19/2012 Sb.
LAW
of 20 December. December 2011,
amending the Act No. 216/1994, Coll., on arbitration proceedings and enforcement of
arbitration awards, in wording of later regulations, and other related
the laws of the
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment of the Act on arbitration
Article. (I)
Act No. 216/1994, Coll., on arbitration proceedings and enforcement of arbitral awards,
as amended by law No 245/2006 Coll., Act No. 296/2007 Coll. and Act No.
7/2009 Coll., is hereby amended as follows:
1. In article 1 (1). 2 at the end of the text, the words "or if it has been
proceedings before the financial arbiter or was in this proceeding
decided on the merits. "
2. In article 2 (2). 1, after the words "to the discussion and decision
otherwise, it was given the power of the Court ", the words" or on which it lays down
the special law. "
3. In section 3, the following paragraphs 3 to 6 shall be added:
"(3) arranged by-if 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. ".
4. section 4 of including a footnote No 2:
"section 4
(1) an arbitrator may be a citizen of the Czech Republic, which is an adult,
of integrity and is competent to act, if special předpis2)
provides otherwise.
(2) an alien may perform the function of an arbitrator, if it satisfies the condition
the age of maturity, integrity and competence of legal capacity, with
condition of eligibility to legal acts shall be governed by the legislation of the State
which is a member of. However, if such a person has the capacity to
legal capacity under the law of the Czech Republic.
(3) a condition of good repute in accordance with paragraphs 1 and 2 does not meet one who was
been convicted of a criminal offence, if it does not look as if the
has not been sentenced.
(4) the Arbitrator designated by the referee the dispute settlement clause of the
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").
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. ".
5. In section 6 paragraph 2 is added:
"(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 for Prague 1. ".
6. In section 7 (2). 1, the first sentence shall be inserted after the phrase "the arbitrator can be specified
both parties agreed on the person or in the manner provided in the rules for the
arbitration proceedings pursuant to section 19, paragraph. 4. ".
7. section 8:
"section 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. ".
8. In section 13 paragraph 1 reads:
"(1) the permanent arbitration courts may be established only by law or other
only if their establishment of another law expressly admits. ".
9. In article 13, the following paragraph 4 is added:
"(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 rule of law. ".
10. In section 15, at the end of paragraph 2 the following sentence "this does not apply in the case of
settlement of consumer contracts. ".
11. In section 19, paragraph. 2, the words "referred to in paragraph 1" shall be inserted the words "or
It is not a procedure referred to in paragraph 4 ".
12. In article 19, the following paragraph 4 is added:
"(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. "
13. section 23, including the title:
"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. ".
14. In section 25 is at the end of paragraph 2 the following sentence "in the case that this is
the dispute from the consumer contract, it must always contain an arbitration award
justification and lessons about the right to submit a proposal for the abolition of the Court. ".
15. In section 25 is at the end of paragraph 3 the following sentence "in disputes of
consumer contracts will be governed by the laws of the arbitrators always
laid down for the protection of the consumer. "
16. In section 31 for the letter f) the following points (g) and (h))) are added:
"(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 ".
Letter g) is referred to as the letter i).
17. In article 32 at the end of paragraph 1, the following sentence
"If the arbitration award is issued in the dispute from the consumer contract and proposal
at its dissolution, the Court handed the consumer always examine whether are not made
the grounds for annulment of an arbitration award under section 31 (a). and (d))) or
h).“.
18. In § 32 paragraph. 2 at the end of the text of the second sentence, the words "or
If the application for revocation of the arbitration award can conclude that it is
reasonably ".
19. In article 32, the following paragraph 3 is added:
"(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 the arbitration award. ".
20. At the end of section 33 shall be supplemented with the sentence "this does not apply in the case of disputes of the
consumer contracts. ".
21. section 34 reads:
"§ 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 a reason other than is set out in section 31 of the
(a). and (b)),) and remains in the validity of the arbitration agreement. Unless the
otherwise, the arbitrators, the parties involved in the arbitration award, which has been canceled
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, will be the new
the arbitrators shall be appointed in the manner originally specified in the arbitration agreement or
in the alternative, pursuant to the provisions of this Act. ".
22. In article 34, the following paragraph 3 is added:
"(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. "
23. In section 35, paragraph. 1 introductory part of the provision, the words "performance
the arbitration award, ", the words" Notwithstanding the time limit laid down in section
paragraph 32. 1. "
24. In section 35, paragraph. 1, letter a) the following new subparagraph (b)), which read:
"(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. "
The former subparagraph (b)) and (c)) shall become points (c) and (d)).)
25. As part of the fourth part five shall be inserted, which read:
"PART OF THE FIFTH
THE LIST OF ARBITRATORS MAINTAINED BY THE MINISTRY OF
section 35a
(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
These data are entered in a list
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 35b
Entry on the list of arbitrators
(1) on application by the Ministry to the list of arbitrators writes natural person
which
and) is eligible to legal capacity,
(b)), it is impeachable,
(c)) received the higher education of 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, 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
citizen or, in the case that the State does not issue such a document, the Honorable
a declaration made before a competent administrative or 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 c and 35 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 deprived of a final or limited in legal capacity,
(d)) cannot be an arbitrator under other legislation,
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 the proceedings about his eligibility to legal capacity,
no later than the day following the date of when it will be delivered to the Ministry
the final decision to which this procedure ends.
(4) in accordance with paragraph 1 (a) Ovyškrtnutí. (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.
§ 35d
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
list. ".
26. In section 37 is at the end of paragraph 1, the following sentence "in the case of disputes
consumer contracts must not be to the detriment of consumer choice and
It must not mean reducing the level of protection of its rights under this Act, or
other legislation ".
Article. (II)
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.
PART THE SECOND
The amendment to the law on court fees
Article. (III)
Act No. 549/1991 Coll. on court fees, as amended by Act No.
271/1992 Coll., Act No. 36/1995 Coll., Act No. 241/2000 Coll., Act No.
255/2000 Coll., Act No. 151/2002 Coll., Act No. 112/2006 Coll., Act No.
115/2006 Coll., Act No. 159/2006 Coll., Act No. 296/2007 Coll., Act
No 123/2008 Coll., the Act No. 216/2008 Coll., Act No. 7/2009 Coll., Act
No 217/2009 Coll. and Act No. 218/2011 Coll., is hereby amended as follows:
1. In the annex to the Act for item 17, the following new item 17a, which
added:
"Item 17a
For the application for annulment of an arbitration award
and if his) is subject to the Act and the proposed revocation,
that the 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 incompatible with morality,
the fee referred to in item 1
(b)) in other cases Czk 3-0.0 ".
2. In the annex to the Act in item 30, point 1, the words "and of the Protocol"
replaced by the words "Protocol and a certified statement from the registers and the
records ".
3. In the annex to the Act in item 30 point 2, the words "and other parts of the files"
replaced by the words ", other parts of files and other records
AIDS ".
PART THE THIRD
Amendment of the Act on administrative fees
Article. (IV)
In the annex to the Act No 634/2004 Coll., on administrative fees, as amended by
Act No 312/2006 Coll., Act No. 130/2008 Coll. and Act No. 254/2008
Coll., in the 10 following the letter f) including notes below
line no 9b):
"(f)) entry on the list of arbitrators ^ 9b) Czk 5 000
9B) section 35a and subs. the Act No. 216/1994, Coll., on arbitration proceedings and enforcement of
arbitration awards, as amended. ".
PART THE FOURTH
Amendment of the Act on electronic communications
Article. In
Act No. 127/2005 Coll., on electronic communications and
some related laws (Act on electronic communications)
as amended by law no 290/2005 Coll., Act No. 361/2005 Coll., Act No.
186/2006 Coll., Act No. 235/2006 Coll., Act No. 310/2006 Coll., Act No.
110/2007 Coll., the Act No. 261/2007 Coll., Act No. 304/2007 Coll., Act No.
124/2008 Coll., Act No. 177/2008 Coll., Act No. 189/2008 Coll., Act No.
247/2008 Coll., Act No. 384/2008 Coll., Act No. 227/2009 Coll., Act No.
281/2009 Coll., Act No. 153/2010 Coll., Act No. 94/2011 Coll. and Act No.
137/2011 Coll., is hereby amended as follows:
1. In article 127, the following paragraph 6 is added:
"(6) for the settlement of disputes decided procedure laid down in paragraphs 1 to 4 may be
to arrange a special agreement in accordance with the law on arbitration and the enforcement of
arbitration awards, as regards disputes concerning the fulfilment of the obligations to the difference relative
performance. ".
2. In article 129, the following paragraph 5 is added:
"(5) to the solution of the dispute in accordance with paragraph 2 of the arbitration agreement may be concluded in accordance with
the law on arbitration and the enforcement of arbitral awards. ".
PART THE FIFTH
The EFFECTIVENESS of the
Article. (VI)
This Act shall take effect on the first day of the third month following
After the date of its publication.
Němcová in r.
Klaus r.
Nečas in r.
