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Settle your claims effectively!. Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic.

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Presentation on theme: "Settle your claims effectively!. Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic."— Presentation transcript:

1 Settle your claims effectively!

2 Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic Established in 1949 Unlimited local and subject-matter jurisdiction in property disputes Over 10 thousand disputes resolved in the last decade Over 300 experienced arbitrators Administrative background

3 Recommended Wording of Arbitration Clause „All disputes arising from the present contract and/or in connection with it shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules by three arbitrators in accordance with the Rules of that Arbitration Court." Arbitration clause must be either included in the contract or, whenever after, implemented in the addendum to the existing contract Appointment of one arbitrator, exclusion of oral hearing, proceedings in foreign language also possible Special protection of consumers ensured (e.g. mandatory oral hearing, special requirements for reasoning of award, etc.)

4 Advantages Arbitral award enjoys the same status as judicial decision, same manner of enforcement Easier enforcement of the award abroad (in more than 140 countries on the basis of the New York Convention) The award is final, binding and enforceable – made in a single instance, i.e. not subject to appeal (unless otherwise agreed by the parties in the arbitration clause) Efficient and fast – average time of the proceedings is four months. Accelerated proceedings available. Arbitration fee amounts to 4% from the value of the dispute Free choice of arbitrators, language and the place of arbitration Arbitral proceedings not open to public

5 Disadvantages Interim measures cannot be ordered by arbitration court –can be requested at court with the dispute continuing in arbitration proceedings –can be replaced by interim arbitration award Witnesses cannot be called –parties to the dispute are obliged to ensure their participation in the proceedings on their own

6 Growth of Disputes:

7 Domain Name Disputes Arbitration Court is the largest forum for domain name disputes around the world the only forum for.EU domain disputes worldwide one of the two fora in Europe for settlement of generic domain disputes such as.COM,.ORG,.NET, etc. exclusively competent for settlement of.CZ domain disputes

8 Rules of the Arbitration Court Just procedure provides for impartiality of arbitrators enable parties to be heard, to plead and to respond to claims and motions made in the course of the proceedings New rules in force as of 1 July 2012 What´s new? New manner of constituting presiding arbitrator in case the arbitrators fail to elect one

9 Arbitration Court For more information visit: www.soud.cz Consultation Center of the Arbitration Court You may also send your questions to: vzdelavani@soud.cz


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