Preliminary procedure
Claim
Art. 48 - (1) The claimant shall notify the Arbitration Court for Transport with a written request, which shall contain:
a) Full name and address of a person or name and corporate address of a legal entity. The request should also contain an unique identification number, such as a national ID number, and the registration or tax reference number, the trade registry or registry of legal entities number, the bank account number for companies, and also the same data for the respondent if available for claimant.
b) full name and position of the party's representative, together with an appropriate certificate if necessary;
c) reference to the arbitration agreement with the copy of the contract containing it attached, or copy of the agreement if concluded separately, or copy of the arbitration composition;
d) amount of claim, as well as calculation of this amount;
e) practical and legal grounds, as well as evidence that underpins the claim;
f) full names and addresses of the arbitration court members, if necessary;
g) signatures of the parties.
(2) The claim may by filed following in the form of a protocol created by the Secretariat of the Arbitration Court for Transport and signed by the parties or by claimant and arbitrators.
(3) The claim shall be submitted as multiple copies, one copy for each party to arbitration and one copy for the Arbitration Court for Transport.
Notification of arbitration claim
Art. 49 - The Secretariat of the Arbitration Court for Transport shall provide the respondent and the Board of the Arbitration Court for Transport with copies of the claim and attached documents.
Points of defence
Art. 50 - (1) Within 15 days after receipt of the arbitration claim copy, the respondent shall present points of defence containing objections to the claim, de facto and de jure response to the claim, defence evidence as well as other data pursuant to Art.48 for the arbitration claim.
(2) Objections and other means of legal defence not contained in the points of defence shall be presented before the first hearing the party has been duly summoned to, otherwise this right will be lost.
(3) Should the Arbitration Court for Transport consider that the non-submission of the points of defence leads to an arbitration delay, the respondent shall cover all related arbitration expenses.
(4) Provisions of Art.49 shall be applied accordingly.
Counterclaim
Art. 51 - (1) If the respondent has complaints against the claimant arising from the same relationships, the respondent may submit a counterclaim.
(2) The counterclaim shall be submitted by the deadline for points of defence submission or prior to the first hearing that the respondent was duly summoned to, and shall meet the same requirements as the arbitration claim.
Statement of Claim
Art. 52 - (1) Following the receipt of the claim, the Arbitration Court for Transport shall prepare the Statement of Claim, which includes:
a) name and/or legal name, address, other specifics, and the role for each party and representatives at the arbitration;
b) forwarding addresses for the arbitration notifications;
c) summary of claims of the parties, the amount of arbitration expenses and, if possible, estimation of any other claims;
d) list of questions to be discussed, if necessary;
e) name of the sole arbitrator or names of the arbitrators and the super-arbitrator;
f) place of arbitration;
g) guidelines for the applicable rules and, if necessary, indication of the court authority to render an award in line with law or a decision ex aequo et bono.
(2) The Statement of Claim shall be signed by the Chairman of the Board of the Arbitration Court for Transport or his appointed deputy as well as by the sole arbitrator or arbitrators and the super-arbitrator.
(3) After the receipt of the Statement of Claim, the parties cannot bring new claims beyond the scope of the arbitration act without consent of the Arbitration Court for Transport, which takes into consideration the character of these claims, the state of arbitration and any other significant circumstances.
