How African Firms Can Pursue Court Proceedings in the Czech Republic: Key Steps for Starting a Case

Pursuing legal claims in the Czech Republic as an African business requires navigating a complex procedural system fundamentally different from most common law jurisdictions. This article provides practical guidance on jurisdiction rules, filing requirements, evidence standards, cost structures, and enforcement mechanisms, ensuring African firms understand the critical decisions and procedural steps necessary before initiating court action.

Understanding Czech court jurisdiction and forum selection

When an African firm decides to pursue a commercial dispute in the Czech Republic, the first critical question is whether Czech courts have authority to hear the case at all. This inquiry determines the entire direction of your legal strategy and is far more complex in practice than many foreign businesses initially assume.

The Czech Republic's jurisdiction framework operates under a combination of European Union regulations, bilateral agreements, and domestic Czech law, creating a multi-layered system that specialists at ARROWS Law Firm navigate daily on behalf of international clients.

For most commercial disputes where the defendant is a Czech company or entity, the fundamental principle is straightforward. You must sue in the Czech courts where the defendant is domiciled or established. This principle derives from the Brussels I Regulation (Regulation (EU) No 1215/2012) and the Czech Act on Private International Law.

The Brussels I Regulation establishes that Czech courts have jurisdiction over defendants domiciled in the Czech Republic, regardless of the plaintiff's nationality or domicile. For African companies pursuing claims against Czech defendants, this typically means your case will be heard in Czech courts unless your contract explicitly specifies otherwise.

This is the "default" jurisdiction rule, and it applies even if you are based thousands of kilometers away in Lagos, Nairobi, or Johannesburg. However, the regulation also permits parties to negotiate choice-of-court agreements which can significantly alter this default position.

The concept of "domicile" deserves careful attention. For a company, domicile is typically established through the location of the company's registered office, central administration, or principal place of business. If your Czech debtor maintains their registered office in Prague, Czech courts almost certainly have jurisdiction.

This is a binding legal principle that applies throughout the European Union. African firms often underestimate the importance of understanding domicile rules at the outset of a dispute, leading to wasted effort filing in the wrong jurisdiction.

If your contract contains a valid choice-of-court clause—a jurisdictional provision that specifies which country's courts will hear disputes—that clause generally controls. This is a powerful tool for negotiating favorable dispute resolution terms. For example, if an African company signs a contract with a Czech supplier that specifies "disputes shall be resolved in the courts of South Africa," Czech courts will normally respect that choice and decline to hear the case.

However, choice-of-court clauses must meet strict legal requirements to be enforceable. The clause must be in writing, or established through practices the parties have followed in their business relationship. Many African companies discover too late that their choice-of-court provision is ambiguous or invalid.

ARROWS Law Firm assists African clients by reviewing and properly drafting jurisdictional provisions during contract negotiation, ensuring that your chosen forum is legally defensible and clearly defined. Contact us at office@arws.cz.

An additional jurisdictional avenue exists under special jurisdiction rules. In contract disputes, parties may also sue in the courts of the place where the obligation was performed. This provision creates tactical flexibility, but it also introduces complexity requiring experienced judgment to deploy effectively.

microFAQ – Legal tips on establishing Czech jurisdiction

1. Does the fact that I'm based in Africa automatically mean I cannot sue in Czech courts?
No. African companies have the same standing to sue in Czech courts as Czech companies. Czech jurisdiction depends on the defendant's domicile or location of the disputed activity, not your domicile. However, you must understand Czech procedural rules and document requirements, which is why specialists from ARROWS Law Firm provide essential support. 

2. If my contract does not specify a court, which country's courts will hear my dispute?
The default rule is that the defendant's domicile determines jurisdiction. If your Czech counterpart is registered in Prague, Prague courts will almost certainly have jurisdiction. However, special jurisdiction rules may create alternatives. Our lawyers at ARROWS Law Firm assess your specific contract to identify all available forums. Write to us at office@arws.cz.

3. Can I ignore a choice-of-court clause in my contract if it is inconvenient?
No. Valid choice-of-court clauses are enforceable and binding. The courts of the designated forum will hear the case. If your contract designates Czech courts and you attempt to sue elsewhere, the Czech courts will enforce the clause and require your opponent to defend in the correct forum, contact office@arws.cz.

Critical pre-filing steps: documentation and pre-litigation demand letters

Before a single document is filed with a Czech court, an African company must complete several non-negotiable preliminary steps. These steps form the foundation of your case, and procedural errors at this stage often result in case dismissals or cost recovery denials.

The lawyers at ARROWS Law Firm regularly handle these pre-filing phases for international clients, and the firm's daily engagement with this agenda significantly reduces client time investment and minimizes errors. Contacts us at office@arws.cz.

Preparation of foreign corporate documentation and powers of attorney

To initiate any legal proceeding in Czech courts, an African company must first establish its legal capacity and authority to act. Czech courts will reject a claim filed without proper documentation proving that your company exists and is legally registered in your home country.

You must provide a certified extract from your company's commercial register (or equivalent business registry) and a notarized power of attorney authorizing a specific person to represent your company.

The apostille requirement deserves particular emphasis. An apostille is a form of international certification that authenticates the origin of public documents for use in signatory countries. If your African company's home country is a signatory to the Hague Convention, your power of attorney must be apostilled.

For non-signatory countries (e.g., Nigeria, Kenya), a process of superlegalization is required, involving the local Ministry of Foreign Affairs and the Czech Embassy. This process can take weeks or months. 

The power of attorney itself must be drafted with precision. It must explicitly authorize the person representing your company to initiate litigation, to make procedural decisions, and to accept service of documents. A vague power of attorney may be rejected by the court.

ARROWS Law Firm assists African clients by reviewing existing powers of attorney and drafting compliant versions, then managing the authentication process through the firm's Prague office, contact office@arws.cz.

The mandatory pre-litigation demand letter (předžalobní výzva)

Czech law imposes a formal pre-litigation requirement: before filing a lawsuit for a monetary claim, you must generally send a formal written demand letter to your opponent. This requirement is mandatory if you want to be eligible to recover your attorney's fees and court costs should you win the case.

Failure to send this letter—technically called the "předžalobní výzva"—will typically result in the court denying your cost recovery request, even if you win on the merits. The demand letter must be sent to the defendant at their delivery address at least seven days before you file your lawsuit. It must specify precisely what performance you are demanding and identify the legal grounds for your claim.

The demand letter must be properly served and documented. While it does not require formal court service, you must have proof that the letter was sent to the defendant's registered address via registered mail or data box.

Specialists at ARROWS Law Firm draft these letters to meet Czech procedural standards and maximize your cost recovery prospects. Contact us at office@arws.cz

Documentation preparation and translation requirements

All documents submitted to Czech courts must be in Czech or must be accompanied by a certified Czech translation. This requirement applies to contracts, invoices, delivery notes, emails, and any other evidence you intend to rely upon.

If your business records were created in English, Swahili, French, or any other language, they must be translated into Czech by a court-certified translator (soudní tlumočník). Many African companies underestimate the time and expense associated with translating business records. For contracts and business documents, the standard approach is to provide both the original language version and a certified Czech translation.

ARROWS Law Firm maintains relationships with court-certified translators in Prague and arranges for rapid translation of business documents, ensuring that all materials are compliant with Czech requirements.

Choosing the right court and filing your claim

The Czech Republic maintains a tiered court hierarchy for civil matters: district courts (okresní soudy), regional courts (krajské soudy), high courts, and the Supreme Court. For commercial disputes, proper forum selection is crucial.

As a general rule, district courts act as the courts of first instance for the vast majority of commercial disputes, regardless of the financial value of the claim. Regional courts now act as courts of first instance only in specialized matters. For an African company suing a Czech counterpart for unpaid invoices, damages, or breach of contract, the district court is almost certainly the correct forum. Filing in the wrong court will result in the court declaring a lack of competence and transferring the case.

The territorial jurisdiction is generally determined by the defendant's registered office. If your Czech counterpart is a company registered in Brno, the District Court in Brno will generally be the correct forum.

ARROWS Law Firm conducts a preliminary jurisdictional analysis for each African client, mapping the correct court based on the current Code of Civil Procedure rules.

Common pre-filing and jurisdictional errors

Risks and sanctions	How ARROWS helps (office@arws.cz)
Rejection due to invalid power of attorney or missing apostille/legalization: Court dismisses claim or halts proceedings because corporate documentation is incomplete or not properly authenticated.	Preparation and verification of corporate documentation: ARROWS Law Firm drafts compliant powers of attorney, manages apostille/legalization arrangements...
Denial of cost recovery due to missing pre-litigation demand letter: You win the case on the merits but the court denies your request for attorney fees because no demand letter was sent.	Drafting and serving pre-litigation demand letters: ARROWS Law Firm drafts demand letters specifying your claims precisely, ensures proper service...
Evidence exclusion due to untranslated documents: Court refuses to consider your contracts, invoices, or other evidence because they are not in Czech.	Document translation: ARROWS Law Firm arranges certified Czech translations of all business documents by court-approved translators...
Case delay due to filing in wrong court: You file in a Regional Court when a District Court is required due to recent legislative changes, resulting in transfer.	Jurisdictional analysis: ARROWS Law Firm conducts detailed analysis of court structure and claim type to identify the correct court immediately.

Filing your claim: electronic submission and court fees

Once your documentation is prepared, you are ready to file your claim (žaloba). The Czech procedure permits electronic filing of claims, which is particularly advantageous for African firms. You do not need to appear in person in Prague to file a claim.

Claims are typically filed electronically via the Czech data box system (datová schránka) or via email with a recognized electronic signature. A critical procedural requirement is payment of court fees.

For commercial disputes involving specific monetary amounts exceeding CZK 20,000, the court fee is typically 5% of the claimed amount. For example, a claim of CZK 1,000,000 would require a court fee of CZK 50,000.

There is a statutory cap on court fees for monetary claims, and slightly different calculation methods apply to amounts exceeding CZK 40 million. The court fee must be paid upon filing or shortly thereafter.

Your claim must contain specific mandatory elements: names and addresses of parties, a clear statement of facts, identification of evidence, and a precise prayer for relief (petit). The claim must be a legally structured document that anticipates the evidentiary burden.

microFAQ – Legal tips on filing your claim correctly

1. Can I file my claim in English?
No. All claims and court documents must be in Czech. English documents must be translated. ARROWS Law Firm manages this process. 

2. What happens if I miss the deadline to pay the court fee?
The court will discontinue (stop) your case. You will have to re-file. ARROWS Law Firm ensures fees are paid promptly. Contact us at office@arws.cz.

3. How quickly will the court accept my claim?
Formal review typically takes 2-4 weeks. If accepted, the court serves the defendant. The timeline depends on the court's workload.

Evidence, burden of proof, and the absence of discovery

Czech civil procedure operates under the principle that each party bears the "burden of allegation" and "burden of proof." Unlike US-style litigation with extensive discovery, Czech procedure provides no broad discovery mechanism.

You must build your entire evidentiary case before filing. If you do not possess the evidence to prove your claim, you generally cannot compel the defendant to provide it.

Types of evidence and their evidentiary weight

Documentary evidence is paramount. Contracts, invoices, delivery notes (CMRs), and email correspondence are standard. Witness testimony is also used, but it is typically given in person at the hearing.

Documents must be original or certified copies. Witnesses must generally appear in court, though video conference testimony is possible subject to the judge's discretion.

The critical absence of discovery

Because you cannot force the other side to disclose documents (with very limited exceptions), you must preserve all evidence during your business relationship.

ARROWS Law Firm assists clients in auditing their available evidence to determine if it is sufficient to sustain a claim under Czech standards.

Procedural timeline

The Czech Republic has improved court speeds, but timelines vary. A standard commercial dispute at a district court typically takes 12 to 18 months from filing to a first-instance judgment.

The process generally involves filing and fee payment, service on the defendant, a preliminary hearing for organization, oral hearings for evidence, and finally the judgment.

microFAQ – Legal tips on the procedural timeline

1. How much time should I budget?
Plan for at least 12-18 months for a first-instance decision.

2. Can I force a quicker trial?
Not easily. Defendants can use procedural steps to stretch timelines.

3. Can I appeal?
Yes. An appeal must be filed within 15 days of the judgment. Appeal proceedings add another 6-12 months.

Advanced procedural options: accelerated procedures

1. The "Payment Order" (platební rozkaz)

For straightforward monetary claims where the defendant is not expected to raise a substantive defense, the court can issue a Payment Order without a hearing. Based on your documents alone, the court orders the defendant to pay within 15 days.

If the defendant files an "objection" (odpor) within 15 days, the payment order is cancelled, and the case proceeds to standard litigation. An electronic version (EPR) is available for claims up to CZK 1,000,000.

2. The European Payment Order (EPO)

For cross-border claims within the EU, the European Payment Order is available. Unlike the European Small Claims Procedure, the EPO has no monetary limit and is available for uncontested cross-border pecuniary claims.

Cost structure: court fees, legal fees, and the "loser pays" principle

Court fees are approximately 5% of the claim amount and are paid to the state. Legal fees are negotiated with your counsel and may be hourly or fixed. For a CZK 1 million claim, expect initial court fees of CZK 50,000 plus legal fees.

The "loser pays" principle

Czech courts apply the "loser pays" rule. The losing party is ordered to reimburse the winning party's legal costs. However, reimbursement is calculated based on a statutory tariff, not your actual legal spend.

If you win, you get reimbursed a flat rate based on the tariff plus court fees. You generally must have sent the pre-litigation demand letter to be eligible for this reimbursement.

microFAQ – Legal tips on costs and fees

1. What is the cost to litigate a CZK 1 million dispute?
Court fee CZK 50,000 + legal fees. Total budget varies by complexity.

2. Can I recover 100% of my costs?
You recover costs based on the statutory tariff. If your lawyer's hourly rate is higher than the tariff calculation, you bear the difference.

3. What if I miss the demand letter?
You likely lose the right to cost reimbursement.

Appeal, extraordinary appeal, and enforcement

Appeals must be filed within 15 days of the written judgment. The appellate court reviews legal and factual errors. Appellate proceedings do not involve a full retrial but focus on the record from the first instance.

Enforcement (execution)

A judgment is worthless without enforcement. In the Czech Republic, enforcement is handled by private bailiffs (exekutoři). Once you have a final judgment, you select a bailiff who can freeze bank accounts or seize property.

Enforcement costs are primarily borne by the debtor, but the creditor may need to advance a retainer.

Enforcement of foreign judgments

If an African company has already obtained a judgment in an African court, it may be enforced in the Czech Republic under the Act on Private International Law. Reciprocity is often required, or specific bilateral treaties.

You must file for "recognition and enforcement" in Czech court. The court checks if the foreign court had jurisdiction and if due process was followed, but it does not re-try the merits.

Arbitration as an alternative

Arbitration is a viable alternative if your contract allows it. The Arbitration Court attached to the Czech Chamber of Commerce is the primary domestic institution. It is generally faster and allows selection of arbitrators with industry expertise.

The Czech Republic is a signatory to the New York Convention, meaning arbitral awards are enforceable worldwide. This option requires a valid arbitration clause in writing.

Executive summary for management

• Jurisdictional decisions define your strategy: African companies must verify if Czech courts have authority. The "default" is the defendant's domicile, but contracts can change this.
• Pre-filing compliance is mandatory: Missing the pre-litigation demand letter or failing to apostille a Power of Attorney can ruin your case or cost recovery.
• No discovery means you must prepare early: You cannot fish for evidence later. Gather all proofs before filing.
• Costs are significant but recoverable: Expect to pay 5% court fees upfront. The loser pays principle applies, incentivizing strong cases.
• Enforcement is separate: Winning in court is step one; a private bailiff handles actual collection.

Conclusion

Pursuing court proceedings in the Czech Republic requires strict adherence to procedural formalities and a strategic approach to evidence. From the critical pre-litigation demand letter to the specificities of the electronic payment order, success depends on navigating the rules correctly from day one.

The lawyers at ARROWS Law Firm have extensive experience representing international clients in Czech commercial disputes and combine in-depth knowledge of Czech procedural law with the practical capability to manage cross-border enforcement.

If you are contemplating a commercial claim against a Czech counterpart, engaging counsel before filing is essential to ensure procedural compliance and protect your right to cost recovery. To discuss your specific situation, please write to office@arws.cz.

FAQ - Litigation in the Czech Republic for African Businesses

1. What is the most common mistake African companies make?
Failing to send the pre-litigation demand letter (předžalobní výzva). This oversight often bars the recovery of legal costs even if the case is won. Contact office@arws.cz to ensure compliance.

2. Can I conduct my Czech lawsuit in English?
No. All proceedings are in Czech. Evidence in other languages must be translated by a court-certified translator.

3. How long does a commercial lawsuit take?
Typically 12-18 months for a first-instance judgment. Complex cases take longer. Payment orders can be faster.

4. What is the court fee for a CZK 5 million claim?
Approximately CZK 250,000 (5%).

5. Is arbitration better?
It offers confidentiality and international enforceability (New York Convention), but requires a valid arbitration agreement. It is often preferable for complex international trade disputes.

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue. Although we strive for maximum accuracy in the content, legal regulations and their interpretation evolve over time. To verify the current wording of the regulations and their application to your specific situation, it is therefore necessary to contact ARROWS Law Firm directly (office@arws.cz). We accept no responsibility for any damage or complications arising from the independent use of the information in this article without our prior individual legal consultation and expert assessment. Each case requires a tailor-made solution, so please do not hesitate to contact us.