Litigation Lawyers in Czech Republic
Litigation Lawyers in Czech RepublicUpdated on Sunday 03rd November 2019
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Litigation in Czech Republic refers to the last legal method to which individuals or legal entities involved in any type of disputes use in order to settle the case. In cases involving disputes, the local legislation stipulates that the first legal step which has to be applied is a settlement between the parties involved. Only if this procedure fails, the parties can file for a lawsuit, which will be presented in a Czech court; if you are involved in a dispute, our Czech litigation lawyers can provide you with assistance on the case and legal representation.
Arbitration court in Czech Republic
Foreign investors who have set up a company in Czech Republic that is involved in a commercial dispute should know that this type of case can be addressed to the Arbitration court, which can offer resolutions for local or international commercial disputes. At the same, the Arbitration court offers its services to persons who have been involved in various types of consumer disputes; our team of Czech lawyers can represent you in rental disputes referring to the breach of the stipulations of the contract. The legislation under which the Arbitration court functions is provided by the Act no. 216/1994 Coll., which specifies that the court can resolve disputes addressed to it only in the case it has jurisdiction which is prescribed by the following:
- • the parties have concluded an arbitration agreement;
- • an international treaty.
How is arbitration made in Czech Republic?
Commercial disputes in the Czech Republic can be handled in the Arbitration Court and the authorities can deal with local disputes, consumer and international disputes. It is important to know that the International Rules or the Rules of Procedure for International Disputes are used in the Arbitration Court, depending on the case presented. Such disputes can be delicate, particularly if these involve commercial disagreements that cannot be handled otherwise. We invite you to talk to one of our Czech attorneys who can offer in-depth legal advice and support for such cases.
How is the Czech court system structured?
Besides the Constitutional Court of the Czech Republic, which is a separate entity, the general court system in this country is structured as follows:
- 86 district courts that that deal with first instance proceedings in criminal and civil matters.
- The regional courts having jurisdictions over second instance proceedings in criminal and civil cases.
- There are two High Courts in the Czech Republic with jurisdiction in criminal and civil cases (Prague and Olomouc).
- The Supreme Court and the Supreme Administrative court are the most representative courts in the Czech Republic.
Legal advice and support in litigation cases can be offered by one of our experienced Czech lawyers.
Legal advice for administrative litigation cases
Our litigation lawyers in the Czech Republic can handle administrative litigation cases of any kind, mentioning that these might be complex and might prolong. However, regardless of the complexity of the case you might deal with, our advisors can provide legal assistance and advice for construction permit appeals, tax appeals, real estate litigations involving construction companies in the Czech Republic. It is highly recommended to ask in time for legal advice and let a Czech lawyer take your case.
Proceedings for trademark and patent infringement cases
The Code of Civil Procedure in the Czech Republic stipulates that the first step in patent or trademark infringement or complaint is to offer an amicable settlement which is enforceable as soon as parties involved agreed on the resolution. This is a common practice and it is recommended before any hearing takes place in the court of law. More than that, the court can ask for a mediation process (Act no. 202/2012 Coll. on mediation) instead of other court proceedings which might prolong for a while, even for several years. In the case of appeals of intellectual property decisions, the Code of Civil Proceedings applies, mentioning that such cases are dealt with the High Court in Prague. The appeal is subject to different regulations, among which we mention that parties involved cannot bring new evidence or factual statements. Also, one should know that the appellate re-evaluation, can be commenced in relation to the decision of the court of the second instance before the Supreme Court, being restricted only to the legal examination.
Paying the costs of litigation
The costs of litigation are supported by the parties involved in the trial and refer to expenses for filing a lawsuit, for preliminary injunctions, filing an appeal and also for the legal representatives. Parties winning the case in the court of law are entitled to full reimbursement of expenses involved (the cost of proceedings), however, the court can deny the reimbursement under different conditions. If you need more details in this matter, do not hesitate to ask for legal advice from our Czech lawyers.
Litigation services in Czech Republic
The litigation services provided by our Czech lawyers cover a wide range of aspects related to the Commercial Law; our lawyers can provide you with assistance on various legal aspects of the litigation case in which you are involved. Our lawyers can assist you in creating a litigation strategy in accordance with your specific situation and can offer legal support for debt enforcement, employment litigation or taxation disputes.
Making investments in Czech Republic
The Czech Republic is considered a reliable business partner and an important hub that attracts many international investors each year. The legislation on foreign investments in the Czech Republic offers equal rights to both domestic and foreign entrepreneurs in this country in terms of business. Sectors like tourism, IT, agriculture, engineering, research and development, transportation and infrastructure are well-developed and open to foreign investments of all kinds. Below we have gathered facts and information about the economy and business direction in the Czech Republic:
- • The World Bank “2019 Doing Business” report ranks Czech Republic 35th out of 190 international economies;
- • The total FDI stock for 2018 in the Czech Republic stood at approx. USD 155,024 million;
- • The Netherlands, Luxembourg, Germany, and Austria are the main investors in the Czech Republic;
- • Most of the foreign investments are directed to the manufacturing sector in the Czech Republic.
If you need further information on litigation services offered in Czech Republic, please contact our Czech law firm for legal representation.