, Which Publishes The Rules Of Court Of The Mixed Court Of Arbitration

Original Language Title: , kterou se uveřejňuje soudní řád smíšeného rozhodčího soudu

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=2790&nr=1~2F1922~20Sb.&ft=txt

1/1922 Sb.



Decree



Minister of Foreign Affairs



on 2 December. January 1922,



which publishes the rules of Court of the mixed Court of arbitration

Czechoslovakia – German according to article 304. the peace treaty of Versailles.



Translation.



The rules of court



the joint Czechoslovakia-German Arbitration Tribunal.



(I).



Organization of the Court.



Article 1.



The composition of the Court.



The Court consists of a President and two judges judges who are

appointed according to the provisions of article 304. the Treaty of Versailles, and all

control at least French and German language.



Article 2.



The language.



The official languages of the Court are českoslovenština, French and German.

These three languages may use the written procedure, the parties

reserves vyžádati the necessary translations. At a hearing

However, the parties and their agents must speak the language understandable to all

the members of the Court.



Article 3.



The Secretariat.



The Secretariat is based in Geneva, Switzerland, Rue de la Corraterie 21.



Article 4.



Instead of the Assizes.



The President shall in each case where the Court will

zasedati.



Article 5.



Delivery.



Service, communication, and the convening of the Court is done by registered letter

the Secretariat is the reverse of the receipt.



II.



Parties and agents.



Article 6.



Representation of parties.



The parties are represented by agents or act before the Court in person.

The party, which apparently is not capable of acting before the court personally, you may

the President of the Court plays, the time limit to the appointment of the monitoring trustee.



Article 7.



Who can be an agent.



A representative can be made: 1.



and Lawyers) States concerned members are parties, or attorneys of the State

in which the Court sits.



(b)) other States attorneys with the permission of předsedovým.



2. Professors of law schools under the same conditions as lawyers.



3. in patent matters "Patent agents" of both the participating

States.



8.



Procedural Attorney.



Agent must osvědčiti his powers of Attorney, attached to the application,

otherwise, it will not be taken into account. At the request of the respondent, any of the

the representatives of the State, or even of its own motion, the Court shall require that the signature of the

zmocnitelův has been validated.



III.



The representatives of the States.



Article 9.



Participation in the proceedings.



Representatives of the participating Governments are entitled to zastupovati its own State and to

to enter negotiations at any stage of the proceedings.



They represent the poor members of their State in a manner designated by their

the Government.



All notifications and delivery, which are available to the parties, they must be

made them as well.



IV.



Administration.



Article 10.



Form.



The submission be written or printed, typed and signed

an agent or party, but if this is before the Court in person.



Article 11.



Copies.



To submit let there be accompanied by:



1. So many copies, how much is the opponents.



2. six copies for the members of the Court and the representatives of States.



Special ordered copies of the obligation also applies to annex, but the President may

When the bulky papers from connecting at all to free copies or

permit, to submit only copies of the partial.



Article 12.



Of the annex.



The annex to the submission can be written up in all three official languages of the

the Court.



Annex drawn up in the language of the Czechoslovak be accompanied by a translation

French or German. At the request of a party or of a

an agent may be the Chairman to annex drawn up in French or

German was translated into another official language of the Court.



Article 13.



Delivery.



The Secretariat shall be mentioned on the filing date, where there has been, and will confirm his side

income.



Delivery to the respondent is going on by registered letter with confirmation.

If the adoption was denied, the service performed.



Article 14.



Calculation of time limits.



The time limits are counted only for days. The first and last day of the period is

nečítají. If the last day of the period falls on a per day

the festive season at the site of the Secretariat of the conventions, in the period yet the nearest day

unremarkable.



The period prescribed for filing is maintained, if the Administration was passed to the

Post Office on the last day of the period.



In the.



The action is.



Article 15.



The start of the dispute.



The dispute is commenced an action in the Court.



Article 16.



The time limits.



All claims must be sent to the Secretariat by 30 June. June 1922.



The exemption applies only in those cases where the filing of an action depends on the

facts within the time limit laid down in paragraph i. still

There have been, or to the detriment of that at the same time could not be detected. In

of these cases, the action must be filed within a period of 100 days from the date on which the

the applicant could or had to zvěděti that the facts in question occurred or

When damage or had to find out.



Article 17.



Missing the deadline.



Action brought after the expiry of the deadline may be rejected as delayed on

the design of the respondent or ex officio. The Tribunal shall decide according to the free

discretion about how they can be lazy action allowed přihlížeje to

reasons for the delay, of the interests for which it is, and to the principles of decency.



Article 18.



Posting of security.



In order to ensure the payment of procedural costs and expenses of litigation, each

the plaintiff or the plaintiff's to each other, which does not enjoy the rights of the poor, is obliged to

složiti security in the amount of one hundred switz. francs, which will be increased by two

the value of the contested subject promille converted to Swiss francs.

The President may, if it considers it necessary, may be the composition of the higher security

but not over 10,000 francs, or permit the lodging of a lower

than is provided above.



The money, which has to be composed, as security shall be calculated according to the rate

znamenaného Geneva the Bursa at the moment when the action of the Court.

The party required a telephone security must složiti a set amount in the "Banque

de Genéve "in Geneva, according to a communication from the Secretariat, and within the time limit, the

It will be established.



If it is not lodged within the specified time, the action can be considered

an invalid and nepodanou.



After the end of the dispute, the Court shall decide, at its discretion, if

release of the security of the whole or part thereof.



Representatives of the State are not obliged to složiti security.



Article 19.



The right of the poor.



Representatives of the State represent their members as beneficiaries of the rights of the poor, and

are not required to credit the guarantee. According to the law of the competent State shall be assessed,

whether the party entitled to the right of the poor. The President may shall require

the poverty card.



Article 20.



The content of the action.



The application must: (a) obsahovati) accurate and detailed indication of parties, their

nationality and place of residence, as well as the designation of a procedural representative

of the plaintiff.



(b) the designation of an agent for service of process), which can be a person resident in

the place where the Secretariat is established, or the Office of the representatives of States: Berlin W8,

Behrenstrasse 21, and Prague, the Ministry of Justice.



c) placing the facts from which it is apparent that the time limits referred to in article 16.

have been complied with.



(d)) of the facts on which the action is based, with a detailed indication of the

evidence at the end of each paragraph.



(e) the legal basis of the action), and must be always accurately listed

the texts of the laws and judicial decisions, which the lawsuit alleges.



f) Proposals žalobcovy.



(g)) the list of annexes, which shall be annexed to the grounds of the action, among which, in

cases articles 302. and 305. the contract must be provided copies of the

judgment or decision, for which a correction is requested.



h) Žalobcovo value of the claim of the article, if the applicant

debt forgiveness of payment of a certain sum of money.



I) Procedural power of zmocněncovu after the sense of article 8.



Article 21.



Change proposals.



Designs can be modified by the defence until the end of the oral version,

assuming this does not change the plea.



Article 22.



The delivery of the application.



If a registered letter with an action could not be served on the defendant-

Apart from the ku case referred to in article 13, paragraph 2., at the end-

or if from the findings made by one of the representatives of States,

It follows that the residence or stay of the defendant are not known, the President shall

the representative of the State of which the defendant is a member of that service credit

carry it out under the laws of this State.



Vi.



In response to a lawsuit, replica and duplika.



Article 23.



The time limit for a response to a complaint.



In response to a lawsuit, the defendant must not administer the Secretariat within a period which

the Chairman.



Of article 24.



The contents of the.



In response to a legal action must be drawn up in accordance with article equivalent of the regulations 20 (a, b,

(d) to (g), (i)). On the action shall apply to each other. 20 h.



The answer must over obsahovati in any case, certain declarations

the defendant, whether it recognises or denies the fact alleged in the petition. In the case of

the fact that they are not personally known to the respondent, the omeziti on

a declaration that he is not aware of.



Article 25.



Replica and duplika.



As soon as the Secretariat in response to a lawsuit, the Chairman of the new

the filing deadline to replicas and then a further period to the defendant filing the Rejoinder.



Article 26.



The end of the preliminary proceedings.



Where a time limit has elapsed provided for in article 23, without the defendant filed an answer,

or if it is filed within the time limit provided, and i have been administered, duplika

or when the deadline to submit the replicas and the Rejoinder will be passed the preparatory

management has been declared completed.



Another round of preparatory submissions will not be permitted, but then the Court should


again launched the preparatory proceedings, vymeziv points, covered znovuzahájené

proceedings are vztahovati.



27.



Confession in silence.



If in the application or in any of the above mentioned preparatory submission

within certain facts and the defendant express about them just

or does not respond at all evasively, such facts, the Court may

thought me for doznané.



VII.



Objections.



Article 28.



Form of their period.



The defendant's objection, for which he refuses to enter in negotiations on its own

the subject of the dispute must be listed in the defence, before the

other outlets.



Article 29.



The decision on the objections.



The Court may, on the basis of the defence usnésti that of opposition will be

immediately decided. The Court shall inform the defendant and the plaintiff time to

the observations.



Once the deadline expires, the Court only on the basis of the files, but that would

one of the parties expressly requested an oral hearing.



VIII.



The intervention.



Article 30.



The principle.



Who has a legal interest in the outcome of the dispute, or to whom a dispute has been reported, you may

přistoupiti to the dispute intervention action, drawn up pursuant to article 20.

Articles 2, 6, 7. and 11. also applies to intervenienta; This is not bound

the main proposals of the parties and may be saved debit the amount of the security

the President shall designate.



Article 31.



Resistance.



Interventions shall be notified to the parties and the representatives of the States.



If it is not against it within 20 days after the notification of opposition has been lodged, the intervention is

considered the highest permitted.



If the opposition has been lodged, the Court shall decide on the admissibility of the intervention, which

will not be able to oddáliti decision on the merits, if the matter for decision to the

mature. If the intervention is not allowed, the Court shall decide without delay on the

clients dispute, of which the interim replacement will be stored intervenientovi.



If the intervention is allowed, the President shall establish the deadlines he seem to

necessary to allow the parties must take an opinion on the facts,

intervenientem hardened, and its legal resources.



IX.



Precautionary measures.



32.



The provisions of the General.



and on a proposal by some Parties) or representative of the State, even before the start of

the dispute, the Court may, in an emergency, the President may be any

precautionary measures, which finds a decent and necessary when he was, if possible,

First, the person has heard such measures postihnouti.



(b)) the Court, in case of urgency, the President, before ordering the required

precautionary measures, can uložiti an applicant has lodged a security.



c) if ordered precautionary measures before the start of the dispute, the President of the

provides for the petitioner to bring an action. Except where the applicant brought an action in the

the time limit, a precautionary measure which will cancel ex officio.



(d) the order of the Court or the President) shall specify the manner and extent of the

precautionary measures; Regulation that is enforceable and must be

served on the parties and the representatives of States not more than 10 days after the performance.



(e) States are obliged to) representatives of the company in the performance of the regulation on a mere request

the Court or the President.



Article 33.



Resistance.



Everyone who is affected by the precautionary measures against it

vznésti resistance, coated with reasons. Party or representatives of the State,

asked about the measures, the President shall set a time limit for the statement of the submitted

the resistance and the Court shall decide on it according to the files, but the only way that someone from the

participants expressly requested an oral hearing. The resistance has the effect of a swap

only if so ordered by the President.



X.



Movement control.



Article 34.



The accompanying resources.



The accompanying resources of any kind are přípustny; the Court, however, will appreciate the

the result completely freely.



Article 35.



The accompanying resolution.



As soon as the preparatory procedure is completed after the sense of the above article

26. the Court decides that the facts on which the evidence offered, are

závažny and means of proof. If it considers it appropriate,

before the Court will hear the oral explanations of the parties, agents or

the representatives of the States.



Article 36.



The testimony. Evidence of witnesses.



By předložtež of the Secretariat within the time limit set by the Chairman of the list

witnesses, which invoke; the list must obsahovati the name, profession and

residence of the witnesses.



The Court decides where and how they will be witnesses.



Either party may odporovati hearing of a witness, who was not at all or

only vaguely mentioned in the list. The Court decides that discretion.



Article 37.



To call witnesses.



At the request of the representatives of States was předsedovu seeing that Court itself wants to

vyslechnouti, so that the summons was delivered at least 20 witnesses

days before the hearing.



Article 38.



Advance on the fee.



The President shall designate a time limit within which the parties must složiti with the Secretariat

a deposit in the amount of the fee required witnesses they held. If there is no backup

made, the Court may decide that since the hearing is waived.



Article 39.



Which persons are excluded from the evidence.



As the witnesses cannot be heard:



and the neb) relatives of that party in ascending and descending line.



(b)).



(c) the side-line) relatives to the third degree.



d) spouses, even if the marriage has been dissolved.



The parties may, however, navrhnouti that these individuals were nepřísežně

heard for the purpose of information.



Article 40.



The examination of witnesses.



Witnesses say under oath; swear that denounced the full truth and

nothing but the truth, without malice, and favor to the neb that side.



Let us free ourselves from the oath, the Court may, if it finds that the circumstances require.



About the svědečném Court.



Article 41.



The request of the Court.



About whether a witnesses heard by the Court are to be requested, Act

the Court. Such request shall be transmitted to the representatives of States who will arrange either directly

or on the way to a diplomatic request has been carried out by the Office for

the locally competent witness. Method of examination of witnesses shall be governed by the

this case, the laws in force in the place of the hearing.



Article 42.



The decision-making party oath.



The party, which prosecutes load cover, can vznésti an oath on the respondent;

This, however, it can be vznésti back to the first side.



Article 43.



Supplementary oath the Court imposed.



The Court may take the oath uložiti the one hand, of its own motion, on a proposal by

or representative of the State, if sufficient evidence was submitted to the top.



Article 44.



Accompanying the meaning of taking an oath.



Performed the oath of decision-making or deny such an oath without

raised to the opposing party, the Court attaches. The same is true about the make-up and the oath

denial of this oath.



Article 45.



Place of inspection.



The Court may may be a local inspection.



Article 46.



Opinion of an expert.



The Court may, expert opinion may be. Article 38. here shall apply mutatis mutandis.



The Court shall designate one or more experts, vyslechna the parties.

Experts shall take the oath.



Submits to the Secretariat an expert opinion in three copies. The parties

can see into him into it, and if the expert did not supply them directly one

the specimen, they can send a copy of the vyžádati their spending.



On application of a party or representative of the State, the Court may order an expert

the testimonial was added or to be filed protiposudek.



Article 47.



The production of documents.



The Court may at any stage of the proceedings make all appropriate measures,

in order for the Secretariat or at another specified location were submitted to the Court

documents and other evidence which it finds necessary for the examination of the subject

the dispute. The parties and the representatives of the States are entitled to them see into him.



In particular, the Court may, on a proposal from one side of the uložiti the other side of the oath,

in order to obtain production of documents.



XI.



The oral proceedings.



Article 48.



The laying of the year.



After the end of the preliminary proceedings or, if the Court ordered a special accompanying

After the end of the proceedings, the Court shall notify the parties of this, and the representatives of the States instead of

and the day of the oral proceedings.



Article 49.



How to version takes place.



Version is public.



The Protocol of the hearing lead together both participating registrars

States, or one writer, in which both States agreed.



Article 50.



The progress of the trial.



Representatives of the parties, as soon as you have raised their proposals, shall be granted a word that is

They reasoned. On the presentation of odpůrcovo may odpověděti.



The representatives of the States have the right to podávati suggestions and may be ujmouti words after

representatives of the parties. The parties have the last word.



XII.



The judgment of the.



Article 51.



The content of the judgment.



The judgment of the obsahujž:



1. The date and place, when and where it was handed down.



2. the names of members of the Court.



3. the names of the representatives of the two States, where the dispute participated.



4. accurate and detailed indication of parties and their agents.



5. the proposals of the parties and proposals of the representatives of States.



6. The reasons for the decision, as factual and legal.



7. the Statement in the case and about clients of the dispute.



Article 52.



Form.



The judgment shall be written in German or French; the parties may insist

official Czech translation. The judgment will be signed after approval

three members of the Court and countersigned by the Registrar (Secretary).



53.



Delivery.



The operative part of the judgment will be delivered to the parties and the representatives of States; upon request, issue a

the Secretariat of the copy of the judgment.



Article 54.



The spending dispute.



Each Party shall provide the Court with its final suggestions:



and a list of his personal expenses).



(b)) the list of spending by his principal.



(c)), which would Plan the monitoring trustee has been subject in its own State.




The Court shall decide the dispute based on the clients of such documents; When it is not

bound to the submitted plan and may snížiti the amounts that would be found

disproportionately high in view of the importance of the dispute and the expended effort.



The spending side of the attributed to appoint in the currency of the State; for

the currency conversion rate applies the Geneva Bursa on the day the judgment was

handed down.



Article 55.



Performance.



At the request of the Court shall arrange for representatives of States to performance of a judgment (article 304 g

the Treaty of Versailles). To this end, the Secretariat shall issue to the representatives of States

a copy of the operative part of the judgment signed by the President.



XIII.



Reconciliation, recognition, waiver and withdrawal of the action.



Article 56.



General provisions.



If, in oral proceedings was closed settlement, a claim recognised or

declared a waiver claim, holds this legal act into

the Protocol of the hearing. If this legal act outside blowjob

the negotiations, so be it made of special Charter, signed by a representative

Parties that it needs explicit authorizations, or the party itself,

If this is not shortcut. Verify the signature with the can shall require similar

as in article 8.



An extract from the log or the original of the special Charter will be signed

the President and the Secretary (Secretary) and stored in the Secretariat.

The parties may shall demand a copy of these documents.



The Court shall confirm the resolution of the settlement, recognition or waiver of claim,

Thus this become irrevocable legal act from the date of the resolution. In

This resolution also after the case, the spending dispute pursuant to art. 54.

As a general rule, unless agreed otherwise, the spending dispute during conciliation each other

cancels; in the case of recognition of a claim or a waiver of its stores

the refund they are the side that has made such a statement. If they cannot

by předložiti immediately papers article 54. required, shall be adjusted in

the resolution only schedule the amount of their spending, then established a special

by resolution.



The resolution is enforceable. Will be delivered according to the regulation of the article. 53. at the request of the

the representatives of the States, the Court shall arrange for the performance of resolutions pursuant to art. 55.



Article 57.



Withdrawal of the application.



Until it was filed in response to a lawsuit, the plaintiff may take action;

later, you may do so only with the express consent of the defendant.

Withdrawal of the application, the writes to the log or the result of a special

the Charter within the meaning of article 3(1). 56., which shall apply mutatis mutandis.



If the action was withdrawn, runs a term specified to filing a suit on, as

as if the Bill has not yet been submitted at all.



XIV.



By default the parties.



Article 58.



The general rule.



The proceedings shall be effected, although the party did not come to the year.



The representative of the State whose national is a party year zmeškavší, may

navrhnouti adjournment. Odročiti negotiations can be only once. If

as a result of the adjournment of the court costs and spending increases, the side of the zmeškavší

be saved in advance složiti sure.



59.



In absentia trial.



If the party does not appear to the trial, and if it is not, according to article 58, paragraph

2. the proposed adjournment, the Court will set a time limit to zmeškavší side

submit a Charter, which perhaps have remained in their hands through it, that in the

the writings of them points out. After the expiry of the time limit the Court decides and

judgment in the following sentences will be enforceable.



VVŠ



Peace and the stay of proceedings.



Article 60.



Peace of mind control.



The souhlasnému design of both parties may be the Chairman the peace proceedings on

a period of time.



As soon as the specified length of time passes, the proceedings are resumed.



Article 61.



The stay of proceedings.



Death of a party, its legal representative or its agent, also

If such persons cease to be competence to act, or if the third

the person the legal successor of the party continues to be in control, regardless of the

such changes, if the matter is ripe for a decision.



If the matter is not yet ripe for a decision, it shall suspend the proceedings up to that time,

than the legal successor, the new legal representative or a new agent of dispute

takes over. They omit to do so, the Court may, on a proposal from the other side

or its representative the State plays the persons concerned a deadline by which the

they have either to enter into a dispute, or to make a Mormon out that přivolují to

pronouncement of the judgment. If not, continue in the proceedings.



XVI.



Fix judgment and restoration of the dispute.



Article 62.



Fix judgment.



The Court may, ex officio or on the proposal of the party or a representative of the State

thee the judgment, the operative part is unclear, incomplete, inconsistent with itself

them or in which they are errors in typing or in numbers.



The proposal is not administer in court within one month from the date of service of the judgment.



The Court may odložiti enforcement of the judgment until a decision on this proposal.



63.



Recovery management.



Within one year from the date of service of the judgment, either party navrhnouti

a retrial, relying of new facts or evidence, but only

at that time,



and if he proves) that, without their guilt could not those new facts or

the evidence is dovolati before the judgment, which is contrary to, and



(b)) where new facts or new evidence of the kind that can

způsobiti an important change in the judgment.



The procedure for the renewal shall be initiated by a court decision, in which these

assumptions it finds and where at the same time determine the further procedure.



XVII.



Final provisions.



Article 64.



Deviations from the code of civil procedure.



In exceptional cases, the Court of odchýliti the provisions of this

Code of civil procedure, if the Court finds that such deviations are the command

Justice and decency.



Article 65.



To change the code of civil procedure.



The Court is reserved or change doplniti this procedure by

the experience which his praksí.



Article 66.



Publication.



This procedure will be published in the 2. January 1922 in the Official Gazette of the two

Governments.



In Lausannu, on 9 April. November 1921.



President:



Robert Faza in r.



A German judge. judge:



Robert Doering in r.



CSL. judge. judge:



Dr. Cyril Dušek in r.



Dr. Edvard Beneš in r.