The European Convention On Commercial Arbitration

Original Language Title: o Evropské úmluvě o obchodní arbitráži

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=30584&nr=176~2F1964~20Sb.&ft=txt

176/1964 Sb.



DECREE



Minister of Foreign Affairs



of 3 July 2003. August 1964



the European Convention on commercial arbitration



On 21 February 2006. April 1961 was in Geneva on behalf of the Czechoslovak Socialist

Republic signed subject to ratification by the European Convention on the international

commercial arbitration.



On 21 February 2006. September 1963, the Convention was ratified by the President of the

of the Republic. The Czechoslovak Charter to ratification the European Convention on

international commercial arbitration has been imposed on 13 November. October 1963 in

the Secretary-General of the United Nations in New York. For the performance of

the functions referred to in article IV of the Convention was determined by Československá obchodní

the Chamber or its President.



According to article X, paragraph 8, the Convention for the Czechoslovak

Socialist Republic entered into force on 11 July. February 1964.



Czech translation of the Convention shall be published at the same time.



David v.r.



The European Convention on international commercial arbitration



The undersigned,



duly authorised thereto,



who gathered under the auspices of the Economic Commission for Europe Organization

the United Nations for Europe,



and have taken note of that 10. June 1958 was on Conference Organization

the United Nations on international commercial arbitration in New York signed

Convention on the recognition and enforcement of foreign arbitral awards,



in an effort to support the development of European trade as far as possible by removing

some of the difficulties that could impede the organisation and functioning of

international commercial arbitration in the relationship between the physical or

legal persons of different European countries,



They agreed on the following provisions:



Article. (I)



The Scope Of The Convention



1. This Convention shall apply:



and the judge) (arbitration) a contract entered into for the purpose of settlement of disputes,

that have resulted, or emerge from the implementation of the international trade between the

by natural or legal persons when concluding the contract should

their habitual residence or its head office in the different Contracting States;



(b)) on arbitration and findings issued on the basis of the contracts referred to in

paragraph 1, a) of this article.



2. For the purposes of this Convention,



and) indicate "arbitration (arbitration) contract" means either the referee

clause contained in the contract or the contract of the arbitrators, while the contract

or contract for the arbitrators are signed by the parties or contained in an Exchange

letters, telegrams or telex communications, and in relations between States,

whose laws do not require that the arbitration agreement was made in writing

in the form, means any agreement concluded in the form of a holiday these

the laws;



(b)) the designation "arbitration" means not only dispute resolution arbitrator

established for individually designed case (ad hoc arbitration), but also

deciding the permanent arbitration institutions;



(c) the description "registered office") means a place where an undertaking which has

arbitration agreement.



Article II.



The eligibility of legal entities of public law to submit to arbitration



1. in the cases referred to in article I, paragraph this Convention can

the legal entity which, under the law applicable to them

considered "legal persons of public law" validly conclude

the arbitration agreement.



2. When signing, ratifying or acceding to this Convention, each

a Contracting State may declare that it restricts the possibility under the conditions specified above

closer in his statement referred to.



Article. (III)



Eligibility of foreign nationals act as mediators



In any arbitration, to which this Convention applies may be as arbitrator

appointed also foreign nationals.



Article IV



Organisation of the arbitration



1. the arbitration agreement, the parties may negotiate



and submit their disputes) that the permanent arbitration institution; in this case, the

the arbitration will be governed by the regulations of the institution; or



(b)) that the arbitration shall submit their differences for the individual case (ad

hoc); in this case, in particular, will be able to:



I) appoint arbitrators or to establish a procedure according to which the arbitrators

appointed in the case recorded of a dispute;



(ii) to determine the place of arbitration);



(iii)) to establish rules for management of the negotiations of the arbitrators.



2. If the parties have agreed to submit their dispute decision

ad hoc arbitration and if, within 30 days counted from the

delivery of the arbitration application (the application) to the defendant-one of the parties

does not appoint its own arbitrator arbitrator will be-if not between the parties

otherwise agreed-appointed at the request of the other party, the Chairman of the relevant

Chamber of Commerce in the country where the party who is in default at the time of

the filing of the arbitration request, their habitual residence or its head office. This

the paragraph will be used also for the replacement of arbitrators appointed by one of the

party or the President of the Chamber referred to above.



3. If the parties have agreed to submit their dispute decision

ad hoc arbitration by a single arbitrator or a few

the arbitrators without the arbitration agreement contained such details of measures

necessary for the Organization of the arbitration, as those in paragraph 1

This article, the following measures will be taken by an arbitrator or arbitrators,

who have already been appointed, unless the parties have agreed themselves on these

measures and, subject to the case referred to in paragraph 2. Unless otherwise agreed by

the parties on the appointment of a sole arbitrator or unless the

arbitrators on the measures that need to be done, the applicant may pursuant to its

options request the implementation of these measures, if the parties agree on the

the place of the arbitration proceedings, either the President of the Chamber of Commerce in the country

the place of arbitration selected parties, or the President of the

the Chamber of Commerce in the country in which the defendant at the time of

filing an arbitration claim their habitual residence or its head office. If

the parties have agreed on the place of the arbitration proceedings, the Prosecutor may apply

at its option, either to the President of the Chamber of Commerce in the country in which

the defendant has his habitual residence, domicile or their seat or

the Special Committee, whose composition and method of operation is set out in

The annex to this Convention. If the plaintiff did not use permissions

provided for in this paragraph, he may use these permissions to the defendant

a party or an arbitrator.



4. the President and the Special Committee may, after receipt of an application depending on the nature

case



and to appoint a sole arbitrator), presiding arbitrator, the high

an arbitrator or the third arbitrator;



(b)) to replace one or several arbitrators appointed in another way,

than that prescribed in paragraph 2 of this article;



(c) to determine the place of arbitration), arguing that arbitrators may choose a different location

arbitration;



(d)) to determine the rules of procedure, which the arbitrators have control, either direct

their determination or referring to the order of some of the permanent arbitration institution,

If the arbitrator, in the absence of agreement between the parties, such

the rules of procedure have not established themselves.



5. If the parties they submit their dispute to a permanent decision

the arbitral institution without the institution, appoint and if

cannot agree on the appointment, the applicant may submit a request for

such appointment in a manner corresponding to the provisions of paragraph 3 of this

article.



6. If the arbitration agreement does not contain any information about how

Arbitration (arbitrage in a permanent arbitral institution or arbitrage ad

hoc), the Parties decided to submit their dispute and if the parties

on this issue, the plaintiff has the option to use the procedure in this matter

proposed in paragraph 3 of this article. The President of the trade

Chamber of Commerce or the Special Committee may either refer the parties to any permanent

the arbitration institution, or invite the parties to appoint their arbitrator in

the period which they shall determine, and shall at the same time agree on measures

necessary for the conduct of the arbitration. In this last case, the

then applied to paragraphs 2, 3 and 4 of this article.



7. If, within the period of 60 days from the time when it was raised one

of the requests referred to in paragraphs 2, 3, 4, 5 and 6 of this article, the President of the

Chamber of Commerce, determined in accordance with one of the following paragraphs, the application

does not pass, the applicant can contact the Special Committee to

He took over the performance of the functions that have not been met.



Article. In



The claim of jurisdiction of the arbitrator



1. a party that wants to raise the objection that the arbitrator,

based on the absence of the invalidity or termination of the arbitration,

of the contract may do so during the arbitration proceedings at the latest when

submission of the objection on the merits. The objection that establishing the

the fact that the issue goes beyond the jurisdiction of an arbitrator may raise

at the latest, as soon as it will be applied during the arbitration dispute

the question, which goes beyond the jurisdiction of an arbitrator discussions. The arbitrator

may allow the application of the objection, if delay nepříslušnosnosti

the parties in the application of the objection is due to the cause of the arbitrator

shall be considered sufficient.



2. the competence referred to in paragraph 1 of this article, that would

the absence within the time limits under this paragraph 1 cannot be already

implemented in the next period of arbitration with respect to the objection that

may apply only in accordance with the law applicable by the parties themselves, the arbitrator

nor can they be already applied in later court proceedings on the merits


or in the case of enforcement of the award, in the case of objections left on

the will of the parties according to the law as laid down by the rules of the Court of kolisních

deciding on the substance or on the exercise of the arbitration opinion.

However, the judge may review the decision of the arbitrator found delayed

the application of the objection.



3. Subject to its subsequent judicial review of the permitted by law

the court hearing, an arbitrator whose jurisdiction is taken into

doubt does not desist in the execution of the arbitral proceedings; is entitled to

decide on their own jurisdiction, as well as about the existence or

the validity of the arbitration agreement or contract, which includes a judge

the contract.



Čl.VI



Place of jurisdiction



1. The claim of jurisdiction of the Court, which is to be applied by the Court in the proceedings

instituted one of the parties the arbitration agreement and that is based on

the fact that there is an arbitration agreement must be under threat

loss of the right to this argument because of the expiry of the deadline imposed

the defendant either before applying the objections on the merits or

at the latest at the same time with these objections, depending on whether the law of the State

the case is pending, the Court considers that the objection that the question

proceedings or for the question relating to the merits of the case.



2. when deciding on the existence or the validity of the arbitration agreement will be

the courts of the Contracting States the eligibility of Parties assessed according to the law in force

for those parties and with regard to other questions will follow:



and according to the law, to whom) the parties submit their arbitration agreement;



(b)) if not for this law made no mention, according to the law

the country in which the award is to be delivered;



(c)) if not made mention of the law to which the parties submit their

Agreement, and if at the time when the question was raised before the Court, cannot

be anticipated, in which country is to be issued by an arbitration award, according to the law

applicable under kolisních of the rules of the court seised.



The Court may refuse to recognise the arbitration agreement, if under the law of its

State dispute cannot be submitted to arbitration.



3. If the arbitration proceedings have been initiated before it was invoked

any legal proceedings, the courts of the Contracting States for which was later

an action relating to the same subject matter and between the same parties or related

the absence of the findings, the invalidity or termination of the arbitration agreement

postpone-unless serious reasons-decision on the question of

the jurisdiction of the arbitrator until before the arbitration award will be issued.



4. the application for authorisation of provisional or precautionary measures submitted by the

the Court shall not be considered as incompatible with the arbitration agreement, or

as a referral to the Court for a decision on the merits.



Article. (VII)



Applicable law



1. the parties have the will to determine the right, which the arbitrators have the use for

decisions on the merits. If the party does not mark the applicable law, the arbitrators

apply the law designated by the rules of the kolisního, which will be considered

reasonable in a given case. In both cases, the arbitrators shall take into account

to the provisions of the Treaty and to the business practices.



2. The arbitrators to act as intermediaries for the agreement between the parties,

If it corresponds to the wishes of the parties, and if allowed by law, according to

which shall be governed by the arbitration.



Article. (VIII)



The preamble of the award



It is assumed that the parties have agreed that the arbitration award must be

justified, unless the



and) the parties expressly declare that they find or that it will not be (69)



b) undergo arbitration, in which the State is not normal

the reasons for arbitration, if in such a case the parties or one of the

do not request them explicitly before the end of the oral proceedings, or

If there had been no oral hearing before drafting the finding that the reasons

have been listed.



Article. (IX)



The cancellation of the award



1. cancellation of the award, which is governed by this Convention in any

a Contracting State shall not constitute grounds for non-recognition or enforcement in

another Contracting State, unless the cancellation has uttered in that State in

that finding was issued or under whose law was issued, and for

one of these reasons:



and of the arbitration agreement) the parties were under the law, which is applicable to them,

ineligible to act or the said agreement is not valid under the law,

which the parties subjected to this agreement, or if such a right

neoznačily, under the law of the State where the award was issued; or



b) party requesting cancellation, was not duly informed of the provisions of the

an arbitrator or of the arbitral proceedings or cannot for other reasons, in the

Express;



(c) the finding relates to the dispute), not covered by the contract of the arbitrator or

that is not within the limits of the arbitration clause, or find the decision to be

beyond the reach of the Treaty of the arbitrator or of the arbitration clause; If they can

However, the provisions of an arbitration award on matters subject to arbitration

control separated from the provisions relating to matters that are not subjected to him,

the first of them may remain unaffected; or



(d) the composition of the arbitral tribunal or) the arbitration procedure was not in accordance with the

agreement of the parties, or failing such agreement, was not in accordance with the

Article IV of this Convention.



2. In relations between the Contracting States which are also parties to the

The New York Convention on the recognition and enforcement of foreign arbitral awards of June 10.

June 1958, limits the provisions of paragraph 1 of this article, the application of article V,

paragraph 1 (e)) New York Convention only on the cancellation reasons, that this

paragraph explicitly States.



Article. X



Final provisions



1. this Convention is open for signature or accession States, which are

members of the Economic Commission for Europe and States admitted to the

The Commission on the status of the Advisory pursuant to paragraph 8 of the Commission's mandate.



2. the countries that are eligible to participate in certain activities of the Economic Commission for

Europe in accordance with paragraph 11 of the Commission's mandate, may become Contracting

Parties to this Convention, access to enter into force.



3. the Convention shall be open for signature until 31 December 2006. December 1961. Then

It will be open for access.



4. this Convention shall be ratified.



5. Ratification or access will be made by depositing an instrument in

the Secretary-General of the United Nations.



6. Upon signature, ratification or accession to this Convention shall send to the Contracting

Parties to the Secretary-General of the United Nations list

Chambers of Commerce or other institutions in their country, whose

the Presidents will be entrusted with functions assigned to article IV of this Convention

the Presidents of the respective Chambers of Commerce.



7. The provisions of this Convention shall not affect the validity of multilateral or

bilateral agreements relating to the arbitration, that Contracting States have already

closed or sealed.



8. This Convention shall enter into force on the ninetieth day after five of the countries,

covered by paragraph 1 of this article, have deposited their instruments of ratification

instrument or instrument of accession. For each country, later ratifikující

This Convention or acceding to it, this Convention shall enter into force on

the ninetieth day after the date of such country deposits its instrument of ratification of

or the instrument of accession.



9. Any Contracting Party may denounce this Convention by notification

the Secretary-General of the United Nations. The denunciation shall take

the effectiveness of twelve months after the date on which the Secretary-General receives notification

about the notice.



10. If, after the entry into force of this Convention, the number of

of the parties as a result of the testimony shall be reduced to less than five, the Convention

the expiry of the effective date of the final notice.



11. The Secretary-General of the United Nations will register with

countries referred to in paragraph 1, and countries which have become Contracting Parties to the

in accordance with paragraph 2 of this article,



and) declarations made under article II, paragraph 2,



(b)) ratification and accessions in accordance with paragraphs 1 and 2 of this article,



c) communication by in accordance with paragraph 6 of this article,



(d)) date of entry into force of this Convention in accordance with paragraph 8 of this article,



e) denunciation under paragraph 9 of this article,



f) termination of this Convention in accordance with paragraph 10 of this article.



12. After 31 December 2006. December 1961 the original of this Convention, deposited with the

Secretary-General of the United Nations, which each country covered

subject to paragraphs 1 and 2 of this article shall send certified true copies thereof.



In witness whereof the undersigned, being duly authorised thereto, have signed the

This Convention.



Done at Geneva on 21. April 1961, in a single original in the Russian, English

and French languages, all three texts being equally valid.



XIII.



The composition and functioning of the Special Committee referred to in article IV of the

Of the Convention



1. the Special Committee referred to in article IV of the Convention will be composed of two

the permanent members and the President. One of the permanent members will be elected by the business

Chambers of Commerce or other institutions designated under paragraph 6 of article X

The parties of the Convention, States in which, at the time when the Convention is open to

signature, are established by the national komitéty International Chamber of Commerce and

that at the time of the choice are parties to the Convention. The other Member will be elected by the

Chambers of Commerce or other institutions designated under article X

paragraph 6 of the Convention, the States in which the parties at the time when the Convention is

open for signature, there are established national komitéty International


Chamber of Commerce and that in the time of the choice are parties to the Convention.



2. the persons authorised to exercise the function of the Chairman of the Special Committee for the

the conditions laid down in paragraph 7, will also be chosen business

Chambers of Commerce or other institutions in the manner prescribed in paragraph 1 of this

Of the annex.



3. the Chamber of Commerce or other institutions referred to in paragraph 1 of this

The annex shall elect at the same time and under the same conditions as the President and the Permanent

Members also alternates of Presidents and the permanent members of the Special Committee on

in case that the Presidents or the permanent members do not have the possibility of temporarily

carry out their duties. If the President or the standing member cannot

continue to carry out their duties or resigns, the elected alternate

becoming President or a permanent member of the Group and the Chambers of Commerce or

other institutions, which has chosen an alternate, who became President or

a permanent member, chooses a new surrogate.



4. the first election of the Committee shall be held within 90 days after the deposit of the fifth instrument of ratification

instrument or instrument of accession. These options may also attend

the Chamber of Commerce or other institutions of States that have signed the Convention, but

still not become Contracting Parties thereto. If it was not possible

to proceed to the options in the specified time limit, the application of paragraphs 3 to 7

Article IV of the Convention stopped until when will be made to the above

options.



5. subject to the provisions of paragraph 7 shall be members of the Special Committee

elected for a term of four years. New elections will be carried out in the first six

months of the fourth year counted from the previous election. If the new option

members of the Committee have not led to results will remain before the election of the members of the

its functions until the election of new members.



6. the results of the elections of the members of the Special Committee will be communicated to the

the Secretary-General of the United Nations, which shall notify the States

referred to in paragraph 1 of article X of this Convention as well as States that are

become Contracting Parties in accordance with paragraph 2 of article X of the Secretary General

also these countries shall notify any cessation of effectiveness and re-use

paragraphs 3 to 7 of article IV of the Convention referred to in paragraph 4 of this annex.



7. The person selected by the President to carry out his duties, each alternately

during the two years. Entrust the Chairman of one of the two people selected for

the conditions of paragraph 2 becomes vylosováním for the first period of two years after

When the Convention enters into force. The Presidency always falls for

the period of the next two years to a person selected by the Chairman of the Group of States parties

different from the groups that chose the President, which carries out its function

during the immediately preceding two-year period.



8. Requests the Special Committee referred to in article. (IV) in paragraphs 3 to 7 of the Convention,

serves the Executive Secretary of the Economic Commission for Europe. The Executive

the Secretary shall forward them to the Member of the Special Committee, the first selected a different

a group of countries than the group that chose the President of the executing

its function at the time of submission of the application. The solution proposed by a member, on the

that first turned the Executive Secretary, will be handed over to the

through the Executive Secretary to another Member of the Committee and, if

This member with a solution to agree it will be considered a decision of the

The Committee and the Executive Secretary will be communicated to the applicant.



9. If both members of the Special Committee, which turned the Executive

Secretary, will not be able to agree on a written solution way, shall convene the

the Executive Secretary of the Economic Commission for Europe meeting of the Special

The Committee to Geneva to try to reach a unanimous decision on the

request. If it is not unanimity, the decision will be made

A majority of the Committee and communicated to the Executive Secretary of the applicant.



10. Expenses related to the conduct of the Special Committee in a dispute which will be

follow this Convention, he shall pay the advance the appellant to be entitled to

apply them as an expense control.