How Albanian Companies Can Bring Disputes Before Czech Courts: An Accessible Guide to Litigation

6.1.2026

When commercial relationships with Czech partners turn into disputes, Albanian companies face a critical jurisdictional question: Can you bring your case before Czech courts, and if so, how? Whether you are an Albanian SME, a corporation with Czech business partners, or an investor dealing with contractual breaches, understanding the pathway to Czech litigation can protect your interests and secure effective remedies. 

Understanding Jurisdiction: When Can Czech Courts Hear Your Dispute?

The jurisdictional framework between Albania and the Czech Republic is built on solid legal foundations. The Agreement between Czechoslovakia and Albania on Legal Assistance in Civil, Family and Criminal Affairs, signed in 1959, remains in force and continues to facilitate cross-border dispute resolution between the two countries. This bilateral treaty significantly simplifies the litigation process by exempting Albanian companies from certain authentication requirements and facilitating mutual recognition of court judgments.

Additionally, both Albania and the Czech Republic are signatories to the Hague Service Convention (1965) and the Hague Apostille Convention (1961), which streamline service of documents and document authentication in cross-border litigation. While Albania is not an EU member state and the Brussels I Recast Regulation does not directly apply to Albanian defendants, these conventions provide a reliable procedural framework for Albanian claimants seeking redress in Czech courts.​

Establishing Czech Court Jurisdiction Over Your Dispute

Czech courts can exercise jurisdiction over disputes involving Albanian companies under several well-defined grounds, each requiring careful legal analysis. Under the Czech Act No. 91/2012 Coll., on International Private Law (Private International Law Act), jurisdiction exists when a court located within the territory of the Czech Republic has local jurisdiction according to procedural regulations. 

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For Albanian companies, the most relevant jurisdiction grounds include:​

1. First, jurisdiction based on the defendant's assets or business activities in the Czech Republic. If your Albanian company's Czech counterpart has property, a branch office, or conducts regular business activities in the Czech Republic, Czech courts will generally have jurisdiction over disputes arising from those activities. This is particularly significant for distribution agreements, franchise arrangements, and investment disputes where the Czech defendant maintains a commercial presence.​

2. Second, contractual jurisdiction clauses provide perhaps the most straightforward path. Parties can agree in their commercial contracts to submit disputes to Czech courts, and such choice-of-court agreements are enforceable under Czech law. For Albanian companies entering into contracts with Czech partners, negotiating a clear jurisdiction clause in favor of Czech courts can eliminate future uncertainty and provide a stable forum for dispute resolution. 

However, it is critical to understand that a jurisdiction clause is distinct from a choice-of-law clause—you may select Czech courts while applying Albanian law, or vice versa, depending on your strategic interests.​

3. Third, jurisdiction based on the place of performance of contractual obligations. In contract disputes, Czech courts may have jurisdiction where the obligation in question should be performed according to the contract. This ground becomes especially relevant in international sales contracts, service agreements, and construction projects where performance occurs wholly or partially in the Czech Republic.​

4. Fourth, voluntary submission to jurisdiction. If the Albanian defendant appears before Czech courts and participates in proceedings without contesting jurisdiction, this constitutes implicit acceptance of Czech jurisdiction. While this may seem procedural, it carries significant strategic implications—early legal advice can help Albanian companies decide whether to contest or accept jurisdiction based on a comprehensive risk assessment.​

It is essential to recognize that these jurisdiction grounds contain numerous exceptions, procedural details, and links to other regulations that laypeople often fail to consider. For example, exclusive jurisdiction rules may override contractual agreements in certain property disputes, and international treaties may impose additional requirements that are not immediately apparent from Czech legislation alone. 

ARROWS handles these jurisdictional analyses daily, significantly reducing your risk of procedural missteps that could derail your case before it even begins. With professional liability insurance covering up to CZK 500 million, ARROWS provides Albanian companies with the security of knowing that their legal matters are handled by experienced professionals who understand both Czech and international procedural law.​

Service of Documents: Navigating the Hague Service Convention

Service of documents is a mandatory procedural step that must be executed correctly to ensure the validity of Czech court proceedings. Because both Albania and the Czech Republic are signatories to the Hague Service Convention, the service process follows established international procedures designed to provide reliability and legal certainty.

When a Czech court needs to serve documents on an Albanian party, the request is transmitted to the Albanian Central Authority—the Albanian Ministry of Justice—which coordinates and oversees international process service requests under the Convention. 

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The requesting party must submit a completed Hague Service Convention request form, and all documents must be translated into Albanian, as this is a strict legal requirement under Albanian procedural law. Failure to provide accurate translations can delay or invalidate the service, resulting in wasted time and increased costs.​

The Albanian Central Authority reviews the request to ensure compliance with the Hague Convention's requirements and then handles delivery to the designated recipient within Albania. After the documents are served, the Albanian Central Authority provides proof of service, which is returned to the Czech court, confirming that the legal process has been completed in compliance with both Albanian and international standards.

The typical timeline for service of documents through the Hague Service Convention is 2 to 4 months, though this can vary depending on the workload of the Albanian Central Authority and the accuracy of the information provided. For Albanian companies initiating litigation in Czech courts, understanding this timeline is critical for planning litigation strategy and meeting procedural deadlines.​

Document Authentication: Simplified by Bilateral Treaty

One significant advantage of the Czech-Albanian bilateral treaty is the exemption from superlegalization (higher authentication) for certain public documents. Under the general rules applicable to non-treaty countries, Czech public documents intended for use abroad must undergo a three-step legalization process: legalization by the Czech Ministry of Justice, legalization by the Czech Ministry of Foreign Affairs, and superlegalization by the embassy of the foreign state. 

However, the bilateral treaty between Albania and the Czech Republic exempts many documents from this cumbersome process, requiring only apostille authentication or, in some cases, no additional authentication beyond the original issuing authority's certification.​

For Albanian companies, this means that presenting evidence from Albanian authorities—such as commercial register extracts, notarial deeds, or corporate resolutions—becomes significantly more straightforward. Nevertheless, all foreign-language documents must still be accompanied by certified translations into Czech, prepared by a court-certified interpreter. 

ARROWS can coordinate the entire document preparation and translation process, ensuring compliance with Czech procedural requirements and avoiding costly delays caused by improperly authenticated or translated documents. Contact us at office@arws.cz for assistance with document preparation.​

Initiating Litigation: The Statement of Claim

Drafting a Compliant Statement of Claim (Žaloba)

The statement of claim (žaloba) is the foundational document that initiates litigation in Czech courts. Under the Czech Code of Civil Procedure (Act No. 99/1963 Coll.), the statement of claim must clearly and precisely state several mandatory elements:​

  • The identities of the claimant (your Albanian company) and the defendant (the Czech party), including their registered addresses and identification numbers;
  • A clear and concise statement of the facts giving rise to the claim, presented chronologically and logically;
  • The specific legal grounds for the claim, referencing applicable Czech law or the governing law specified in the contract;
  • A precise statement of the relief sought, whether monetary compensation, specific performance, declaratory judgment, or preliminary injunction;
  • A list of all evidence relied upon, including contracts, correspondence, invoices, expert reports, and witness testimony;
  • The jurisdictional basis for the Czech court's authority to hear the dispute.

Czech civil procedure places a clear burden of proof on each party to substantiate its claims with specific, documentary evidence from the outset. Unlike Anglo-American jurisdictions, Czech courts do not recognize extensive pre-trial discovery or "fishing expeditions" to locate evidence. 

You must build your case based on the facts and evidence you already possess or can specifically request before filing. This makes thorough preparation and evidence gathering absolutely critical—attempting to introduce new evidence at the appellate stage is generally not permitted except under very limited circumstances.

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The statement of claim must be filed in Czech language, which means that if your Albanian company's internal documents, contracts, or correspondence are in Albanian, English, or another language, certified translations must be prepared. Even seemingly simple translation requirements contain hidden complexities—certain legal terminology must be translated precisely to convey the intended meaning under Czech law, and improper translations can fundamentally alter the legal characterization of your claim.​

For Albanian companies unfamiliar with Czech civil procedure, the risk of filing a deficient statement of claim is substantial. Courts may reject improperly drafted claims, require amendments that delay proceedings, or misinterpret your legal arguments due to translation or drafting errors. 

ARROWS prepares statements of claim daily for foreign clients, and our experience ensures that your case is presented clearly, persuasively, and in full compliance with Czech procedural law. Do not hesitate to contact our firm—office@arws.cz.

The Mandatory Pre-Action Letter: A Critical Procedural Requirement

Before filing a lawsuit in Czech courts, Albanian companies must send a formal pre-action letter, known as a předžalobní výzva, to the defendant at least seven days before filing the claim. This is not merely a courtesy—it is a mandatory legal requirement under the Czech Code of Civil Procedure, and failure to comply can result in the court refusing to award legal costs to the claimant even if the claimant ultimately prevails.​

The pre-action letter serves multiple functions. It provides the defendant with a final opportunity to settle the dispute without litigation, demonstrates the claimant's good faith efforts to resolve the matter amicably, and activates the legal cost-shifting mechanism that makes litigation a financially risky proposition for non-compliant debtors. The letter must clearly state the factual and legal basis of the claim, the amount demanded, and a deadline for payment or performance, typically 7 to 14 days.

For Albanian companies, the pre-action letter also functions as a strategic document. A well-drafted letter, prepared by experienced Czech counsel, can leverage the financial threat of litigation costs to encourage settlement, potentially avoiding the expense and delay of full court proceedings. 

ARROWS drafts pre-action letters that comply with Czech legal requirements while maximizing the strategic pressure on recalcitrant debtors. For immediate assistance, write to us at office@arws.cz.

Understanding Czech Litigation Costs and Timelines

Court fees in the Czech Republic are calculated as a percentage of the claim value, making cost predictability a key consideration for Albanian companies evaluating litigation. The general rule is that the court fee amounts to 5% of the claim value up to CZK 40 million (approximately EUR 1.45 million). For claims exceeding CZK 40 million, the court fee is CZK 2 million (approximately EUR 73,000) plus 1% of the amount exceeding CZK 40 million, with a maximum cap at CZK 4.1 million (approximately EUR 149,000).​

For smaller claims, different fee structures apply. If the monetary performance is lower than CZK 20,000, the court fee is a flat CZK 1,000. For non-monetary claims, such as declaratory judgments or specific performance orders, the court fee is CZK 2,000.​

These court fees must be paid at the time of filing the statement of claim, typically through the purchase of fee stamps (kolky) available at Czech post offices. For foreign companies, coordinating the payment of court fees can present practical challenges—fee stamps must be physically affixed to the statement of claim or paid electronically through the Czech court system's data box (datová schránka) platform.

Legal Representation Costs

In addition to court fees, Albanian companies must budget for legal representation costs. While Czech law does not mandate legal representation in all civil proceedings, the complexity of cross-border litigation, language barriers, and the intricacies of Czech civil procedure make professional legal representation practically essential.​

Hourly rates for Czech attorneys typically range from CZK 2,500 to CZK 5,000 (approximately EUR 95 to EUR 190) depending on the complexity of the case and the seniority of the legal team. Particularly complex cases or legal services provided in foreign languages may command higher rates. However, these costs are not lost—under the Czech cost-shifting principle, the losing party is generally ordered to pay the successful party's costs, including court fees and reasonable legal representation costs.​

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It is important to understand that while the losing party must reimburse legal costs, Czech courts typically award only a portion of the actual costs incurred, based on statutory tariffs rather than actual invoiced amounts. This means that even a successful Albanian claimant may not recover 100% of its litigation expenses, making early settlement negotiations and alternative dispute resolution strategies worth considering. 

ARROWS can provide detailed cost estimates and strategic advice on cost-benefit analysis before you commit to litigation. Need legal help? Contact us at office@arws.cz.

Litigation Timeline: Planning for the Long Term

A commercial lawsuit in Czech courts typically takes 2 to 3 years to reach a final judgment at first instance, depending on the complexity of the case and the court's workload. If either party appeals to the regional court (second instance), the appeal process adds another 2 to 3 years. Further appeals to the Czech Supreme Court can add an additional 2 years, meaning that a fully litigated case proceeding through all levels of appeal can last 6 to 8 years.​

For Albanian companies, this timeline has significant strategic implications. While Czech courts aim to decide cases efficiently, the reality is that complex commercial disputes involving foreign parties, multiple witnesses, expert testimony, and voluminous documentary evidence require substantial time to resolve. Parties should plan their cash flow, business relationships, and strategic objectives with this timeline in mind.

However, several procedural mechanisms can accelerate resolution in appropriate cases. For undisputed monetary claims, the payment order procedure (platební rozkaz) offers a fast-track option that can result in an enforceable judgment within 2 to 6 months if the defendant does not object. Additionally, preliminary injunctions can be obtained within 7 days, providing immediate relief in urgent situations.​

FAQ – Legal Tips About Jurisdiction and Service

1. Can an Albanian company choose Czech courts even if the contract does not contain a jurisdiction clause?

Yes, in certain circumstances. If the Czech defendant has assets or conducts business activities in the Czech Republic, or if the contractual obligation was to be performed in the Czech Republic, Czech courts may have jurisdiction even without an explicit contractual clause. However, the analysis is complex and depends on the specific facts and applicable treaties. ​

2. What happens if the Czech defendant challenges the jurisdiction of Czech courts?

The defendant can file a jurisdictional objection, and the Czech court must resolve this issue before proceeding to the merits. The court will examine whether any of the jurisdictional grounds are satisfied under Czech private international law, applicable treaties, and EU regulations (if relevant). ​

3. How long does service of documents take from Czech Republic to Albania?

Service through the Hague Service Convention typically takes 2 to 4 months, depending on the workload of the Albanian Central Authority and the accuracy of the information provided. All documents must be translated into Albanian, which adds additional time for preparation. ​

Fast-Track Procedures: The Payment Order (Platební Rozkaz)

For Albanian companies seeking to recover undisputed debts from Czech debtors, the payment order procedure (platební rozkaz) is the most powerful and efficient tool available in the Czech legal system. This streamlined, document-based judicial process allows a Czech court to issue a binding payment order without holding a formal hearing, based solely on the documentary evidence submitted by the creditor.​

The payment order procedure is available when the claim is for a specific, liquidated monetary amount and is based on clear documentary evidence such as unpaid invoices, promissory notes, bills of exchange, or written contracts. The court reviews the creditor's application and supporting documents and, if satisfied that the claim is well-founded, issues the platební rozkaz within a matter of weeks.​

The payment order is then served on the Czech debtor, who has 15 days from the date of delivery to either pay the full amount or file a formal objection (odpor). If the debtor takes no action within this 15-day period, the payment order automatically becomes a final and legally enforceable judgment, equivalent to a full court verdict. This means that the Albanian creditor can proceed directly to enforcement (exekuce) without further litigation.​

The Risk: What Happens If the Debtor Objects?

The payment order procedure contains a significant vulnerability: a simple objection from the debtor automatically cancels the payment order in its entirety, and the case is transferred to ordinary civil proceedings. The debtor does not need to provide any substantive justification for the objection at this stage—merely filing the objection is sufficient to nullify the payment order.​

This creates a strategic dilemma. On one hand, the payment order procedure offers speed and efficiency when the debtor does not contest the claim. On the other hand, if the debtor objects, the Albanian creditor has effectively lost time and must start over with a full statement of claim in ordinary proceedings. 

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For this reason, ARROWS carefully evaluates whether the payment order procedure is appropriate based on the debtor's financial situation, prior conduct, and likelihood of contesting the claim. Get tailored legal solutions by writing to office@arws.cz.

Preliminary Injunctions: Securing Your Position Before Final Judgment

One of the most distinctive features of Czech civil procedure is the availability of rapid preliminary injunctions (předběžné opatření), which can be obtained within 7 calendar days—including weekends and public holidays. This exceptionally fast timeline makes the Czech Republic one of the most attractive jurisdictions in Europe for claimants seeking urgent relief to preserve the status quo, prevent irreparable harm, or secure assets before final judgment.​

Preliminary injunctions are particularly important in cross-border disputes where there is a risk that the defendant will dissipate assets, transfer property to third parties, destroy evidence, or take other actions that would make any eventual judgment unenforceable. 

For Albanian companies litigating against Czech defendants, a preliminary injunction can freeze bank accounts, prevent the sale of real estate or equipment, prohibit the defendant from transferring shares, or impose other interim measures to protect the claimant's interests.​

The Ex Parte Nature of Czech Preliminary Injunction Proceedings

Czech preliminary injunction proceedings are conducted entirely ex parte, meaning the court decides on the request without hearing or even notifying the defendant in advance. The court relies solely on the applicant's submission, and the defendant receives no prior warning or opportunity to present counter-arguments. 

This ex parte approach is exceptional compared to most other European jurisdictions, where preliminary injunction proceedings are typically inter partes, involving hearings and submissions from both parties.

For Albanian claimants, this means that a well-prepared application for a preliminary injunction can result in immediate court-ordered relief before the Czech defendant even knows that proceedings have commenced. However, the ex parte nature also places a heavy burden on the applicant to provide compelling evidence and legal arguments, as the court has no opposing perspective to consider.​

To obtain a preliminary injunction, the Albanian claimant must demonstrate two key elements:​

1. Likelihood of success on the merits. The claimant must show that there is a substantial probability that the underlying claim will succeed when the case is fully litigated. This requires presenting documentary evidence, witness statements, expert opinions, or other materials that make the claim credible and legally sound.

2. Urgency. The claimant must demonstrate that there is a risk of irreparable harm if the injunction is not granted immediately, or that circumstances justify interim regulation of the parties' relationships pending final judgment. While the urgency requirement exists, Czech courts apply it with considerable discretion and do not impose strict deadlines for filing preliminary injunction applications.​

Security Deposit: Financial Safeguards

The claimant is required to pay a security deposit to cover potential damages should the preliminary injunction ultimately prove unjustified when the main proceedings conclude. 

The standard security deposit is approximately CZK 50,000 (approximately EUR 2,000) in most cases, though courts have discretion to increase this amount substantially depending on the value of the underlying claim and the nature of the injunction sought. In commercial disputes, the security deposit may be set at CZK 10,000 or CZK 50,000 depending on the circumstances.

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For Albanian companies, the security deposit represents a manageable financial risk compared to the potential benefits of securing assets or preventing harmful conduct before final judgment. However, it is essential to understand that if the preliminary injunction is later found to be unjustified, the defendant can claim damages from the security deposit, and the claimant may be liable for additional damages beyond the deposit amount. 

This makes it critical to seek expert legal advice before applying for a preliminary injunction. ARROWS evaluates the strength of your case and the strategic value of preliminary relief, ensuring that you make informed decisions that protect your commercial interests. For immediate assistance, write to us at office@arws.cz.​

Jurisdictional and Procedural Risks

Risks and Penalties

How ARROWS Helps (office@arws.cz)

Incorrect jurisdictional analysis leading to dismissal of claim – Filing in a court that lacks jurisdiction wastes time, money, and may trigger statute of limitations issues.

Jurisdictional analysis and legal opinions – ARROWS analyzes bilateral treaties, international conventions, and Czech private international law to determine the proper forum. 

Deficient statement of claim rejected by court – Improperly drafted claims that fail to meet Czech procedural requirements are rejected, delaying proceedings and increasing costs.

Drafting of statements of claim and court filings – ARROWS prepares court filings in Czech language that comply with all procedural requirements and present your case persuasively. 

Failure to serve documents correctly under Hague Service Convention – Improper service can invalidate proceedings, forcing you to restart the entire process.

Coordination of international service of process – ARROWS manages service through the Hague Service Convention, ensuring proper translation, authentication, and compliance with Albanian and Czech requirements.

Missing or improper translations of documents – Albanian or English documents without certified Czech translations are inadmissible, and improperly translated documents can fundamentally alter the legal characterization of your claim.

Coordination with certified court interpreters – ARROWS works with accredited Albanian-Czech court interpreters to prepare legally precise translations.

Failure to send mandatory pre-action letter (předžalobní výzva) – Omitting this mandatory step can result in the court refusing to award legal costs even if you win.

Preparation of pre-action demand letters – ARROWS drafts legally compliant pre-action letters that maximize settlement pressure and preserve your right to cost recovery.

Evidence and Procedure: What Albanian Companies Must Know

Czech civil procedure places the burden of proof squarely on each party to substantiate its claims and defenses with specific, credible evidence. Unlike common law jurisdictions, Czech courts do not conduct extensive pre-trial discovery or allow parties to engage in "fishing expeditions" to locate evidence. 

You must present your evidence at the outset of proceedings, and the court will evaluate it according to the principle of free evaluation of evidence, giving the judge wide discretion in assessing the weight and credibility of documents, witnesses, and expert testimony.​

This procedural reality has profound implications for Albanian companies. Before filing a claim in Czech courts, you must gather and organize all relevant evidence, including:

  • Contracts and amendments, with certified Czech translations if the originals are in Albanian or another language;​
  • Correspondence between the parties (emails, letters, faxes, instant messages) that demonstrate the parties' intentions, agreements, and disputes;
  • Invoices, payment records, and financial documents establishing the amounts owed and the parties' financial relationship;
  • Delivery notes, bills of lading, and shipping documents proving performance or non-performance of contractual obligations;
  • Witness statements from employees, managers, or third parties with direct knowledge of the facts;
  • Expert reports on technical, financial, or industry-specific issues that require specialized knowledge to evaluate.

Each piece of evidence must be specifically identified in the statement of claim, and the court will request the parties to produce the evidence during hearings or through written submissions. While Czech courts can order a party or third party to produce specific documents necessary for the proceedings, this power is exercised narrowly and does not replicate the broad discovery obligations of Anglo-American litigation.​

For Albanian companies unaccustomed to Czech evidentiary standards, the risk of presenting insufficient or improperly formatted evidence is substantial. ARROWS works with clients to conduct thorough evidence audits before filing, identifying gaps, securing additional documentation, and preparing evidence in a format that maximizes its persuasive impact on Czech judges. Do not hesitate to contact our firm—office@arws.cz.

Document Authentication: Apostille, Superlegalization, and Bilateral Treaty Exemptions

All public documents issued by Albanian authorities and submitted as evidence in Czech courts must be properly authenticated to be admissible. The authentication process depends on whether Albania and the Czech Republic are parties to relevant international treaties:

1. Apostille authentication under the Hague Apostille Convention. Since both countries are parties to the Hague Apostille Convention, most Albanian public documents (such as commercial register extracts, notarial deeds, court decisions, and certificates issued by Albanian authorities) can be authenticated with an apostille stamp, which is a simplified single-step authentication process. The apostille is issued by the Albanian competent authority and confirms that the document is genuine.​

2. Exemption from authentication under the Czech-Albanian bilateral treaty. The Agreement between Czechoslovakia and Albania on Legal Assistance in Civil, Family and Criminal Affairs provides that certain documents used by courts are exempt from legalization or apostillization. 

This exemption significantly reduces administrative burdens for Albanian companies litigating in Czech courts, as judicial documents and certain other public documents can be submitted with only a certified translation into Czech.​

3. Certified translations. Regardless of the authentication method, all foreign-language documents must be accompanied by certified translations into Czech prepared by a court-certified interpreter. The Czech court will not accept documents in Albanian, English, or any other language without a certified Czech translation, and improper translations can fundamentally alter the legal meaning and admissibility of evidence.​

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ARROWS coordinates the entire document authentication and translation process, working with Albanian and Czech authorities, accredited interpreters, and notaries to ensure that your evidence is admissible and legally effective in Czech courts. Get tailored legal solutions by writing to office@arws.cz.

Evidence, Translation, and Procedural Compliance Risks

Risks and Penalties

How ARROWS Helps (office@arws.cz)

Insufficient evidence leading to dismissal of claim – Czech courts require documentary proof from the outset. Failure to present adequate evidence results in losing the case, even if your factual allegations are true.

Evidence audit and case preparation – ARROWS reviews your documentation, identifies evidentiary gaps, and advises on securing additional evidence before filing. 

Improperly authenticated Albanian public documents inadmissible as evidence – Albanian documents without apostille or proper authentication under bilateral treaties are rejected by Czech courts.

Document authentication coordination – ARROWS manages apostille procedures, bilateral treaty exemptions, and coordination with Albanian authorities to ensure your evidence is admissible.

Inaccurate or uncertified translations of evidence – Translations not prepared by court-certified interpreters are inadmissible, and inaccurate translations can fundamentally alter the legal meaning of your evidence.

Certified translation services – ARROWS works with accredited Albanian-Czech court interpreters to prepare legally precise translations. 

Failure to present all evidence at first instance – Czech procedural law generally does not permit new evidence to be introduced on appeal, meaning evidentiary deficiencies at trial cannot be cured later.

Comprehensive trial preparation – ARROWS ensures that all evidence is identified, authenticated, translated, and presented at the first-instance trial, maximizing your chances of success.

Missing procedural deadlines for submitting evidence – Courts set strict deadlines for evidence submission, and late submissions may be excluded, weakening your case.

Procedural deadline management – ARROWS tracks all court deadlines and ensures timely submission of evidence, motions, and responses. 

Enforcement of Czech Judgments: Turning Legal Victory Into Payment

Obtaining a favorable judgment from a Czech court is a critical victory, but it is not the final step. To turn that legal document into actual payment, the Albanian creditor must initiate the enforcement process, known in Czech as exekuce. Czech law provides two enforcement mechanisms:​

1. Judicial enforcement, where the court and its employees execute the judgment. This option has historically proven ineffective in terms of both time and results, with proceedings often lasting several years.

2. Private bailiff (exekutor) enforcement, where the creditor appoints a private bailiff authorized by the court to execute the judgment. This has become the preferred enforcement method because private bailiffs have broad powers to identify and seize debtor assets, and they are financially motivated to achieve results quickly.

Czech bailiffs have extensive powers to enforce judgments, including:

  • Freezing and seizing funds from bank accounts;
  • Placing liens on and forcing the sale of real estate;
  • Seizing and selling vehicles and other movable property;
  • Garnishing wages and other income;
  • Seizing shares in companies;
  • Suspending the debtor's driving license as a pressure tactic.

The enforcement process begins when the Albanian creditor submits an enforcement proposal to a Czech bailiff, providing the enforceable title (the court judgment or uncontested payment order), information about the debtor, and any known details about the debtor's assets. The bailiff then actively searches for property, bank accounts, and other sources of value, making this an effective final stage of recovery.​

The cost of private bailiff enforcement is calculated based on the amount recovered, ranging from 1% to 15% of the enforced amount according to the Executor Tariff. If the debtor does not object to the enforcement, the process can take approximately six months. However, if the debtor raises objections or challenges the enforcement in court, the process can extend to several years.​

Enforcing Albanian Judgments in the Czech Republic

For Albanian companies that have already obtained a judgment from an Albanian court, the question becomes: Can this judgment be enforced in the Czech Republic? The answer is yes, subject to the recognition requirements under Czech private international law and the Czech-Albanian bilateral treaty.​

Under the Czech Act No. 91/2012 Coll., on International Private Law, a foreign judgment (including an Albanian judgment) can be recognized and enforced in the Czech Republic if:​

  • The judgment has become final and legally binding in Albania, confirmed by the Albanian court or competent authority;
  • The matter does not fall under the exclusive jurisdiction of Czech courts;​
  • No proceedings concerning the same legal matter are pending before Czech courts or have already resulted in a final Czech judgment;
  • The Albanian defendant was not deprived of the ability to participate in the Albanian proceedings due to lack of proper service or other due process violations;​
  • Recognition of the Albanian judgment would not contravene Czech public order (ordre public).

The Czech-Albanian bilateral treaty significantly facilitates recognition by providing that judgments from Albanian courts in civil and family matters are recognized in the Czech Republic under simplified procedures. However, recognition is not automatic—the Albanian creditor must obtain a declaration of recognition from a Czech court before enforcement can begin.​

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ARROWS represents foreign clients in recognition and enforcement proceedings daily, navigating the complex requirements under Czech private international law and bilateral treaties. We handle the entire process, from preparing the recognition application and translating the Albanian judgment, to representing the creditor before Czech courts and coordinating with bailiffs for enforcement. 

For Albanian companies with judgments requiring enforcement in the Czech Republic, ARROWS provides comprehensive cross-border enforcement services. Need legal help? Contact us at office@arws.cz.

Alternative Dispute Resolution: Arbitration as a Strategic Option

While this article focuses on litigation before Czech courts, Albanian companies should be aware that arbitration offers a powerful alternative for resolving commercial disputes with Czech partners. Arbitration is a private dispute resolution process where the parties agree to submit their dispute to one or more arbitrators, who issue a binding arbitral award.

Arbitration offers several advantages over court litigation:​

  • Speed: Arbitration proceedings are generally faster than court litigation, with most international arbitrations resolved within 12 to 24 months.
  • Confidentiality: Arbitration proceedings and awards are private and not publicly accessible, protecting business confidentiality.
  • Party autonomy: The parties can choose the arbitrators, the procedural rules, the place of arbitration, and the applicable law, providing greater control over the process.
  • Enforceability: Arbitral awards are enforceable internationally under the New York Convention (1958), to which both Albania and the Czech Republic are parties, making enforcement easier than court judgments in many jurisdictions.

The Arbitration Court attached to the Economic Chamber of the Czech Republic is the principal arbitration institution in the Czech Republic and handles international disputes, including disputes involving Albanian companies. Many Albanian companies prefer international arbitration under the rules of the International Chamber of Commerce (ICC), which is widely accepted and provides a neutral forum.​

For arbitration to be available, the parties must have an arbitration agreement—either a clause in their commercial contract or a separate agreement to arbitrate after a dispute arises.

If your commercial contract with a Czech partner does not contain an arbitration clause, and you wish to avoid Czech court litigation, ARROWS can help negotiate a post-dispute arbitration agreement or represent you in arbitration proceedings. Do you need contract drafting or arbitration representation? Contact us at office@arws.cz.​

Enforcement and Strategic Risks

Risks and Penalties

How ARROWS Helps (office@arws.cz)

Judgment obtained but debtor dissipates assets before enforcement – Winning a judgment is meaningless if the debtor transfers property, liquidates companies, or hides assets before the bailiff can seize them.

Preliminary injunctions to freeze assets – ARROWS applies for urgent preliminary injunctions to freeze bank accounts, prevent asset transfers, and secure your position before final judgment.

Delay in initiating enforcement allows debtor to become judgment-proof – Time is critical in enforcement. Delays give the debtor opportunities to hide or dissipate assets.

Rapid enforcement coordination – ARROWS works with experienced Czech bailiffs to initiate enforcement immediately after judgment, maximizing recovery.

Albanian judgment not recognized in Czech Republic due to procedural deficiencies – Czech courts may refuse to recognize Albanian judgments if due process requirements were not met or if the judgment contravenes Czech public order.

Recognition and enforcement of foreign judgments – ARROWS represents Albanian creditors in recognition proceedings, preparing applications, translating judgments, and arguing before Czech courts.

Debtor challenges enforcement in Czech courts, causing delays and additional costs – Debtors can file objections and challenges to enforcement, prolonging the process and increasing legal costs.

Defense of enforcement proceedings – ARROWS defends enforcement actions against debtor challenges, ensuring that your enforceable title is protected and executed efficiently.

Statute of limitations expires before enforcement is completed – Czech law imposes limitation periods, and failure to act within these periods can render your claim unenforceable.

Statute of limitations monitoring – ARROWS tracks limitation periods and ensures timely action to preserve your rights.

Why ARROWS Is Your Strategic Partner for Czech Litigation

ARROWS law firm, a leading Czech law firm based in Prague, European Union, has extensive experience representing foreign clients in Czech court proceedings. Our English-speaking lawyers combine deep knowledge of Czech civil procedure, international private law, and bilateral treaties with practical experience handling disputes involving Albanian companies and other foreign entities operating in the Czech Republic.​

We understand that cross-border litigation is not merely a legal exercise—it is a business challenge with financial, reputational, and strategic implications. ARROWS handles this agenda daily, which can significantly reduce your time commitment and minimize the risk of costly errors that could derail your case or result in unfavorable outcomes. 

Our lawyers are regular partners of corporate legal departments for handling specialized cross-border matters, and we work seamlessly with your in-house counsel or Albanian lawyers to provide coordinated, efficient legal services.​

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Comprehensive Services Tailored to Albanian Companies

ARROWS provides a full range of litigation services for Albanian companies bringing disputes before Czech courts:

  • Jurisdictional analysis and strategic advice – We evaluate whether Czech courts have jurisdiction, analyze applicable bilateral treaties and international conventions, and advise on the most advantageous forum for your dispute.
  • Pre-litigation negotiation and demand letters – We draft legally compliant pre-action letters (předžalobní výzva) that maximize settlement pressure and preserve your right to cost recovery.
  • Drafting of statements of claim and court filings – We prepare all court filings in Czech language, ensuring compliance with procedural requirements and presenting your case persuasively.
  • Evidence preparation and translation coordination – We conduct evidence audits, coordinate apostille and authentication procedures, and work with accredited court interpreters to prepare legally precise Czech translations.
  • Representation before Czech courts – We represent you in all court proceedings, from first-instance trials through appeals to the Czech Supreme Court.
  • Preliminary injunctions and interim measures – We apply for urgent preliminary injunctions to freeze assets, prevent harmful conduct, and protect your interests before final judgment.
  • Recognition and enforcement of foreign judgments – We handle recognition of Albanian judgments in Czech courts and coordinate enforcement through Czech bailiffs.
  • Arbitration representation – If your dispute is subject to arbitration, we represent clients before Czech and international arbitration tribunals.
  • Professional training and legal opinions – We provide training for your management and legal teams on Czech litigation procedures, and issue legal opinions on specific jurisdictional or procedural questions.

ARROWS is insured for damages up to CZK 500 million, providing Albanian companies with the security of knowing that their legal matters are handled by professionals with comprehensive liability coverage. We operate in 90 countries globally through the ARROWS International network, and we support over 150 joint-stock companies, 250 limited liability companies, and 51 municipalities and regions. 

Our speed and high quality are recognized throughout Central Europe, and we are known for our ability to connect clients with one another when business or investment interests align.

If you have innovative business ideas or investment opportunities related to your Czech operations, ARROWS welcomes those discussions. We are more than legal advisors—we are strategic partners committed to your success in the Czech market.

Conclusion: The Path Forward for Albanian Companies

Bringing a commercial dispute before Czech courts requires navigating complex jurisdictional rules, bilateral treaties, procedural requirements, and evidentiary standards that are unfamiliar to most foreign companies. While the legal framework is accessible and the Czech judiciary is professional and impartial, the procedural and linguistic barriers are real and can result in significant financial and strategic risks for Albanian companies that attempt to litigate without experienced Czech legal counsel.​

This article has provided specific answers to the key questions Albanian companies face: When do Czech courts have jurisdiction? How are documents served under the Hague Service Convention? What are the cost and timeline considerations? What procedural mechanisms—such as payment orders and preliminary injunctions—can accelerate or protect your interests? How are judgments enforced? 

Throughout this discussion, a recurring theme has emerged: the individual steps that appear straightforward on the surface contain hidden exceptions, procedural details, links to other regulations, and risks that laypeople often fail to recognize until it is too late.​

get in touch with us,
we’ll take care of it for you

ARROWS law firm, a leading Czech law firm in Prague, European Union, handles cross-border litigation involving Albanian companies on a daily basis. Our experience allows us to identify risks before they materialize, navigate procedural complexities efficiently, and present your case in a manner that maximizes your likelihood of success. With professional liability insurance covering up to CZK 500 million, ARROWS provides Albanian companies with the confidence that their legal matters are managed by professionals who understand both the letter of the law and the practical realities of Czech courts.

If you do not want to risk procedural errors, missed deadlines, inadmissible evidence, or unfavorable judgments, you can safely leave the entire matter to ARROWS—just contact the office at office@arws.cz. Whether you are seeking to recover unpaid debts, enforce contractual obligations, protect intellectual property, or resolve complex commercial disputes, ARROWS is your strategic partner for Czech litigation. We combine legal excellence with practical business insight, ensuring that your litigation strategy aligns with your broader commercial objectives.

For immediate assistance with bringing your dispute before Czech courts, contact ARROWS at office@arws.cz. Our English-speaking lawyers are ready to provide tailored legal solutions that protect your interests and secure effective remedies in the Czech Republic.

FAQ – Most Common Legal Questions About Litigation in Czech Courts

1. How much does it cost to litigate a commercial dispute in Czech courts?

The total cost depends on the value of the claim, the complexity of the case, and the duration of proceedings. Court fees are 5% of the claim value up to CZK 40 million, with a maximum fee of CZK 4.1 million. Legal representation costs typically range from CZK 2,500 to CZK 5,000 per hour. The losing party generally pays the winning party's costs, but only a portion of actual costs is usually recoverable under statutory tariffs. 

2. Can an Albanian company represent itself in Czech courts without hiring a Czech lawyer?

Czech law does not mandate legal representation in all civil proceedings, but the complexity of Czech civil procedure, language barriers, and the requirement for all court filings to be in Czech make professional legal representation practically essential. Foreign lawyers can participate but must appoint a Czech lawyer as a consultant in procedural matters. 

3. How long does it take to obtain a judgment in Czech courts?

A typical commercial lawsuit takes 2 to 3 years to reach a final judgment at first instance, with an additional 2 to 3 years for appeals. For undisputed monetary claims, the payment order procedure (platební rozkaz) can result in an enforceable title within 2 to 6 months if the debtor does not object. Preliminary injunctions can be obtained within 7 days. ARROWS evaluates the fastest procedural path for your specific case and advises on strategic options to minimize delay. For tailored legal solutions, write to office@arws.cz.​

4. What happens if the Czech defendant does not respond to the lawsuit?

If the defendant fails to file a statement of defense within the deadline provided by the court (typically at least 30 days), the court may issue a default judgment based on the claimant's allegations and evidence. The defendant can later move to set aside the default judgment if they can demonstrate that the failure to respond was due to excusable circumstances, but this is a high burden to meet. ​

5. Can a Czech court judgment be enforced against assets in Albania?

Yes, subject to Albanian recognition and enforcement procedures. The Czech-Albanian bilateral treaty facilitates mutual recognition of court judgments, and a final Czech judgment can be recognized and enforced by Albanian courts under the Albanian Civil Procedure Code (Articles 393-399). However, the Albanian creditor must apply to an Albanian appellate court for recognition, which reviews whether any grounds for refusal exist (such as lack of jurisdiction, due process violations, or contravention of Albanian public order). ​

6. Is there a risk that the Czech court will apply Albanian law instead of Czech law?

The applicable law (governing the substance of the dispute) is distinct from jurisdiction (which court hears the case). Czech courts will apply the law specified in the contract's choice-of-law clause, or, if no choice-of-law clause exists, the law determined by Czech private international law conflict-of-law rules. Parties can agree that Czech courts will apply Albanian law, or that Albanian courts will apply Czech law, depending on their strategic interests. 

get in touch with us,
we’ll take care of it for you