Dismissal of the case. Expiration
Dismissal of the case
Art. 83 - (1) If the claimant impedes arbitration process by noncompliance with this arbitral code, the court shall forward a written notification including the claimant duties, the compliance deadline and the consequences of noncompliance.
(2) The compliance deadline from the previous paragraph shall be 10 days if arbitration court was not constituted or is to be decided by the arbitration court.
(3) If the claimant does not respond or does not meet its duties in due time, the proceedings in the case will be dismissed by resolution of the Chairman of the Board of the Arbitration Court for Transport and the case shall be dismissed without reimbursement of the paid taxes.
Expiration
Art. 84 - (1) The arbitration claim expires if a party fails to respond to a request over a period of 6 months.
(2) The expired claim shall be formally stated by the court or at the request of a party. In both cases, the Chairman of the Board of the Arbitration Court for Transport shall establish a deadline, decide on urgent summon of the parties, and requests the Secretariat to issue a procedural act stating that the claim expired.
(3) The arbitral tribunal consists of one arbitrator - the Chairman of Board of the Arbitration Court for Transport or an arbitrator appointed by him/her.
(4) If the arbitration court was constituted and the case proceedings are in progress, the claim expiration shall be stated by the arbitration court according to the rules.
(5) If the procedure to summon a party failed due to the party failing to provide a valid address or changing its address without informing the court, rejection of summon receipt or unavailability of the person at either the home or the office address, as recorded on file, this party shall be duly summoned to the arbitration for the procedure of stating the case expiration by publicly displaying the summon at the entrance of the Arbitration Court for Transport.
