Frequently asked questions.
What disputes does PRIAC decide?
The Arbitration Court is authorised to hear and decide domestic and international disputes from transactions concluded on CMCEK, as well as disputes from off-exchange transactions whose subject matter comprises commodities traded on the exchange and related services. Details are set out in § 1 of the Rules of Procedure.
Can PRIAC also decide international disputes?
Yes. With the consent of the parties, arbitrators decide disputes in Czech, English, French, German, Polish and Russian. Enforceability of the award abroad is ensured by the New York Convention.
What happens if the respondent does not comply with the award?
An arbitral award is final and enforceable — in the Czech Republic, a fully enforceable title. If the obligated party does not fulfil the obligation imposed by the award, the prevailing party may, on the basis of the award, apply to the court for enforcement. In international disputes, the New York Convention applies and ensures enforceability of the award abroad.
Can we add the clause to contracts that have already been concluded?
Yes, by way of an amendment to the contract. Even if a dispute has already arisen and you did not include an arbitration clause in your contract, you may, under § 2(3)(a) of Act No. 216/1994 Coll., conclude what is known as an arbitration agreement and agree to have the dispute decided by PRIAC.
How much does arbitration cost?
For domestic disputes, a one-time fee of 4% of the value of the matter in dispute is charged, with a cap of CZK 1,000,000. The fee for international disputes is determined according to the value of the dispute. In addition to the fee, a lump sum for administrative costs is charged according to the Tariff. The fee does not increase when several oral hearings are held. If successful, the award typically orders the opposing party to bear the costs.
How exactly do I file a statement of claim?
The procedure is similar to ordinary court proceedings. The requirements of the statement of claim are set out in §§ 18 and 19 of the Rules of Procedure; the number and language of submissions in § 7 of the Rules. Hearing of the claim is conditional on payment of the fee and the lump sum for administrative costs; if you do not calculate the amounts yourself according to the Rules on Costs, you will be invited by the Arbitration Court to pay them.