Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
(1) The Arbitration Court attached to the Economic Chamber of
the Czech Republic and Agricultural Chamber of the Czech Republic
(hereinafter referred to as "the Arbitration Court") is a permanent
arbitration court exercising its activity attached to the Economic
Chamber of the Czech Republic as an independent body for deciding
property disputes through independent arbitrators under the
provisions on arbitration proceedings (the Arbitration Proceedings
and Enforcement of Arbitral Awards Act No. 216/1994, Coll.).
(2) The Arbitration Court shall decide disputes referred to in
paragraph (1) hereof, if its jurisdiction in the given litigation
is based on:
(a) an international treaty (Sec. 47 of the
Arbitration Act No. 216/1994, Coll.):
(b) a valid arbitration agreement entered
into by the parties (Secs. 2 and 3 of the Arbitration Act No.
(c) written declarations of the parties in
arbitration proceedings commenced, showing beyond doubt their
intention to submit to the jurisdiction of the Arbitration
(3) A party which starts defending its case on the merits
without taking an objection to the jurisdiction of the Arbitration
Court shall not be free to raise thereafter a plea of lack of
jurisdiction (Sec. 15 paragraph 2 of the Arbitration Act No.
216/1994, Coll.). A plea raised at a later stage shall be taken
into consideration only if the matter is not arbitrable due to its
(4) The Arbitration Court decides in one instance.
Board of the Arbitration Court, Arbitrators and Secretary
Sec. 2 Board of the Arbitration Court
(1) The Board of the Arbitration Court shall exercise the powers
conferred thereon by the Rules and all other matters, within the
powers of the Arbitration Court, not expressly entrusted to the
President of the Arbitration Court, the arbitrators and/or the
(2) Unless the members of the Board participate in decisions of
the Board under Secs. 22 and 23 hereof in the same matter, they
shall be free to exercise the function of arbitrators or the
presidents of arbitral tribunals.
Sec. 3 Arbitrators
(1) Disputes shall be decided by arbitrators. When exercising
his functions, an arbitrator shall be independent never having the
character of a representative of a party. The position of
arbitrator shall be accepted in writing (Sec.5 paragraph 2 of Act
(2) A case shall be decided by a tribunal consisting of three
arbitrators, or by one single arbitrator, provided the parties have
agreed so. Constitution of an arbitral tribunal or appointment of
one single arbitrator shall be governed by these Rules (Sec. 21
(3) Unless anything else results from the sense of the
individual provisions hereof, all what is said of arbitrators and
arbitral tribunal shall apply equally to one single arbitrator.
Sec. 4 Secretary
(1) The secretary shall organize the work connected with the
functions of the Arbitration Court and exercise all other functions
reserved to him under the Rules, in particular he shall take care
of the due conduct of arbitration proceedings in time, of due
trancription of all decisions of the Arbitration Court and of
archivation of all writings of the Arbitration Court: he shall sign
clauses confirming that the decisions are final and in force, and
with consent of the board shall publish leading decisions in
appropriate form. He shall have the right to participate in all
hearings before the arbitrators.
(2) The activities of the Secretary may be attended to by his
(her) deputy, if any.
1. General Provisions
Sec. 5 Place of Hearing
(1) Regularly, hearings in pending disputes shall be held in the
seat of the Arbitration Court in Prague. Upon suggestion of the
Secretary or on the initiative of the arbitral tribunal or under an
agreement of the parties to the dispute, the hearings may be held
at other places within the Czech Republic or abroad.
(2) The arbitral tribunal shall give a notice to the board of
hearings to be held abroad. If such hearings are to be held abroad
upon the initiative of arbitrators, the parties have to agree
Sec. 5a Course of Proceedings
The arbitrators shall be free to proceed in the trial in a
manner they consider appropriate, by ensuring the equal standing of
the parties and, providing all parties with an equal opportunity to
exercise their rights for the purpose of ascertaining, without
unnecessary formalities, all the facts of the case necessary for
the resolution of the case (Secs. 18 and 19 paragraph 2 of the Act
Sec. 6 Production of Documents
(1) All documents relating to the commencement and conduct of
arbitration proceedings shall be produced in such number of copies
that all parties and all members of the arbitral tribunal as well
as the secretariat obtain one copy thereof.
(2) Save for written evidence, communications shall be produced
in Czech (or in Slovak) language or in the language of the
contract, or in the language used in the correspondence between the
parties, as the case may be. If the Arbitration Court think it fit,
or upon request of a party, the Arbitration Court may direct a
party having produced the document to have it translated into Czech
(or into Slovak) or may arrange for such a translation at the costs
of such party.
Sec. 7 Language of the proceedings
(1) Oral hearings shall be held, and decisions shall be made, in
Czech (or in Slovak) language; upon request of a party, the
hearings and decisions will be translated into another language.
Upon such request by a party, the Arbitration Court will arrange
for an interpreter, or for the translation of the decisions or
other writings, as the case may be.
(2) If necessary, the arbitral tribunal may, provided both
parties agree, hold hearings and, as the case may be, pronounce the
decision directly in another language.
Sec. 8 Basis of Decisions
(1) The Arbitration Court shall decide disputes in accordance
with the rules of the applicable material law, guiding themselves,
within the scope thereof, by the contract concluded between the
parties and having regard to the custom of trade.
(2) A dispute may be decided also ex aequo et bono, however,
such decision shall be admissible only if the parties expressly
confer this power on the arbitrators.
Sec. 9 Service
(1) Documents in a litigation shall be sent out to the parties
by the secretary to the last address indicated by that party or to
its appointed counsel.
(2) Statements of claim, defences, summonses, arbitral awards
and rulings (orders) shall be sent out by registered mail with
notice of receipt.
(3) Other documents may be sent out by registered or ordinary
mail. In addition, any notice may be also given by cable, teleprint
(4) All documents referred to in the preceding paragraphs may be
also served personally upon the party, against receipt.
(5) All service by the Arbitration Court shall be deemed valid
if made in accordance with paragraphs (1) to (4) hereof, even if
the addressee refuses to accept the document or if, in spite of a
notice of the delivering post office, fails to take delivery
thereof. However, a service shall be deemed valid, if made
accordance with the rules of procedure prevailing in the country
where documents are to be served.
(6) If a party changes address after the commencement of the
proceedings without informing thereof the Arbitration Court, the
service shall be valid, if made in one of the above manners under
paragraphs (2) and (3) to the last known address of said party.
(7) If service cannot be carried out at the last known address
of a party who has neither a counsel nor a representative for
service, the president of the Arbitration Court may appoint a
curator for such party for the purpose of service of documents.
(8) The power to issue letters rogatory for foreign courts or
other authorities, requesting them to serve documents or to assist
the Arbitration Court in another way, shall be vested in the
president of the Arbitration Court.
Sec. 10 Stay of Proceedings
If good cause is shown, proceedings may be stayed upon request
of a party or upon initiative of the arbitral tribunal, for a
definite period of time. A ruling on stay shall be taken by the
presiding arbitrator or until the constitution of the arbitral
tribunal, the president of the Arbitration Court. If no extension
of the stay is granted within one month following the expiration of
the original period, either upon request of a party or on the
initiative of the arbitral tribunal, the proceedings shall
Sec. 11 Restitution
If, for serious reasons, a party is prevented to participate in
the proceedings or in any portion thereof or if it is prevented to
take certain steps necessary to defend its right, until the
pronouncement of the arbitral award or, if such award is not
pronounced, until its being made, the arbitral tribunal, or in case
such tribunal has not yet been constituted, the president of the
Arbitration Court shall, upon application of such party, take
reasonable measures enabling the party to do subsequently what it
Sec. 12 Conservative and Interlocutory Measures
(1) After the statement of the claim has been filed, but before
the constitution of the arbitral tribunal, the president of the
Arbitration Court may, in urgent cases, acting upon application of
one party or both of them, take measures to conserve evidence. For
this purpose, he may appoint one or more expert witnesses or take
other appropriate steps.
(2) Before the commencement of arbitration proceedings or during
same, any party may apply to the respective authority for an
interlocutory measure. A notice of such application shall be given
by the applicant to the Arbitration Court.
Sec. 13 Third Party
(1) Apart from the parties (the plantiff and the defendant),
whoever shows a juridical interest in the outcome of the
proceedings may take part herein as third party. The arbitral
tribunal shall decide on the admission of an each third party. No
other person shall be admitted to participate in the
(2) In arbitration proceedings, a third party shall have the
same rights as a party. with the exception of the right to appoint
an arbitrator, and the same obligations as the party in the
proceedings.However, he may act only on his own behalf. If his acts
are inconsistent with the acts of the party on the side of which he
acts, the arbitral tribunal shall evaluate same, taking all
circumstances of the case in due consideration. Facts, disclosed by
a third party may be taken in consideration by the arbitral
tribunal even if inconsistent with facts alleged by the party.
Sec. 14 Application of the provisions of the Arbitration Act No.
Procedural matters, not expressly regulated herein, shall be
governed by the provisions of the Arbitration Proceedings and
Enforcement of Arbitral Awards Act No. 216/1994, Coll.
Sec. 15 Scope of Application of Provisions Governing
Unless a contrary intention results from these Rules, provisions
applicable hereunder to proceedings before an arbitral tribunal (or
one single arbitrator) shall apply m u t a t i s m u t a n d i s to
steps taken by the board, the president or the secretary.
2. Commencement of Proceedings
Sec. 16 Statement of Claim
(1) Arbitration proceedings shall be commenced upon a statement
of claim being filed with the Arbitration Court. A pre-requisite
for a case to be heard shall be the prepayment of the arbitration
fee and of the lump sum to cover the administrative costs of the
(2) Unless a contrary regulation results from an international
treaty, binding on the Czech Republic, the day when the statement
of claim is filed with the Arbitration Court shall be deemed to be
the day of the action having been filed. (Sec.14 paragraph 1, of
the Act No.216/1994, Coll.).
Sec. 17 Contents of the Statement of Claim
(1) The statement of claim shall contain:
(a) names of the parties including identification numbers, if
assigned, and personal identification numbers of the parties -
natural persons, if known
(b) relief claimed
(c) signature by the plaintiff
(d) addresses of the parties.
(2) In addition, the statement of claim should contain:
(a) reference to agreement constituting the jurisdiction of the
Arbitration Court, unless the jurisdiction is based on the
international treaty, binding on the parties
(b) statement of facts and law on which the plaintiff relies
with his claim and a reference to evidence by which he intends to
(c) indication of the value of the claim
(d) receipt showing that the arbitral fees have been settled
(e) full name of the arbitrator appointed by the plaintiff or a
request that such arbitrator be appointed on his behalf by the
president of the Arbitration Court.
Sec. 18 Value of the Claim
(1) In his statement of claim, the plaintiff shall indicate the
value of the claim even if the relief sought or a part thereof has
not a pecuniary character.
(2) The value of the claim shall be indicated:
(a) by the amount claimed, if the relief sought is a sum of
(b) by the value of property, if the relief sought is the
surrender of such property
(c) by the value of the interest at the time of filing the
statement of claim, if the relief sought is for declaratory
decision or decision modifying an existing legal relation
(d) on ground of available information on the material interest
of the plaintiff, if the relief sought is performance or
forbearance on the part of the defendant.
(3) If more reliefs are sought in one action, the value of each
relief shall be stated separately the value of the claim shall be
then the total sum of all reliefs sought.
(4) If the plaintiff fails to indicate the value of the claim,
the secretary shall call on him to do so within the fixed period.
If he fails to do so within that period, or if he indicates same
inaccurate, the secretary or the arbitral tribunal, if already
appointed, in its discretion shall or upon the secreatary´s
proposal, as the case may be, or on application by the defendant,
determine the value of the claim on basis of available data, or
data ascertained during the course of the proceedings.
Sec. 19 Removal of Defects in the Statement of Claim
(1) If the secretary finds out that the statement of claim does
not meet the requirements of Sec. 17 paragraph (1) hereof, he shall
invite the plaintiff to remove the defects. Insofar the
requirements set forth in Sec. 17 paragraph (1) are concerned, the
term for the removal of the defect shall not be more than two (2)
months from the day of the service of said invitation by the
secretary on the plaintiff. If the defects are removed within the
term fixed, the day stated in Sec. 16 paragraph (2) hereof shall be
deemed to be the day when the action has been started. Until the
removal of the defects, the action shall not be tried.
(2) If, irrespective of the invitation for removal of the
defects, the plaintiff insists on continuation of the proceedings,
the proceedings shall continue, provided the character of the
defect does not exclude such continuation, and an award shall be
made on the merits of the case otherwise the proceedings shall be
3. Preparation of Trial
Sec. 20 Statement of Defence
(1) If the secretary is satisfied that the action can be
referred to arbitration hereunder, he shall give a notice thereof
to the defendant, sending him a copy of the statement of claim with
the exhibits attached thereto, as well as the list of arbitrators
and the Rules of this Arbitration Court.
(2) At the same time the secretary shall invite the defendant to
file a written statement of defence, supported by the respective
evidence, within thirty (30) days following the service of the
statement of claim, in answer to it. Upon application of the
defendant, this term may be extended.
(3) Within the same term the defendant shall indicate full name
of the arbitrator elected by him or ask the president of the
Arbitration Court to appoint an arbitrator on his behalf.
Sec. 21 Constitution of the Arbitral Tribunal or Election
(Appointment) of One Single Arbitrator
(1) Arbitrators, appointed by the parties or by the president of
the Arbitration Court under Secs. 17 and 20 hereof, shall elect the
presiding arbitrator from the list of arbitrators.
(2) If the parties fail to appoint an arbitrator, or if the
arbitrators appointed fail to elect the presiding arbitrator within
fourteen (14) days following the notice of appointment, the
arbitrator or the presiding arbitrator, as the case may be, shall
be appointed by the president of the Arbitration Court.
(3) If more plaintiffs or more defendants are involved on each
side in the dispute, one arbitrator shall be appointed by the
plaintiffs and one by the defendants. If the plaintiffs or the
defendants cannot reach an agreement concerning the appointment of
an arbitrator, the arbitrator on their behalf shall be appointed by
the president of the Arbitration Court.
(4) A single arbitrator shall be elected in mutual agreement of
the parties. On failure, such single arbitrator shall be appointed
by the president of the Arbitration Court.
(5) Until the constitution of the arbitral tribunal (the
election or appointment of one single arbitrator) the president of
the Arbitration Court shall be free to take all steps in the
proceedings, unless these are entrusted to the secretary.
Sec. 22 Challenge of Arbitrator, Expert-Witness and
(1) Each party shall have the right to challenge an arbitrator,
a presiding arbitrator or a single arbitrator, if he has legitimate
doubts of his (their) impartiality. The challenge shall be taken
prior to the commencement of the oral hearing. If it is taken at a
later time, a decision on it shall be made only if the cause
leading to such late challenge is held to be sufficiently
(2) A decision on challenge of an arbitrator shall be taken by
the remaining arbitrators of the tribunal. If they are unable to
agree, or if the challenge is against two arbitrators, the decision
thereon shall be taken by the board. The board shall also decide on
a challenge of one single arbitrator.
(3) If a challenge of an arbitrator is sustained the new
presiding arbitrator, or the new arbitrator, or the new single
arbitrator shall be elected or appointed in accordance with the
Rules. The new arbitrator or the new presiding arbitrator shall
enter the proceedings in the stage prevailing on the date, of the
acceptance of the position of arbitrator or presiding arbitrator
(4) In the event that the arbitrator, the presiding arbitrator,
the single arbitrator, or the new arbitrator or the new presiding
arbitrator, as the case may be, are unable to take part or,
repeatedly do not take part in the trial of the case the provisions
of paragraphs 1-3 shall apply as appropriate.
(5) The arbitral tribunal may, if considered necessary, hear
again the evidence and arguments already heard during preceding
hearings held in the matter prior to the replacement.
(6) The same reasons as set forth in paragraph (1) of the
present Section may be relied upon when challenging an
expert-witness or an interpreter. In this case, the decision on the
challenge shall be taken by the arbitral tribunal.
Sec. 23 Decision on Jurisdictional Issues
(1) The board of the Arbitration Court shall have the power to
decide on issues of jurisdiction. To this end, the arbitrators, if
already appointed or, otherwise, the secretary, shall present the
records of the case to the board with a short report in each case,
whenever a decision on the jurisdiction of the Arbitration Court is
to be taken in view of an objection to the jurisdiction taken by a
party or in view of an objection to the jurisdiction taken by a
party or in view of the doubts of the secretary or the arbitrators,
or their opinion that the Arbitration Court lacks the necessary
(2) If the board concludes that the Arbitration Court has no
jurisdiction to hear and to decide the case, they shall terminate
the proceedings by an order of discontinuance. If they are of the
opinion that the Arbitration Court has the appropriate
jurisdiction, they shall dismiss the objection also by means of an
(3) Prior to taking their decision, the board may, if they think
it fit, summon the parties to a hearing.
(4) Before producing the records to the board for their decision
on an issue of jurisdiction, the arbitral tribunal shall take
measures which they think necessary to prevent a prejudice to be
suffered by the parties or to conserve the results of the previous
proceedings, unless the powers to take such measures are vested in
the court of law or another authority.
Sec. 24 Preparation of Trial by the Arbitral Tribunal
The arbitral tribunal shall check the state of preparation of
the trial and, if they think it necessary, shall take additional
measures in this respect, more particularly they may ask the
parties to file written briefs, evidence and other documents and
shall fix reasonable terms therefor.
Sec. 25 Summons to Hearings
(1) The Arbitration Court shall give a notice of the time and
place of the hearing to the parties by means of summonses. The
summonses shall be sent out in such a manner that each party has at
least thirty (30) days at disposal for preparing its case and its
travel to the place of the hearing.
(2) If both parties agree, the term may be shorter.
4. Conduct of Hearings
Sec. 26 Hearings
(1) The case shall not be heard in public. Persons not
participating in the proceedings may be present if the tribunal and
the parties agree.
(2) Parties may participate in an oral hearing either directly
or through duly authorized counsel, appointed in their absolute
discretion, even through foreign citizens.
(3) If a party fails to attend a hearing irrespective of a due
notice of the time and place thereof being served on it, its
absence shall not be an obstacle to continue the hearing provided
the absent party does not apply for its adjournment until the end
of such hearing, showing serious reasons.
(4) Each party shall be free to declare that it agrees to the
hearing being conducted in its absence.
(5) Upon application of a party, or on the initiative of the
arbitral tribunal, the hearing may be adjourned, if necessary.
(6) An application to change the date of a hearing shall be
filed sufficiently in advance so that the other party and the
members of the arbitral tribunal may be duly informed.
Sec. 27 Simplified Procedures
(Proceedings in case of decision taking on hand of written
documents only or without giving reasons for the arbitral
(1) The parties may agree that the arbitral tribunal shall take
decision in the litigation only on hand of written evidence
produced, without holding a hearing. However, the arbitral tribunal
shall be entitled to summon the parties to a hearing, if the
written documents adduced by the parties prove to be insufficient
for a decision being taken on the merits of the case.
(2) Until the proceedings are declared to be closed, the parties
are free to agree in writing that there is no need for reasons to
be given for the arbitral award (Sec. 25 paragraph 1 of the
Arbitration Act No. 216/1994, Coll.). Such an agreement may be
concluded in the form of concurring oral declarations by the
parties to that effect inserted into the minutes of the hearing,
having taken place before the arbitral tribunal (before the single
Sec. 28 Counter-Claim
(1) Until the termination of the trial of the principal claim,
the defendant shall be free to lodge a counterclaim, if however,
the defendant causes undue delays when lodging his counter-claim at
a later time without showing good cause, he may be held liable to
pay the extra costs incurred in this way by the Arbitration Court
as well as the extra expenditure of the other party connected
(2) The same requirements governing a statement of claim shall
apply to a counter-claim (Sec. 17 hereof).
(3) Provisions, governing the counter-claim shall be applied, m
u t a t i s m u t a n d i s to the defence of set-off raised by the
defendants, provided such defence is based on legal relations other
than the main claim of the plaintiffs.
Sec. 29 Attempt of Settlement
Having in view the circumstances of the case, the arbitral
tribunal may, at any stage of the proceedings, invite the parties
to conclude a settlement, making proposals, recommendations and
suggestions which, in their opinion, are likely to facilitate a
Sec. 30 Minutes of Hearing
(1) At each hearing minutes of the proceedings in Czech (or in
Slovak), or, upon agreement of the parties to the dispute in
another language, shall be taken. The minutes shall contain the
a) indication of the Arbitration Court
b) reference number of the case
c) place and date of the hearing
d) names of the parties and their counsels
e) indication of the presence of the parties
f) names of arbitrators, witnesses, expert-witnesses,
interpreters and other participants in the hearing
g) concise but precise description of the proceedings during the
h) motions and applications by the parties and contents of their
other important declarations
i) reasons for adjournment of the hearing or termination of the
j) signatures of the arbitrators.
(2) The parties shall have the right to get acquainted with the
contents of the minutes and to co-sign same. Upon application of a
party, the arbitrators may rule a modification or amendment of the
(3) A copy of the minutes shall be handed over or sent to the
parties with translation, if any.
5. Rules of Evidence
Sec. 31 Evidence
(1) The parties shall prove the facts, relied upon by them as
basis for their claims or objections. The arbitral tribunal may
request the parties to produce supplementary evidence. In addition,
they may appoint expert-witnesses in their own discretion or they
may request third parties to produce evidence.
(2) Any party may produce written evidence in original or copy,
to be authenticated by itself. The arbitral tribunal shall be free
to request the original document or a translation thereof into
another language, if necessary in the interest of the decision of
(3) Evidence shall be heard in the manner fixed by the arbitral
tribunal. The arbitral tribunal may rule that evidence will be
heard by one member of the tribunal. The same rules of evidence
apply to proceedings before the board.
Sec. 32 Assessment of Evidence
The arbitral tribunal and the board shall be free to assess the
evidence in their discretion.
6. Termination of Proceedings
Sec. 33 Forms of Decision
The arbitral proceedings shall be terminated either by an
arbitral award, or by a ruling (an order) of discontinuance.
Sec. 34 Arbitral Award
(1) Upon being satisfied that all circumstances of the case have
been sufficiently clarified, the arbitral tribunal shall declare
the proceedings closed and prepare their award. An award shall be
made in cases, where the decision is on the merits or where it
imposes a duty to reimburse the costs of the case including those
where, upon application of the parties, the award shall incorporate
the terms of a settlement concluded by themselves or where it
results from declarations of a party that it waives its claim
without applying expressly for discontinuance of the
(2) If the operative part of an award imposes a duty to be
performed, the arbitrators shall, at the same time, set a term for
such a performance.
(3) If only a portion of the case is sufficiently clarified, the
arbitral tribunal may declare that portion of the proceedings as
closed, and make a partial award; the proceedings in the remaining
portions shall continue and a decision on them shall be taken
(4) If both, the claim itself and the quantum of monies claimed
are in dispute, the arbitral tribunal may hear and decide first on
the justification of the claim by means of an interim award, and
continue thereafter, if necessary, hearing the argument as to the
quantum of monies and to decide on that issue.
(5) The provisions governing the arbitral award shall apply
equally to partial and/or interim awards.
Sec. 35 Contents of the Arbitral Award
(1) An arbitral award shall contain, inter alia, the following
(a) name of the Arbitration Court
(b) place and date of the award
(c) full names of the arbitrators or the single arbitrator, as
the case may be
(d) names of the parties and other participants in the
(e) subject-matter of the dispute and a short statement of
(f) decision on the reliefs claimed, the fees and the costs of
(g) reasons for the decision (except in cases in which the
parties have agreed, in accordance with Sec. 27 paragraph 2 of the
Rules, that giving reasons for the arbitral award is not
(h) signatures of at least two arbitrators or signature of the
(2) If one of the arbitrators is unable to sign an arbitral
award, or if he refuses to do so, such a fact shall be indicated in
the arbitral award by the president of the Arbitration Court and
confirmed by his signature.
(3) The arbitral award shall be co-signed by the president and
the secretary of the Arbitration Court; their signatures shall ipso
facto legalize the signatures of the arbitrators.
Sec. 36 Voting on the Arbitral Award
(1) The arbitral tribunal shall adopt an arbitral award by means
of voting in chambers, by the majority of votes.
(2) If more than two opinions as to the sums to be awarded or
dismissed by the arbitral tribunal are presented, the vote cast for
the highest sum shall be added to the vote cast for the immediately
Sec. 37 Pronouncement of the Arbitral Award
(1) Upon termination of the proceedings, the arbitral award
shall be pronounced orally to the parties or, if these are absent,
a written award shall be served on them.
(2) In justified cases, the arbitral tribunal shall have the
right to rule that the award will be served on the parties only in
writing, without oral pronouncement.
(3) Until the pronouncement of the award, or mailing of same in
writing, if the award is not pronounced, the arbitral tribunal
shall be free to summon parties to a new hearing, if such hearing
is necessary to clarify the facts of the case or to establish the
point of view of the parties.
Sec. 38 Amendment and Correction of the Arbitral Award
(1) Upon application of a party, to be filed not later than
thirty (30) days following the service of the arbitral award on the
parties, the arbitral tribunal may render an amending award, if it
appears that the original arbitral award fails to deal with all
claims put forward by the parties. An amending award shall not be
taken, unless the parties are summoned to a new hearing.
(2) Typing or numerical errors and other obvious discrepancies
appearing in the award, shall be corrected at any time by the
arbitral tribunal upon request of any party or on their proper
initiative. Such correction shall be adopted, signed and served on
the parties in the same way as an arbitral award.
(3) An amending award or a ruling (an order) of correction in
respect of the arbitral award shall become an integral part of the
original, amended or corrected award. The parties shall not be
bound to pay any costs connected with the amendment or correction
of such arbitral award.
Sec. 39 Implementation of the Arbitral Award
An arbitral award shall be final and binding. The parties shall
implement all obligations imposed on them in the arbitral award
within the terms fixed therein. On failure, the arbitral award may
be enforced in accordance with the law of the country where
enforcement is sought.
Sec. 40 Discontinuance of Proceedings without Award
(1) If not terminated by means of an arbitral award (Sec. 34
hereof), the proceedings shall be terminated by a ruling (an order)
(2) A ruling (an order) of discontinuance shall be taken inter
(a) if the statement of claim has been withdrawn by the
(b) if the parties conclude a settlement confirmed by the
arbitral tribunal without incorporating same into an arbitral award
under Sec. 34 paragraph (1) hereof
(c) in the case of deciding upon the jurisdiction of the
Arbitration Court under paragraph 23 if the jurisdiction of the
Arbitration Court is not given
(d) in the event of a failure of payment of the arbitration fee
or the payment of the administrative fee lump sum for
administrative costs pursuant to the Principles governing the costs
of arbitral proceedings (Sec.41)
(3) The ruling (the order) of discontinuance of proceedings
shall be rendered by the board of the Arbitration Court if, when
deciding on an objection to the jurisdiction or due to doubts in
respect of the jurisdiction of the Arbitration Court in accordance
with Sec. 23 hereof, they come to the conclusion that the
jurisdiction of the Arbitration Court is not given.
(4) The ruling (the order) of discontinuance shall be governed
by the provisions of Secs. 34 through 38 hereof. Until the
constitution of the arbitral tribunal, the ruling (the order) of
discontinuance shall be made by the president of the Arbitration
7. Costs of Proceedings
Sec. 41 Costs of Arbitration Proceedings
Principles governing the costs of arbitration procedings
attached hereto shall be an integral part of these Rules.
(1) Upon application, the Arbitration Court may, within its
jurisdiction (Sec. 1 hereof) conduct voluntary conciliation
proceedings on claims put forward, irrespective of the existence of
an arbitration agreement in such a case.
(2) Conciliation may be carried out only with the consent of the
other party. Proceedings in this case shall take place before a
conciliatory committee, composed of the secretary, who shall be in
chair, and two other members, each party appointing one of
(3) The parties shall present their arguments during a meeting
convoked by the secretary for the purpose of carrying out the
conciliation. The meeting should result in a draft settlement which
the parties shall be free to accept or reject.
(4) The draft settlement recommended by the conciliatory
committee to the parties upon termination of the meeting shall not
prejudice the parties in the following dispute, if any. In
addition, no statement made by them during the conciliatory
proceedings can prejudice their respective rights.
(5) The fee for conciliation shall amount to one half the fee
and lump sum to cover the administrative costs, to be paid in
respect of arbitral proceedings. The fee and the lump sum fee shall
be paid in advance, each party advancing one half (1/2) thereof. As
far as costs for translation and interpretations are concerned, the
respective provisions of the Rules relating to these services in
arbitration proceedings shall apply accordingly.
Entry into Force
The present Rules shall enter into force and become effective as
from May 1st, 2002