How can a Ghanaian company litigate in the Czech Republic

Mgr. Vojtěch Sucharda
Mgr. Vojtěch Sucharda
7.4.2026 | ARROWS law firm

If your Ghanaian business has a dispute with a Czech partner, customer, or supplier, you may be considering litigation in Czech courts. However, the Czech legal system operates under fundamentally different rules than Ghana's common law framework. This article provides practical guidance on jurisdiction, filing requirements, costs, and enforcement mechanisms so your company understands the critical steps before initiating court proceedings.

Photo shows a specialist explaining cross-border litigation guidance.

Understanding Czech jurisdiction and where your case belongs

For a Ghanaian company contemplating litigation against a Czech defendant, the first critical decision is determining which court has jurisdiction. The Czech Republic applies a multi-layered jurisdictional framework combining European Union law, bilateral treaties, and domestic Czech legislation.

The Brussels I Recast Regulation (Regulation (EU) No 1215/2012), which governs civil and commercial matters across EU member states, establishes that Czech courts have jurisdiction over defendants domiciled in the Czech Republic. This means if you are pursuing a claim against a Czech company or individual operating from the Czech Republic, Czech courts will almost certainly hear your case unless your contract specifies otherwise.

The principle is straightforward but has important implications for Ghanaian business owners. Even though your company is thousands of kilometers away in Accra, Lagos, or Kumasi, the defendant's Czech domicile determines jurisdiction.

However, this default rule can be altered through contractual choice-of-court clauses (prorogation of jurisdiction). If your agreement with the Czech party includes a provision stating "disputes shall be resolved in the courts of Ghana", that clause will generally control provided it meets formal validity requirements.

The practical complexity arises when such clauses are ambiguously drafted—a common problem for companies using generic international templates without local legal review.

ARROWS Law Firm works regularly with Ghanaian and West African companies navigating Czech litigation. The lawyers at ARROWS Law Firm understand how Brussels I Regulation principles interact with the specific facts of your dispute and can assess whether Czech courts are the appropriate forum before you commit significant resources.

Identifying the correct defendant and proving Czech domicile

A surprisingly common procedural trap for foreign companies involves misidentifying the correct defendant. You might assume you should sue the Czech subsidiary, when the parent company actually holds the assets and makes the decisions.

Alternatively, you may discover too late that you served a branch office while the registration is in another entity's name. Czech courts require precise defendant identification (Name, Registered Seat, and Identification Number - IČO), and naming the wrong party can result in your judgment being unenforceable against the entity actually holding assets.

This procedural mistake effectively wastes your court fees and attorney time, as you would need to file a separate action against the correct defendant.

Before filing any claim, ARROWS Law Firm can conduct asset verification and corporate structure analysis to ensure you are suing the right Czech entity in the right jurisdiction. This preliminary investigation often saves months of wasted litigation.

Pre-filing compliance: documentation requirements that cannot be overlooked

Czech courts impose strict pre-filing requirements that differ significantly from common law jurisdictions like Ghana. A Ghanaian company cannot simply file a claim in Czech courts without first establishing its legal capacity and authority to act.

Corporate existence and representation

You must provide a recent certified extract from your company's business registry in Ghana—the equivalent of a registration certificate proving your company legally exists and is properly registered. Since Ghana is a party to the Hague Apostille Convention, this document must be authenticated with an Apostille certificate.

Additionally, you must submit a Power of Attorney (Plná moc) authorizing a specific person (typically a Czech attorney) to represent your company before Czech courts. The Power of Attorney must clearly identify the authorized representative, specify the scope of representation, and bear a signature authenticated by a notary (also requiring an Apostille).

Many foreign companies discover too late that their power of attorney document does not meet Czech procedural standards, requiring costly correction or resubmission.

The mandatory pre-litigation call

Crucially, before filing the lawsuit, Czech law (Section 142a of the Civil Procedure Code) generally requires the plaintiff to send a Pre-litigation Call (Předžalobní výzva) to the defendant. This notice must be sent to the defendant’s registered address at least 7 days before filing the claim.

While failure to send this notice does not invalidate the lawsuit itself, it prevents the court from awarding you reimbursement of legal costs, even if you win the case. For a commercial dispute, losing the right to recover legal fees can be a financial disaster.

Translation requirements and costs

All court proceedings in the Czech Republic must be conducted in Czech. Every document submitted to court—your contract with the defendant, invoices, correspondence, expert reports—must be officially translated into Czech by a court-certified translator.

These translation costs are substantial. Market rates for court-certified Czech translations in 2026 typically range between 450 and 850 CZK (approx. 18–34 EUR) per standard page (1,800 characters including spaces). For a complex commercial dispute involving dozens of documents, this can total thousands of euros.

ARROWS Law Firm can coordinate certified translation services and ensure all documents meet court standards. This avoids procedural delays caused by defective translations.

1. Does my Ghanaian company need a Czech subsidiary to litigate in Czech courts?
No. Foreign companies may sue directly in Czech courts, but you must provide proper documentation proving your company exists and is legally registered in Ghana. A registry extract with an Apostille and a Power of Attorney are essential.

2. Can I use an English-language power of attorney from my Ghana attorney?
Not without modification. Czech courts require powers of attorney to comply with Czech law requirements regarding form, specificity, and authentication. It must be bilingual or translated into Czech and apostilled.

3. What happens if I forget to send the Pre-litigation Call?
The court will still hear your case, but even if you win 100% of the claim, the judge will likely rule that you must pay your own legal fees and court costs. You lose the right to "cost shifting."

Filing your claim: the procedural architecture that shapes your entire case

Once you have gathered proper documentation and sent the mandatory Pre-litigation Call, you are ready to file your claim (in Czech, called the "žaloba"). Czech procedure permits electronic filing, which is particularly advantageous for Ghanaian companies operating remotely.

Claims are typically filed electronically via the Czech Data Box system (datová schránka), which is the mandatory communication channel for attorneys and courts. However, filing requires precise technical compliance.

If a claim is submitted by ordinary email without a recognized qualified electronic signature, the court will give you a mere three days to correct the defect. Failure to cure within this window allows the court to disregard your filing entirely.

The claim document itself must be legally structured to anticipate what must be proven. Unlike American litigation where parties can discover documents from opponents, Czech courts expect you to identify your evidence, state your legal theory, and present your case clearly from day one.

Your written claim must include the names and addresses of both parties (including ID numbers), a clear factual narrative, identification of specific evidence, and a precise prayer for relief (petit). Procedurally, the Czech civil litigation process from filing to first-instance judgment typically takes 12 to 18 months.

Court fees: a significant financial gateway

Court fees in the Czech Republic are calculated as a percentage of the amount in dispute and must be paid upon filing. For commercial claims, the fee is 5% of the claimed amount (for amounts up to 40 million CZK).

If your Ghanaian company is pursuing a claim worth 1 million EUR (approximately 25 million CZK), your court fee is 1.25 million CZK—approximately 50,000 EUR. This fee creates a substantial barrier to entry. If the fee is not paid within the deadline set by the court, the proceedings are stopped.

A lower-cost alternative exists for monetary claims through the Electronic Payment Order (elektronický platební rozkaz) procedure, where the fee is reduced to 4% of the claimed amount.

ARROWS Law Firm conducts preliminary solvency analysis to ensure you are not paying these significant fees to sue a bankrupt entity. This ensures you do not throw good money after bad.

Burden of proof and evidence architecture

A fundamental principle is that Czech courts do not conduct "discovery" in the common law sense. You cannot force the opposing party to hand over internal emails or documents simply to see if they help your case.

Common documentary evidence includes signed contracts, invoices, delivery notes (CMRs), and correspondence. If your dispute involves technical defects, you will likely need a court-appointed expert.

If witness testimony is necessary, you must identify the witnesses by name and address in your initial filings. The court will then summon them; attorneys do not "prep" or cross-examine witnesses in the dramatic style of Anglo-American courts.

The payment order alternative: a faster route for undisputed debts

If your dispute involves a clear monetary debt (e.g., unpaid invoices), Czech procedure offers the Payment Order (platební rozkaz). To obtain a Payment Order, you submit a claim with convincing documentary evidence. The judge reviews this without a hearing.

If the evidence is sufficient, the court issues the Payment Order. The defendant then has 15 days from the date of personal service to either pay the debt plus costs or file a formal Objection (odpor).

If the defendant files an Objection (even a simple one denying the debt without detailed reasoning), the Payment Order is cancelled in its entirety, and the case automatically converts into standard litigation with a full hearing.

However, if the defendant stays silent for 15 days, the Payment Order becomes final and enforceable—equivalent to a court judgment. This route is faster and, in the case of the Electronic Payment Order, cheaper (4% fee). However, it is risky if the defendant is likely to dispute the claim, as you may lose time in the preliminary phase only to end up in standard litigation anyway.

Enforcement: why a favorable judgment is only the beginning

A Czech court judgment is not money in the bank. Enforcement is a separate phase. In the Czech Republic, enforcement is effectively privatized and conducted by Judicial Bailiffs (soudní exekutoři).

Once you have a final judgment (or a valid Payment Order), you must file a designated proposal to commence execution. The bailiff then has broad powers to freeze bank accounts, garnish wages, and seize movable property or real estate.

The costs of enforcement are generally borne by the debtor, but you may be asked to pay a retainer. The process typically takes 6 months to several years, depending on asset liquidity.

Recognition and enforcement of Ghanaian judgments

If you have already obtained a judgment in Ghana, you cannot simply send a bailiff to seize Czech assets. Ghana and the Czech Republic do not have a specific bilateral treaty on the mutual recognition of court judgments.

You must apply to a Czech court for recognition of the Ghanaian judgment. The Czech court will verify that the Ghanaian court had proper jurisdiction and that the defendant was not deprived of the right to be heard.

This adds a layer of complexity and time. It is often strategically better to sue directly in the Czech Republic if the main assets are there, rather than litigating in Ghana and risking non-recognition later.

Common pitfalls and how ARROWS Law Firm helps

Risks and sanctions

How ARROWS helps (office@arws.cz)

Defective documentation causing claim rejection: Missing Apostilles on registry extracts or Powers of Attorney failing to meet Czech statutory requirements.

Pre-filing compliance review: ARROWS lawyers verify all corporate documentation meets Czech standards and the Hague Apostille Convention requirements before filing.

Loss of legal cost reimbursement: Failure to send the mandatory "Pre-litigation Call" (Předžalobní výzva) 7 days before filing under § 142a OSŘ.

Procedural Compliance: We ensure the formal Pre-litigation Call is drafted and sent via registered mail to preserve your right to recover legal fees from the defendant.

Procedural deadline violations: Missing the 3-day cure period for electronic filing defects or the 15-day limit to appeal a Payment Order.

Deadline tracking: ARROWS maintains professional liability insurance and strict deadline management systems connected directly to the court's Data Box network.

High court fees for unrecoverable claims: Paying 5% fees (e.g., 25,000 EUR) to sue a company that is already insolvent or in liquidation.

Pre-litigation solvency analysis: We check the Insolvency Register and other databases to advise whether litigation is commercially sensible before you pay court fees.

Evidence failure: Assuming "discovery" will uncover evidence later.

Evidence audit: We organize your evidence before filing to meet the strict substantiation requirements of Czech civil procedure.

Alternative dispute resolution: arbitration

Ghanaian companies should seriously consider international arbitration. Both Ghana and the Czech Republic are signatories to the 1958 New York Convention.

This means an arbitral award (e.g., from the Court of Arbitration of the Czech Chamber of Commerce or an international body like the ICC) is automatically enforceable in the Czech Republic without a complex re-examination of the merits. However, arbitration is generally more expensive than court litigation and requires a valid arbitration agreement in the contract.

Executive summary for management

  • Jurisdiction: Czech courts have jurisdiction over Czech defendants. Choice-of-court clauses in contracts are valid but must be drafted precisely.
  • Costs: Prepare for a 5% court fee (paid upfront) and translation costs (approx. 20-30 EUR per page).
  • Formalities: A Pre-litigation Call is mandatory for cost recovery. Documentation requires Apostilles.
  • Evidence: There is no discovery. You must possess the evidence when you file.
  • Enforcement: Winning the case is step one. Enforcement is conducted by private bailiffs and takes additional time.
  • Representation: Professional Czech legal representation is practically essential due to the language barrier and formalistic procedure.

Conclusion

Litigating in the Czech Republic as a Ghanaian company requires shifting your mindset from common law flexibility to civil law formalism. The Czech legal framework combines EU regulations and strict domestic procedural rules.

ARROWS Law Firm represents international clients in Czech commercial litigation, ensuring that procedural traps do not undermine substantive rights. We are insured for damages up to CZK 400 million and are experienced in cross-border disputes.

Contact office@arws.cz to schedule a confidential consultation.

1. If I obtain a judgment in a Czech court, am I guaranteed to collect money?
No. You need a solvent defendant. We recommend a preliminary asset check before suing. If the defendant has assets, a private bailiff can seize them effectively.

2. Can I conduct my entire Czech court case in English?
No. The language of the court is Czech. All documents must be translated, and hearings are in Czech. Your attorney will handle the Czech interface while communicating with you in English.

3. Is the "Pre-litigation Call" really mandatory?
It is not mandatory to start the case, but it is mandatory if you want the defendant to pay your legal costs when you win. Without it, you pay your own way.

4. How much time should I budget?
Expect 12–18 months for a first-instance judgment. Enforcement can take another 6+ months.

5. Can I enforce a Ghanaian court judgment in the Czech Republic?
Yes, but it requires a separate "recognition" proceeding under the Act on Private International Law. It is often faster to arbitrate or sue directly in Czechia if the contract permits.

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (office@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.