Arbitration award
Principles of dispute resolution
Art. 76 - (1) The arbitration court shall resolve the dispute in compliance with the main agreement and current legislation.
(2) The arbitration court shall consider and render an award on any claim within its competence in accordance with law.
(3) An arbitrator cannot refuse resolving a dispute due to inexistent, incomplete, or unclear legal framework.
(4) If the case cannot be solved on the basis of law, custom, or, in the absence of established custom, in accordance with the legal provisions in similar situations, it will be solved based on the general legal principles with due consideration of all circumstances and the principle of equity.
(5) It is forbidden to an arbitrator to render generally obligatory dispositions as part of rendering arbitration awards on cases submitted to the court.
(6) If the parties express their consent, the arbitration court may resolve a dispute in equity.
Deliberations and rendering an award
Art. 77 - (1) Prior to rendering an award, arbitrators shall have confidential deliberations in the office of the Arbitration Court for Transport.
(2) Rendering of the award may be suspended for at most 21 days, subject to meeting the arbitration terms.
(3) The arbitration award shall be rendered by a majority vote.
(4) Minutes, including summary of dispositions and, if necessary, the dissenting opinion, shall be recorded after deliberations.
(5) The decision of the Arbitration Court for Transport is called arbitration award.
Arbitration award
Art. 78 - (1) The arbitration award shall be rendered in writing and shall contain:
a) nominal list of arbitration court, place and date of rendering an award;
b) names of the parties, their corresponding home or residence addresses or, if applicable, the names and corporate addresses of the legal entities, as well as the names of their representatives and other persons participating in the arbitration;
c) note of the arbitration agreement the arbitration was based on;
d) the object of the dispute and positions of the parties in brief;
e) practical and legal grounds of the award and, for arbitration in equity, the reasons that led to this decision;
f) disposition;
g) signatures of all the arbitrators and the arbitration assistant.
(2) An arbitrator having a dissenting opinion shall write and sign his dissenting opinion stipulating its reasoning. This rule applies accordingly for cases of concurrent opinion.
Clarification of arbitration award
Art. 79 - (1) If clarifications are required in relation to the content, volume, or application of the arbitration award, each party may request the arbitration court to clarify the dispositions or remove contradictory ones.
(2) If, while rendering an award, the arbitration court does not render an award for any part of the claim, a related claim, or other incidental claim, each of the parties may request completing of the award.
(3) The request for clarification or completing of the award may be formulated pursuant to p.(1) and p.(2) within 10 days from receiving the arbitration award, and shall be rendered separately by the arbitration court, together with the parties duly summoned.
(4) Substantive errors or any other obvious errors in the award decision document that are not affecting the arbitration award, as well as calculation errors, may be corrected at the request of a party within the period established in p.(3) or directly by the court. The court may duly summon the parties if considered as necessary.
(5) A decision to clarify, complete, or correct an award shall be rendered immediately and become part of the arbitration award.
(6) The parties are not required to cover expenses related to clarification, completing or making corrections to the arbitration award.
Notification of arbitration award
Art. 80 - (1) The parties shall be informed of the arbitration award within one month after its rendering.
(2) If requested by a party, the arbitration court shall issue a formal certificate confirming notification of the award in line with p.(1).
Legal force of the arbitration award
Art. 81 - The arbitration award, once duly communicated to the parties, becomes binding and final.
Transmission of materials to the archives
Art. 82 - The Arbitration Court for Transport should transmit the materials of the case to the archives within 30 days after communication of the rendered award to the parties or its clarification, completing or correction.
