Statute - International Human Rights Commission

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Statute

Federal Court
STATUTE of
Federation of Human Rights Arbitration -
FEDERAL COURT.

Chapter I.
 

Jurisdiction of the IHRC Court of Arbitration
 
§ 1
 
1.     The IHRC Court of Arbitration is an independent, separate organizational unit operating at the International Human Rights Commission (IHRC Umbrella Fund), registered at the Regional Court in Ostrava with the seat of Loretánské náměstí 109/3, Hradčany, 118 00 Praha 1, appointed to an impartial and independent settling disputes arising in connection with specific contractual or non-contractual legal relations submitted by the Parties to the settlement of this Court of Arbitration on international territory. Federal Court uses the name "Federation of Human Rights Arbitration - Federal Court" and uses a round seal with its name and seat designation.
 
2.     The Federal Court shall have jurisdiction if, in a valid arbitration agreement, the Parties submitted to its settlement disputes that arose or may arise between them in relation to a specific contractual or non-contractual legal relationship, and also, in the absence of a valid arbitration agreement, a Party or The parties decided that the dispute arising with their participation would be resolved by arbitration and in particular international regulations, e.g. Article 2 of the New York Convention of June 10, 1958.
 
3.      The seat of the Federal Court is Loretánské náměstí 109/3, Hradčany, 118 00 Praha 1, and its branches will be established in other States.
 
4.     Arbitration proceedings and adjudication shall be conducted in electronic form.
 
5.     On the consent of each Party, the Adjudication Group may designate the personal form and place of arbitration. The costs of the Arbitration Court related to this are covered by the party requesting personal form before commencing the proceedings.
 
 
Chapter II
 

Rules of Conduct. Applicable substantive law.
§ 2
 
1.     The Federal Court and the Adjudication Group, in applying the provisions of these Regulations, shall take into account the provisions of the arbitration agreement and the rules of conduct agreed by the Parties, provided they do not conflict with these Regulations.
 
2.     The arbitral tribunal shall be obliged to act impartially, enabling the Parties to properly present the circumstances they consider relevant for the defense of their rights.
 
3.     The Federal Court is not bound by the provisions on proceedings before common courts, it is an independent, autonomous source of law in the country where the judgment or order is issued.
 
4.     The arbitral tribunal shall resolve the dispute in accordance with the general rules of law most closely related to the legal relationship to which the dispute relates, having regard to the provisions of the contract and commercial practices applicable to the contractual relationship.
 
5.     The Federal Court charges fees for its activities according to the table below:
1.  Application fee - in the amount of 50% of the value specified in point 2 from the claimant at the time the claim is filed
 
 
 
2.  On the value of the dispute - after the sentence has been issued
 
a)  up to 100,000 €       - 7%
b)  up to € 1 million      - 4%
c)  up to € 10 million    - 2%
d)  over € 100 million   - 1%
 
3. Local taxes, including VAT, will be added to the above values

 
Chapter III
 

Organization of the Arbitration Court
§ 3
 
Federal Court staff consists of: President and Presidium of the Court, Secretary of the Federal Court and His Deputy, Arbitrators, Mediators, Prosecutors, Notaries, Peace Judges and administrative staff.
 

A. President and Presidium of the Court
 
1.     Presidium of Federal Court is composed of:
 
a) President of the Federal Court
b) up to 2 (two) Vice-Presidents of the Federal Court
c) Secretary of the Federal Court and His Deputy
 
2.     With the consent of the majority of the current Presidium, including the President of the Federal Court, the President of a foreign branch / branch of the Federal Court may be included in the Presidium for a definite or indefinite period.
 
3.     The President of the Federal Court and the Vice-Presidents shall constitute the Presidium of the Court of Arbitration. Upon their appointment, the President and His Deputies become arbitrators and are entered on the list of arbitrators.
 
4.     The President of the Court shall be appointed by the Management Board by a resolution of the IHRC Court approved by two other IHRC judges.
 
5.     The Vice President of the Federal Court shall be appointed by the President of the Federal Court.
 
6.     The President manages the work of the Arbitration Court and also, with the assistance of Deputies and proxies, takes actions necessary to exercise the judiciary.
amicable.
 
7.     The Presidium represents the Federal Court of the IHRC externally, however, all decisions
with external effect, including incurring financial obligations on behalf of and for the benefit of the Federal Court, may only be undertaken by the Presidium of the Court in the presence of at least two members.
 
8.     The President of the Federal Court appoints and maintains a list of the Court's arbitrators and makes entries and deletions therein.
 
9.     IHRC arbitrators have immunities for judges.
 

B. Arbitrators
 
1.     A citizen of any country may be an arbitrator of the Permanent Court of Arbitration IHRC.
 
2.     The list of arbitrators shall include the arbitrator's name, place of residence, education, profession, specialization within the profession, knowledge of foreign languages ​​and life experiences.
 
3.     An active state court judge may not be entered on the list of arbitrators, which does not apply to retired judges or Judges of the State Tribunal. .
 
4.     Arbitrators, when adjudicating in a case, are not representatives of either Party, are independent and are subject only to applicable laws.
 
5.     In the event of an arbitrator being excluded - his replacement shall be the arbitrator appointed by the Party whose arbitrator has been excluded. To this end, the President of the Court calls a Party to appoint an arbitrator within 7 days, and after the expiry of the deadline - appoints an arbitrator himself. If the Chairman of the adjudicating panel is excluded - the President of the Court shall immediately appoint a new Chairman.
 
 
C. Other activities before the trial.
 
1.     If the defendant raises an allegation of the arbitration court's impropriety, the Presidium of the Federal Court or the adjudicating panel, if appointed, shall decide on the justification.
 
2.     In the event of the application being rejected due to the inadequacy of the Arbitration Court, the decision shall contain a decision reimbursement of a 50% fee from the complaining Party.
 


 
§ 9
 
If the plaintiff withdraws the claim, the decision to discontinue the proceedings of the Presidium of the Court in the order may order a refund of 50%.

 
§ 10
 
1.     The proceedings may be suspended at the request of either Party or the complaining Party. The proceedings shall be resumed at the request of one of the Parties.
 
2.     If no request is made by either Party within one calendar year from the date of submission of a valid request for suspension, the proceedings shall be discontinued by the Presidium of the Court of Arbitration.
 

§ 11
 
1.     The plaintiff may, not later than at the first hearing, lodge a counterclaim if his examination falls within the jurisdiction of the Court.
 
2.     A counterclaim shall be examined by the panel appointed for the main claim.
 
3.     The provisions regarding the main application shall apply to the counterclaim.
 
4.     Suspension or discontinuation of proceedings on the main claim as well as rejection of the claim do not block the examination of the counterclaim
 

§ 12
 
1.     A party who, in the event of an unfavorable outcome would be entitled to a claim against a third party, or against whom a third party could make a claim, may notify such a person about the pending trial and request to take part in it.
 
2.     The application should be accompanied by documentation and pay half the fee due in the given case.
 
3.     The application, together with attachments, shall be served on a third party with a request to declare, within one week, whether it will enter the dispute as a side intervener.
 
 
§ 13
 
The parties, or an intervening party, may use their own representatives.

 
§ 14
 
1.     The service made by the Court is considered correct and effective if there is proof of delivery to a Party or its representative, to the e-mail address provided in the pleadings, and if the defendant does not provide an address - at the address given in the correspondence contract or letter of business between the Parties.
 
2.     At the Party's expense, service may also be effected by other means.
 

Personal hearing
 
§ 15
 
1.     The chairman of the arbitral tribunal should prepare the oral hearing in such a way that it can be held at one possible meeting. To this end, it may order the exchange of further pleadings and issue other relevant orders.
 
2.     The date of the oral hearing shall be set by the chairman of the adjudication panel. The time limit should be set so as to enable the Parties to take part in the trial in person and to take evidence at it.
 
3.     Failure of the Parties duly notified of the date of the hearing shall not suspend the proceedings.
 
 
§ 16
 
1.     Hearings are not public - unless the panel adjudicates otherwise at the request of the Parties.
 
2.     Bureau members may always hear the hearing. The hearing may also be followed by two persons introduced by the Parties.
 

§ 17
 
The hearing is held in the language of the Parties, and if they are different, the Parties are to choose the language of the hearing from the languages ​​proposed by the Court. In the absence of unanimity between the Parties, the language of the hearing shall be determined by the Court. The chairman of the arbitral tribunal may appoint parties jointly and severally to translate for a personal hearing. An interpreter may not be appointed if a member of the arbitral tribunal performs his duties.
 

§ 18
 
1.     Leadership of the hearing belongs to the Chairman of the adjudication panel.
 
2.     The parties may, in both the factual and legal field, present what they consider appropriate to defend their rights.
 
3.     The arbitral tribunal shall at its discretion decide on the evidence motions of the Parties and may, on its own initiative, admit any evidence, even if not offered by the Parties, provided that it considers it relevant for the investigation. In particular, it may summon the Parties to present documentary evidence, inspect, investigate, interrogate Parties, witnesses and experts and collect their pledges.
 
4.     If it is necessary to take evidence outside the place of trial, the adjudication panel may order the taking of evidence to one of its members or request that evidence be taken to the competent state court, and if the evidence is to be taken abroad - the adjudication panel may request its taking local court or obtain evidence in another appropriate way. In such a case, the costs shall be borne by the Party concerned and its amount and rules shall be determined by the chairman of the adjudication panel. The described actions are started by the court after receiving the advance payment.
 
5.     If necessary, and in particular in dealing with matters related to the protection of overriding interests, in order to expedite cases, the President of the Court or the Presidium may appoint additional court officers - a prosecutor, trustee, bailiff.
 


 
 
§ 19
 
A personal report is prepared and signed by the Chairman of the adjudication panel and the recording clerk. The recorder is an employee of the Court, assigned to be recorded by the President of the Federal Court.
 

§ 20
 
After the adjudication panel has deemed the matter sufficiently resolved to be resolved, the presiding judge closes the hearing. However, if the panel finds it necessary before issuing the judgment - it may open a closed trial. Then the Chairman may set a date for further hearing.
 

Judgment
 
§ 21
 
1.     Consultation and voting of the adjudicating panel is secret.
 
2.     A majority of votes is sufficient for the adjudication of the panel to be effective.
 
3.     The verdict is passed by an absolute majority of votes.
 
4.     A voted arbitrator may attach his dissenting opinion to the file, making an appropriate reference to the award.
 
5.     A record clerk may be present at the personal hearing.
 
6.     The judgment should contain:
 
a) the designation of the Arbitrators and the Parties and the date and place of issuance of the award
 
b) the basis for the jurisdiction of the Court (reference to the Court),
 
c) ruling on all the claims of the lawsuit and the claims submitted in the course of the proceedings, together with the justification including the motives by which the Court followed the judgment,
 
d) settlement of the costs of proceedings and procedural costs of one professional representative (lawyer, legal advisor) in the amount depending on the value of the subject of dispute in accordance with the table of fees.
 
 
§ 22
 
1.     The award should be issued by the Adjudication Group after deliberation, not later than 30 days from the closing date of the hearing.
 
2.     The original and all extracts of the judgment must bear signatures.
 
3.     The President of the Court of Arbitration within 7 days of issuing the award examines them formally. In the event of formal deficiencies or gaps, he shall forward the decision to the Chairperson of the composition, in order to make formal corrections or additions within three days. This provision in no way refers to the content of the decision itself as to the substance of the matter. Is not enough the secretary?
 
4.     The award of the Arbitration Court shall be served on each Party with proof of delivery, signed as the original.
 
5.     The award of the Arbitration Court is final. The verdict of the Arbitration Court and the settlement concluded before it have legal force on an equal footing with a judgment of a common court or a settlement before such a court concluded in accordance with applicable regulations, in particular international ones.
 


 
§ 23
 
The President of the Federal Court may order, at the expense of a Party, the publication of a judgment in legal and commercial magazines in whole or in part - without the Parties being designated.
 
 
Chapter V
 

Departure from ordinary proceedings
§ 24
 
A. Adjudication without an oral hearing.
 
1.     A judgment may be taken without prior oral hearing if:
 
a. The parties gave up the oral hearing or when the plaintiff abandoned the oral hearing, and the defendant did not object to that in the period set out to file the defense,
 
b. there was a written recognition of the entire action, i.e. recognition of both the claim and the obligation to reimburse the costs.
 
2.     However, if in a given case the adjudicating panel (Presidium of the Arbitration Court) concludes that holding a hearing is advisable, a hearing will be appointed.

 
§ 25
 
B. Single Arbitration.
1. The case may be settled by an arbitrator single-handedly when:
 
a) this is enrolled in the Federal Court,
 
b. when the plaintiff has made a request and the defendant has not objected within the period set out to submit a reply to the claim.
 

CHAPTER VI
 

Mediation proceedings.
§ 26
 
A.    Initiation of mediation proceedings.
 
1.     Mediation proceedings are initiated by submitting to the Arbitration Court a request to conduct proceedings aimed at amicable settlement of the dispute presented in the request by the requesting Party.
 
2.     An application for summoning a settlement attempt should contain the following data:
a. name, surname or name of the Parties and addresses,
b. the basis of the application and evidence supporting the circumstances cited,
c. the signature of the Party or its representative.
 

§ 27
 
1.   After submitting the request, the President of the Court or appointed arbitrators at the first meeting shall determine
 
a) date of the hearing.
 
b) complete the application if it does not meet the requirements.
c) payment of mediation fee.
 
2.   In the event of failure to comply with the order in the part concerning para. 1 lit. a and
a) The President of the Court or appointed arbitrators shall leave the application without running, and after 14 days shall order the return of the application.

 
§ 28
 
After the execution of the ordinance referred to in § 27, the Secretary shall deliver a copy of the request for summons to the settlement attempt to the other Party, inviting her to establish a statement whether she consents to take part in the mediation proceedings.
 


 
 
§ 29
 
After the other Party has agreed to mediation, the Parties jointly designate a mediator from among persons entered on the list of arbitrators of the IHRC Arbitration Court.
 

§ 30
 
B. Mediator
 
The mediator is independent. He is obliged to keep secret the information obtained in connection with the performance of his function.
 

§ 31
 
1. After receiving the files on the matter from the Parties, the mediator shall appoint a mediation meeting.
 
2. Mediation proceedings should end at the first meeting, unless the Parties and mediators agree otherwise.
 

§ 32
 
1. Minutes shall be made of the mediation session of the appearance of all Parties, and if a settlement has been concluded, its content shall be entered in the minutes. The minutes are signed by the Parties and the mediator.
 
2. If no settlement is reached, the mediator Judge IHRC discontinues mediation proceedings.

 
Final provisions
§ 33
 
The Federal Court keeps case files for a period of 3 years from their completion - after which the files will be destroyed. The parties may at their expense receive copies of the file.
 

§ 34
 
The rules of internal functioning of the Federal Court are established by the Presidium of the Court.

 
§ 35
 
The Federal Court Regulations have been adopted in accordance with Resolution No. 8 of the International Human Rights Commission (IHRC Umbrella Found) of September 14, 2018.

 
§ 36
 
In matters not regulated by these Regulations, the applicable provisions of international law in accordance with Article 27 KWPT.

 
this Statute was adopted for use by the Presidium of Federal Court on September 14, 2018.

 
 
For the Presidium
President of the Federal Court
Prof. h.c. Sir Rafał Marcin Wasik

Copyright 2018. Created by IHRC Czech Republic

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