Due explanation means the explanation of all the consequences of arbitration
clause.
(5) the arbitration clause concluded under paragraph 3 shall also contain
true, accurate and complete information on the
and arbitrators or about), that is decided by the Permanent Court of arbitration,
(b)) the way the start and the form of arbitration, management
(c) the remuneration of the arbitrator and implied) of the types of costs that can
consumers in arbitration proceedings, and the rules for their
the award,
(d)) the venue of arbitration,
(e)) method of service of the award to the consumer and
(f)), that the final arbitration award is enforceable.
(6) the arbitration clause confers standing dispute arbitration
the Court, the requirement referred to in paragraph 5, the met also with reference to statutes
the permanent arbitration courts and orders issued under section 13.
PART THE SECOND
The arbitrators
§ 4
(1) an arbitrator may be a citizen of the Czech Republic, which is an adult,
integrity and fully svéprávný, if a special regulation ^ 2) provides otherwise.
(2) the condition referred to in paragraph 1, does not fulfil the integrity of one who was
been convicted of a criminal offence, if it does not look as if the
has not been sentenced.
(3) an arbitrator designated by the arbitration of the dispute settlement clause
consumer contracts may be just the person who is registered in the list of
of arbitrators maintained by the Ministry of Justice (hereinafter referred to as "the Ministry").
§ 5
(1) no one shall be obliged to accept the function of an arbitrator. However, if this feature
accepts, is obliged to exercise it in accordance with this law and other
provisions.
(2) acceptance of the function of the arbitrator shall be in writing.
(3) the arbitrator may resign only for serious reasons or
consent of the parties.
§ 6
(1) Arbitrators are required to maintain the confidentiality of facts
which the learned in connection with the performance of the functions of the arbitrator, if
they were not exempted from this obligation.
(2) the arbitrator, the parties may waive confidentiality. If the parties
the arbitrator's discretion, decide on the exemption relieves them of confidentiality of the
serious reasons, the President of the District Court in whose district the arbitrator has
permanent residency. If the arbitrator does not have permanent residence in the territory of the Czech Republic
or it could not be determined, decide on the exemption of confidentiality President
the District Court in whose district the arbitration award was issued. If you cannot
find or place of issue of the award or not award issued in the Czech
the President of the Republic, decisions of the District Court in Prague 1.
Determine the appointment of arbitrators and the exclusion of
section 7 of the
(1) the arbitration agreement has usually determine the number of persons of the arbitrators or the
determine the way the number and person of the arbitrators are to be determined. The arbitrator
may be specified and agreed by the parties or in the manner specified in the
rules for arbitration proceedings pursuant to section 19, paragraph. 4. the final number of
the arbitrators must always be odd.
(2) if the arbitration agreement does not have the provisions referred to in paragraph 1, shall be appointed by each
of the parties, an arbitrator and these arbitrators shall elect the presiding arbitrator.
§ 8
(1) the arbitrator is excluded from the hearing and the decision of the case, if the
regard to its ratio to the point, to the participants or to their representatives is
There's reason to doubt his impartiality.
(2) the person who is to be or has been designated or appointed arbitrator shall without
the delay to the parties or the Court to announce all the circumstances that might
raise reasonable doubts about his impartiality and for which would be as
the arbitrator shall be excluded.
(3) when deciding disputes from consumer contracts is the arbitrator shall
before starting any proceedings the parties to communicate, whether in the last 3
years of released or participated in the edition of the award, or whether it is
the arbitrator in the neskončeném arbitration in the dispute, which
the participant was or is one of the parties. The time limit referred to in the preceding sentence shall
calculated from the date of the termination of the arbitration proceedings, to which the information
the obligation applies to the date of commencement of arbitration proceedings, in which the arbitrators
information obligation arises.
§ 9
(1) If a party to appoint an arbitrator to do so within 30 days
from the receipt of the request of the other party, or if they cannot be appointed by the arbitrators
at the same time agree on the person presiding arbitrator shall be appointed by
the arbitrator or the presiding arbitrator, the Court, if the parties have agreed
otherwise. The proposal may submit to the Court by any party or any of the already
appointed by the arbitrators.
(2) unless the parties otherwise agree, shall be appointed by the Court on the application of any
the parties or the arbitrator, a new arbitrator, if appointed by the arbitrator
give up the functions of the arbitrator or arbitrators cannot carry out the activity.
§ 10
(1) in the appointment of the arbitrator or the presiding arbitrator pursuant to section 9, the Court
into account the assumptions for its independent and impartial decision making.
(2) the provisions of § 5 shall apply mutatis mutandis.
§ 11
Unless otherwise provided by this law, other reasons is already designated or appointed by the
arbitrator disqualified from hearing a case, if subsequently come to light
the circumstances referred to in section 8.
§ 12
(1) the designated or appointed by the arbitrator, which came to light the circumstances
referred to in section 11, shall be obliged to give up the functions of the arbitrator.
(2) If an arbitrator give up functionality, the parties may agree on the procedure
When his exclusion. Either party may submit a proposal to the
the exclusion of the Court.
section 13
The permanent arbitration courts
(1) the permanent arbitration courts may be established only by another law or just
If the establishment of another law expressly admits.
(2) the permanent arbitration courts may issue its statutes and rules, which must
be published in a trade journal; ^ 3) these statutes and schedules may determine
the method of appointment of arbitrators, their number, and the selection of the arbitrators can bind
the list led by the Permanent Court of arbitration. Statutes and orders may also
specify how the management and decision-making, as well as other issues related to the activities of the
the Permanent Court of arbitration and the arbitrators, including the rules on costs
and the remuneration of the arbitrators.
(3) if the parties agree to the jurisdiction of a particular standing
Court of arbitration and the arbitration agreement otherwise neujednaly, in,
submit the legislation referred to in paragraph 2, at the time of the initiation of force
the procedure before the Permanent Court of arbitration.
(4) No person is entitled to use in the performance of its activities, such
the designation, which raises the false idea that it is a stable
the Court of arbitration under this Act, unless the use of such
indications authorised under other legislation or international
the Treaty, which is part of the legal order.
PART THE THIRD
The arbitration proceedings
§ 14
(1) the arbitration shall commence an action and is initiated on the date when the action
She reached the standing Tribunal or arbitrators referred to in paragraph 2.
Action has the same legal effect as if it were in this case
filed with the Court.
(2) if the action is not served in the Permanent Court of arbitration,
minutes, the arbitrators, if designated or appointed; If it is not
presiding arbitrator has not yet designated or appointed, the action is served
any designated or appointed by the arbitrators.
(3) the Permanent Court of arbitration and the arbitrator referred to in paragraph 2 shall
the lawsuit indicate the day, when he came.
§ 15
(1) the arbitrators shall be entitled to examine its jurisdiction. When they come to the conclusion,
that, according to the arbitration agreement, which was submitted to them, their power to
the decision is not given, shall decide on the resolution.
(2) an objection of lack of jurisdiction, based on the absence,
invalidity or dissolution of the arbitration agreement, unless the nullity of the
the reason that the judge in the case has not been possible to conclude the contract, a party may
make the first act at the latest in the proceedings relating to the merits of the case.
This does not apply in the case of disputes of consumer contracts.
section 16 of the
(1) where a party to the claim before the arbitrators in the limitation or
prescription time limit and if the arbitrators decide that it is not given their
the power, the effects brought by the action, a party shall submit
again, with the competent court of the arbitrators or the Permanent Court of arbitration, or
by another competent authority a complaint within 30 days of the date on which it was
delivered a decision on lack of competence.
(2) the effects of the submitted claims are maintained even if a party
annulment of the arbitration award handed to the competent Arbitration Board or standing
the arbitral tribunal, or by another competent authority, or the proposal
on the continuation in the proceedings within 30 days of the date of the entry into force of the decision
the Court, which cancelled an arbitration award.
§ 17
Arbitration takes place in a place agreed by the parties. If this is not the place
thus addressed, held in the location specified by the arbitrators with regard to
the legitimate interests of the parties.
section 18
The parties in arbitration proceedings have equal status and must be given full
the opportunity to exercise their rights.
§ 19
(1) the parties may agree on the procedure, which the arbitrators have lead
the proceedings. Management issues can be resolved to the presiding arbitrator,
If this was authorized by the parties or all the arbitrators.
(2) if the agreement referred to in paragraph 1 or the procedure is not specified
in accordance with paragraph 4, shall act as arbitrators in proceedings in a manner deemed
consider appropriate. Leading arbitration so that no unnecessary formalities and
provide the same opportunities to exercise of the rights of all parties was
found the facts of the things needed for the decision of the dispute.
(3) unless the parties otherwise agree, the proceedings before the arbitrator oral. This
the management is always non-public.
(4) the parties may determine the procedure also in the rules for arbitration,
If the arbitration agreement is accompanied by these rules. The use of the order
the Permanent Court of arbitration shall remain unaffected.
§ 19a
Address for service
The arbitrator shall forward the document to the address of the data on the Clipboard; If it is not possible to
served to document data Clipboard, delivers on the electronic
the address of the addressee is informed by the arbitrators or determined as
delivery in the arbitration agreement. If it is not possible to deliver the document to the
the address referred to above shall be forwarded to the arbitrator's document on the address you
the addressee, or the arbitrators said the address specified in the arbitration agreement.
section 20
(1) the Arbitrator may examine witnesses, experts and parties, only when the
voluntarily appear and provide testimony. Other evidence also can perform
only when they are made available to them.
(2) procedural steps, which do not themselves make the arbitrators, shall be made on
their request of the Court; the Court is obliged to comply with the request, unless the
procedural action according to the law, illegal. The Court shall take all
the decisions that are necessary to perform the request.
(3) the costs incurred by the Court performing procedural acts
referred to in paragraph 2 shall be borne by the Court or arbitrators Permanent Court of arbitration.
section 21
If any party to the arbitration award is without a copy of your
blame management wholly or in part, without their did not attend or guilt
has not exercised any act necessary to exercise its rights, the
the arbitrators to design appropriate measures to ensure that the party can do what
owe me, carried out additionally.
section 22
If, in the course of the arbitration proceedings or even before its launch, that
could be vulnerable to the performance of the arbitration award, the Court may, on a proposal from the
any party may order interim measures.
The decision of the
section 23
Arbitration ends
and the legal power of the arbitration award), or
(b)) in those cases where the delivery of the resolution when the arbitration award is issued;
the resolution must be signed, justified and delivered as the arbitration award;
If the action is brought by the Permanent Court of arbitration is withdrawn before
the establishment of the Senate or the appointment of an arbitrator, issued and signed by the resolution
terminating the proceedings the Chairman of the Arbitration Court.
section 24
(1) Arbitrators Act during the proceedings on the parties to agree on a settlement of the
resolution of the dispute.
(2) on the request of the parties to conclude a settlement in the form of an arbitration award.
§ 25
(1) the arbitration award must be usnesen a majority of the arbitrators, comprising
in writing and signed by at least a majority of the arbitrators. Operative part of the award
must be specific.
(2) the arbitral award shall contain a statement of reasons, unless the parties have agreed,
that statement of reasons is not required; This is true even of the arbitration award issued under section
24 paragraph. 2. in the case that this is a dispute of a consumer contract,
the arbitration award must always contain a statement of reasons and the lessons about the right to
a proposal for the abolition of the Court.
(3) when making a decision, the arbitrators shall be governed by the substantive law applicable to the dispute;
may, however, decide the dispute in accordance with the principles of Justice, but only when the
If the parties expressly to carry. In disputes arising from
consumer contracts will be governed by the laws of the arbitrators always
laid down for the protection of the consumer.
section 26
Error in writing or in numbers and other obvious inaccuracies that
occur in the arbitration award, the arbitrator or the Permanent Court of arbitration
at any time, at the request of either party. Such correction shall be
usnesena, signed and delivered as the arbitration award.
section 27 of the
The parties may agree in the arbitration agreement, the arbitration award may
to request any of them or both reviewed by other arbitrators.
Unless otherwise provided in the arbitration agreement must be a request for a review
sent to the other party within 30 days of the date when the party requesting
the review received an arbitration award. Review of an arbitration award is
part of the arbitration proceedings and applies to it the provisions of this Act.
section 28
(1) a written copy of the award shall be delivered to the parties and after
the delivery of the latter clause about legal power.
(2) the arbitration award, which could not be reviewed under section 27 or
the vain expiry of the period for filing the request for examination referred to in section 27 shall take
the date of receipt of a final court decision, and the effect is judicially
enforceable.
section 29
(1) the permanent arbitration courts are required to for a period of 20 years from the legal power
the arbitration award store award bearing the clause about legal
power and all of the documents showing the progress of the arbitration.
(2) the Arbitrator shall, within 30 days of the final arbitration award
to pass into the custody of the District Court in whose district the arbitration award was
the arbitration award issued, bearing the endorsement of legal power and all of the Charter
showing the progress of the arbitration; If the arbitration award is issued outside the
the territory of the Czech Republic, into the custody of the Court, does not pass.
(3) the parties may inspect the documents referred to in paragraphs 1 and 2, and
do from them and copies of the statements.
section 30
The use of the code of civil procedure
Unless the law otherwise, the proceedings before the arbitrator reasonably
the provisions of the code of civil procedure.
PART THE FOURTH
Annulment of the arbitration award ordered by the Court and stopping performance
the decision of the
section 31
The Court on the request of either party cancels the arbitration award, if
and) was issued in the matter about which you cannot conclude a valid arbitration agreement,
(b)) the arbitration agreement is invalid for other reasons or was cancelled,
or on an agreed case,
(c)) attended the arbitrator, who was not in accordance with the arbitration
of the Treaty, or otherwise called to decide or not eligibility
the arbitrator,
(d)) the arbitration award was not usnesen a majority of the arbitrators,
(e) has not been given the option of side) of the thing before the arbitrators to discuss
f) arbitration award to the performance side, condemns that was not authorized
applied for, or for the performance by the domestic law of the impossible or illegal,
(g)) an arbitrator or the Permanent Court of arbitration to decide the dispute from the consumer
contracts in violation of the laws laid down for the protection of
consumer or manifestly contrary to morality or public
policy,
h) arbitration agreement relating to the settlement of consumer contracts
does not contain the information requested in section 3, paragraph 3. 5, where appropriate, the following information
are intentionally or in the nezanedbatelném range of incomplete, inaccurate or
false, or
I) is found that is made of the reasons for that can be in the civil
procedure to request a retrial, ^ 4)
§ 32
(1) the application for annulment of the arbitration award by the Tribunal must be filed within three
months from receipt of the award, which is the side of repeal
the arbitration award is invoked, unless otherwise provided by this Act. If the
the arbitration award issued in the dispute from the consumer contract and proposal for its
the cancellation handed the consumer, the Court always examine whether the reasons given are not
for the annulment of an arbitration award under section 31 (a). and (d))) or (h)).
(2) the filing of a proposal under paragraph 1 does not have a suspensory effect on the
the enforcement of an arbitration award. At the request of the debtor, however, the Court may
enforcement of the arbitration award to defer, if communicating
the performance of the arbitration award was threatened with material injury, or if it is of the
a proposal for the cancellation of the award can conclude that it is reasonable.
(3) if the application for annulment of an arbitration award shall report to the consumer, the Court
shall examine whether the grounds for postponement are not fulfilled, the enforceability of the
the arbitral award referred to in paragraph 2, without the consumer asked. About
the postponement of the enforceability of court within 7 days from the submission of the proposal; After
This time, you cannot execute an arbitration award.
section 33
The Court shall reject the application for annulment of an arbitration award, which is based on the
the reasons for section 31 (a). (b)), or (c)), if the party, which seeks the annulment of
the arbitration award, did not apply, though, such a reason in arbitration
the proceedings at the latest, before she started to act on the merits. This does not apply, if the
disputes of consumer contracts.
§ 34
(1) if the Court of arbitration for the reasons referred to in section 31 (a). and)
(b)), g) or (h)), continues to design some of the parties after the legal power
the judgment of the merits of the case and the matter shall decide. Thing can no longer be
discussed in the arbitration proceedings.
(2) if the Court of arbitration for the reasons referred to in section 31 (a). (c))
(f)) or even), continues to design some of the parties in arbitration proceedings
on the basis of the arbitration agreement. Unless otherwise agreed by the parties, the arbitrators
the participants of the arbitration award, which was deleted for the reasons given in section
31 (a). (c)), however, are from the new discussion and decision-making shall be excluded.
Unless otherwise agreed by the parties, the arbitrators will be appointed the new way
originally specified in the arbitration agreement or in the alternative, pursuant to the provisions of the
of this law.
(3) if the Court of arbitration award issued in the dispute from the consumer
Agreement and in the arbitration proceedings the arbitrator entered in the list of featured
arbitrators maintained by the Ministry of the Court a copy of the Ministry shall
such a final decision.
section 35
(1) even if it did not produce a proposal for cancellation of the award by the Court, may
the party, which was the Court of enforcement of the award, without
regardless of the time limit laid down in § 32 paragraph. 1, submit a proposal to stop
ordered the enforcement of decisions in addition to the reasons listed in the Special
Regulation of the ^ 5) even if
and finally, the arbitration award is) any defect referred to in section 31 (a). and (d)))
or (f)),
(b)) are the grounds for annulment of an arbitration award issued in a dispute of
consumer contracts under section 31 (a). and (f))) up, h) or if they are
reasons under section 31 (a). (g)) and the arbitration award does not contain guidance on the
the right to submit a proposal for the abolition of the Court,
(c)) the party must have a legal representative, was not in the control of such
the representative of the represented and her hearing was subsequently approved,
(d)) the one who featured in arbitration on behalf of the party or its
the legal representative, was not empowered to do so, and his action was not
subsequently approved.
(2) if it is filed in accordance with paragraph 1, the court conducting the performance
arbitration proceedings for the enforcement of the decision interrupts and saves, principal
to 30 days filed with the competent court for annulment of the arbitration
the award. If it is not submitted within this period, the Court in proceedings for
the performance of the arbitration award.
(3) if the arbitration award is canceled, then the parties may proceed by analogy
pursuant to section 34.
PART THE FIFTH
cancelled
section 35a
cancelled
section 35b
cancelled
section c and 35 c
cancelled
§ 35d
cancelled
PART THE FIFTH
cancelled
the title launched
section 36
cancelled
§ 37
cancelled
section 38
cancelled
section 39
cancelled
section 40
cancelled
PART SIX
THE LIST OF ARBITRATORS MAINTAINED BY THE MINISTRY OF
§ 40a
(1) the Ministry leads the list of arbitrators, who may be designated by the referee
clause for disputes of consumer contracts.
(2) the Ministry shall publish on its website about rozhodcích
registered in the list of the following information:
name and last name),
(b)) to the address listed, contact an arbitrator
(c) the number of the certificate),
(d) the date of registration in the list) and
e) day and the reason for removal from the list.
section 40b
Entry on the list of arbitrators
(1) on application by the Ministry to the list of arbitrators writes natural person
which
and svéprávná,)
(b)), it is impeachable,
(c)) has received a degree in law
1. master's degree program studying at a University in the Czech
Republic, or
2. the study on the high school abroad, if such education in
The Czech Republic is recognised as equivalent to the training referred to in paragraph 1 to the
under the international treaty, which the Czech Republic is bound, or
If such education was recognised by a special legal act, and
at the same time such education corresponds to the content and scope of the general education
You can get the master's degree program in the field of the right to
high school in the Czech Republic,
(d)) has not been in the last 5 years on the basis of the decision of the Ministry of
removed from the list of arbitrators,
(e)) paid the Ministry of administrative fee in the amount of 5 000 Czk.
(2) the request for entry on the list of arbitrators, the Tenderer shall state the name and
last name, place of residence, social security number, if assigned,
date of birth and contact address.
(3) the application referred to in paragraph 2 shall the aspirant for entry in the list
the arbitrators
and a certified copy of the document of) education referred to in paragraph 1 (b).
(c)),
(b) a similar statement from the document) the criminal record issued by a State, which is
a citizen of, or an extract from the criminal register with the annex containing the
the information that is registered in the register of criminal records of the Member State whose
is a citizen; in the event that the State listing similar to the extract from the criminal record
issued a solemn declaration made before the competent administrative or
the judicial authority of the State; the documents must not be older than 3 months,
(c) the document proving the payment of the administrative) fee for the entry in the list.
(4) in order to demonstrate the integrity of the Ministry's requests listing
criminal records. Request for the release of the statement from the records of the register
an extract from the criminal record and criminal record shall be transmitted in electronic
the form and manner that allows remote access.
(5) the list of arbitrators shall give the Ministry without undue
the delay, if the candidate meets all of the conditions referred to in paragraph 1.
The Ministry shall issue to the list of registered arbitrators within 30 days from the
the registration of the certificate of registration.
section 40 c
Removed from the list of arbitrators
(1) the Ministry of the arbitrator removed from the list, which
and) died or was declared dead,
(b)) was found convicted of a criminal offence, if it is referred to in
a special regulation or the decision of the President of the Republic does not look like
would not have been convicted,
(c)) was limited in the final, mom,
(d)) cannot be an arbitrator under other legislation, or
e) handed to the Ministry a written request for deletion from the list, and the
the last day of the calendar month following the month in which the
the application was received.
(2) the Ministry may decide on the deletion of an arbitrator from the list,
If you seriously or repeatedly infringed the obligations laid down in this
by the law.
(3) the Ministry may decide on the temporary removal of the arbitrator,
and) against which criminal proceedings have been initiated; temporary removal takes
no later than the day following the date of when it will be delivered to the Ministry
the final decision, which ends this prosecution, or
(b)) if proceedings for his mom, and a maximum of
the day following the date on which the final decision will be delivered to the Ministry
the decision establishing this control ends.
(4) a removal referred to in paragraph 1 (b). (b) to (e))) from the list of arbitrators
notify the Ministry within 30 days of the deletion concerns.
The deletion referred to in paragraph 2 or the temporary removal pursuant to paragraph 3
the Ministry recorded in the list of arbitrators without undue delay from the
the decision on the removal or temporary removal and up to 30
days to inform it, by the removal or temporary
the deletion concerns.
section 40 d
Information obligations
The arbitrator is required to notify the Ministry without undue delay,
However, at the latest within 8 days, all the changes that are listed in the
the list and any changes in the facts, on the basis of which was entered in the
the list.
PART SEVEN
PROCEEDINGS BEFORE THE ARBITRATION COMMISSION OF THE ASSOCIATION
section 40e
This law shall also apply to the decision contested issues
belonging to the Federal Government in the proceedings before the Arbitration Commission
Association (hereinafter referred to as "the Commission") under the civil code, unless it is a in this
section unless otherwise specified. The decision by the Commission shall not apply
the provisions of the permanent arbitration courts.
§ 40f
(1) procedure before the Commission is initiated on the date when the action is delivered to the
the address indicated in the statutes of the Association. If no such address in the statutes
given, the action the Commission delivers to the address of the registered office of the Association.
(2) the parties have equal status in the proceeding and must be given full
the opportunity to exercise their rights. The statutes, the internal rules in
the statutes explicitly marked, or in writing, the agreement of the parties may
by way of derogation from that procedure, the Act establishing the Commission proceedings.
§ 40 g
(1) the Commission may discuss the matter and decide only in the presence of
the majority of its members, and at least 3.
(2) if the number of members of the Commission, who are competent to decide the matter
under the minimum number of members required for decision making by this Act or the
the statutes of the Commission, the procedure stops; This does not prevent the Court, that the matter decided.
The provisions of sections 9 and 10 shall not apply.
§ 40 h
If the Commission decides within three months in the merits of the case, a party may
exercise their rights with the Court. The statutes, the internal rules in the statutes
specifically designated in writing by the parties or the agreement can the time limit under
the first sentence should be extended for no longer than 9 months.
§ 40i
Member of the Commission, which came to light the circumstances referred to in section 11, shall be obliged to
exclude from the hearing of the matter. Although a member of the Commission, shall decide
on the proposal of the party to his exclusion from the Commission.
section 40j
(1) the Court, on application of the party cancels an arbitration award issued by the Commission in
If the Commission decide the dispute in manifestly incompatible with morality
or public policy. The provisions of § 242 BGB is not
prejudice.
(2) even if it did not the application for annulment of the award by the Court, may
the party, which was the Court of enforcement of the award, without
regardless of the time limit laid down in § 32 paragraph. 1, submit a proposal to stop
ordered enforcement of a decision, in addition to the reasons listed in the Special
the regulation, even if they are given reasons for its cancellation under section 31
(a). and) to (f)) or if they are given reasons for its cancellation by
paragraph 1 and the arbitration award does not include lessons about the right to submit a proposal to
the abolition of the Court. The provisions of § 35 paragraph. 1 (a). (c)), and (d)), and § 35 paragraph.
2 and 3 shall apply mutatis mutandis.
§ 40 k
The procedure before the Commission shall apply the provisions of § 25 paragraph. 2 the second sentence, and
§ 32 paragraph. 3, if the application for annulment of an arbitration award shall submit the
of the Association.
PART EIGHT
Substantive and territorial jurisdiction of the courts
§ 41
To the management of the invalidity of the arbitration agreement and to proceedings under this Act
It is in the first instance by the competent court which would be competent to control the
things according to a special regulation, ^ 6) if there was no arbitration agreement.
section 42
(1) the acts referred to in section 20 (2). 2 is given substantive and territorial jurisdiction
the District Court in whose area the operation has to be carried out.
(2) of the Act is to be required in accordance with paragraph 1 carried out abroad is
given the substantive and territorial jurisdiction of the District Court in whose district the is
the place where the arbitration takes place.
§ 43
To a proceeding under this Act, the Court in whose district the
takes place or arbitration was held, where this place is in the territory of the country. Otherwise,
is the locally competent court which would be competent locally, if not
the arbitration agreement. In addition to proceeding under section 9 and section 12, paragraph. 2 is given by
the local jurisdiction of the Court under the seat or residence of the applicant or
the defendant, if not in the country to find out the local jurisdiction of the Court.
§ 44
Unless otherwise provided in this Act, shall apply to the proceedings before the Court under the
of this Act apply mutatis mutandis the provisions of the code of civil procedure.
PART NINE
CHANGE AND ADDITIONS TO THE CODE OF CIVIL PROCEDURE
section 45
Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967
Coll., Act No. 158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975
Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991
Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act of the Czech
the National Council No. 24/1993 Coll., Act No. 171/1993 Coll., Act No. 117/1994
Coll. and Act No. 152/1994 Coll., shall be amended and supplemented as follows:
1. In section 9 (2). 3 (b). c) point kk) including notes no. 23) is deleted.
2. In section paragraph 36b. 1 deleted subparagraph (f)).
3. In article 88, paragraph 2 is deleted; at the same time repealed numbering
paragraphs.
4. In § 120 paragraph. 2, the words "adoption", the words "in the management of
the appointment of the arbitrator or the presiding arbitrator ".
PART TEN
Transitional and final provisions
section 46
Disputes concerning the invalidity of arbitration agreements and arbitral awards
issued by the arbitrator on the basis of a special agreement, which was initiated
the proceedings and was not decided until the date of entry into force of this
the law, to discuss and finalise the courts competent to control to the date of effectiveness of the
of this law.
section 47
The provisions of this law shall apply only if unless otherwise
the international treaty, which the Czech Republic is bound and which was
published in collection of laws.
section 48
The provisions of this law shall apply to the cases where the arbitration agreement
It was closed after the entry into force of this law. In other cases, the
proceed according to the existing legislation.
section 49
Shall be deleted:
1. Law No. 98/1963 Coll. on arbitration in international business
contact and on the enforcement of arbitration awards.
2. section 30 paragraph. 2, 4, 5 and 6 of Act No. 214/1992 Coll., on the stock exchange
securities.
3. section 28 paragraph. 2, 4, 5, 6, 7 and 8 of the Act No. 229/1992 Coll., on the commodity
stock exchanges.
section 50
This law shall enter into force on 1 January 2005. January 1, 1995.
Uhde in r.
Havel in r.
Klaus r.
Selected provisions of the novel
Article. (II) Act No. 19/2012 Sb.
Transitional provisions
1. the arbitration proceedings initiated before the date of entry into force of this Act,
in case of disputes, including the management of consumer contracts, completes
According to the existing legislation.
2. The validity of the arbitration agreement shall be treated in accordance with Act No. 216/1994, Coll.,
in the version effective at the time of the conclusion of the arbitration agreement.
3. Persons who do not meet the conditions under section 13 (3). 4 of law No.
216/1994 Coll., as amended, effective from the date of entry into force of this Act,
are required to remove this deficiency within a period of 6 months from the date of
the entry into force of this law.
4. the arbitrator, who may be designated by the arbitration clause to resolve a dispute of
consumer contracts, may not satisfy the condition of entry in the list
the Arbitration Board under this Act for a period of 6 months from the date of entry into force of
of this law.
5. The Ministry writes to the list of arbitrators maintained by the Ministry of
free of charge you an arbitrator who are entered on the list of arbitrators for
consumer disputes administered by the Arbitration Court attached to the Economic Chamber of the
The Czech Republic and agricultural Chamber of the Czech Republic, and the first day of the
the following after six months from the date of entry into force of this Act
with the exception of the arbitrators who do not meet the conditions referred to in section 4 and those
who, at the time of six months after the entry into force of this Act
the Ministry announced its disagreement with such a registration.
1) section 99 of the judicial code.
1A) Law No. 245/2006 Coll., on public nonprofit constitutional
health facilities and on amendment to certain laws.
2) for example, section 80 (2). 5 (a). (b)) of the Act No. 6/2002 Coll., on courts and
the Judges Act, as amended, section 4, paragraph 4. 3 of Act No. 182/1993
Coll., on the Constitutional Court, as amended.
3) Government regulation of the CSFR No 63/1992 Coll., on the business journal.
4, paragraph 228) section. 1 (a). and (b))) and of the code of civil procedure.
5 § 268) of the code of civil procedure.
6) section 9 of the code of civil procedure. section 3 of the CZECH NATIONAL COUNCIL Act No. 436/1991 Coll., on the
some of the measures in the judicial system, on the election of persons, their
waiver and appeal of the function and the State administration of the courts of the Czech Republic.
7) section 265 of the civil code.
