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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
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.
The European Convention on international commercial arbitration
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:
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
(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
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.
Eligibility of foreign nationals act as mediators
In any arbitration, to which this Convention applies may be as arbitrator
appointed also foreign nationals.
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
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
(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
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.
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
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.
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.
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.
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
(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.
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
Done at Geneva on 21. April 1961, in a single original in the Russian, English
and French languages, all three texts being equally valid.
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
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.
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