How can a Nigerian company litigate in the Czech Republic

Mgr. Vojtěch Sucharda
Mgr. Vojtěch Sucharda
23.3.2026 | ARROWS law firm

Navigating Czech courts as a Nigerian business requires understanding a fundamentally different legal system, specific procedural requirements, and jurisdictional rules that don't always align with Nigerian practice. This article provides practical answers to the core questions Nigerian companies face when pursuing legal claims in the Czech Republic.

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When a Nigerian company considers suing in Czech courts, the first critical question is whether Czech courts actually have the authority to hear your dispute. This is not a formality—it's the foundation upon which everything else depends.

Czech jurisdiction operates under a combination of European Union regulations, bilateral agreements, and domestic Czech law (specifically the Act on Private International Law), creating a multi-layered system that requires careful analysis before filing. The default jurisdictional rule is straightforward in principle but complex in application: Czech courts have jurisdiction over defendants domiciled or registered in the Czech Republic, regardless of where your company is based.

Under the Brussels I bis Regulation (Regulation EU No 1215/2012), which harmonizes jurisdiction rules across EU member states, a defendant whose place of business or registered office is in the Czech Republic must generally be sued in Czech courts. For a Nigerian company pursuing claims against a Czech counterpart, this typically means Czech courts will be the correct forum to hear your case.

However, the jurisdiction analysis is significantly more complex in practice than these basic rules suggest. Alternative jurisdictional grounds may apply depending on your contract and the nature of the dispute. In contract disputes, for example, you may also sue in the courts of the place where the disputed obligation was to be performed.

This provision creates tactical flexibility for Nigerian companies—if your contract with a Czech partner specified that services were to be provided in Nigeria, or if goods were to be delivered to Nigeria, you might have jurisdiction arguments that extend beyond the defendant's domicile.

Additionally, if your contract contains a choice-of-court clause explicitly selecting Czech jurisdiction (prorogation of jurisdiction), that agreement is enforceable under Czech law and will override default rules.

The jurisdictional landscape becomes even more nuanced when you consider that Czech courts operate under the principle of "competence-competence" (the court decides on its own jurisdiction) and that multiple jurisdictional bases can sometimes apply simultaneously to the same dispute.

Special jurisdiction rules for matters of intellectual property, unfair competition, and commercial disputes create additional options. Individual steps that seem simple on paper have hidden procedural implications that can derail claims if mishandled. This is precisely why ARROWS Law Firm, a leading Czech law firm based in Prague, European Union, carefully conducts preliminary jurisdictional analysis before Nigerian clients file any claim.

1. If my Czech customer is registered in Brno but operates throughout Europe, which Czech court has jurisdiction over my dispute?
Local jurisdiction is generally determined by the defendant's registered office (for companies). In this scenario, the District Court in Brno (generally Městský soud v Brně) would almost certainly have jurisdiction. However, if your contract specifies a different choice-of-court agreement, that may override the default rule. For a precise jurisdictional analysis tailored to your specific situation, contact ARROWS Law Firm at office@arws.cz.

2. Can a Nigerian company sue in Czech courts without a Czech entity or subsidiary?
Yes. Foreign companies have the same standing to sue in Czech courts as Czech companies. Jurisdiction depends on the defendant's domicile, not yours. However, you must understand Czech procedural rules, specifically regarding the security for costs (though exceptions often apply) and documentation requirements. The solicitors at ARROWS Law Firm represent foreign clients operating in the Czech Republic on a daily basis and can guide you through the process—write to office@arws.cz.

3. My contract with a Czech company doesn't mention which court should hear disputes. Where do I sue?
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 grounds may apply based on where obligations were performed. For a strategic jurisdictional analysis, contact ARROWS Law Firm at office@arws.cz.

Filing your claim: documentation requirements and procedural formality

Once you've confirmed that Czech courts have jurisdiction over your dispute, the next phase involves preparing and filing your claim according to strict Czech procedural requirements. This is where the complexity deepens considerably.

Many foreign companies encounter their first serious procedural obstacles here. Unlike common law jurisdictions that permit relatively informal complaint documents, Czech civil procedure requires a legally structured statement of claim (žaloba).

A Nigerian company filing a claim in Czech courts must first establish its legal capacity to act. Czech courts will reject any claim filed without proper documentation proving that your company exists, is legally registered in Nigeria, and is authorized to pursue the dispute.

You must provide a certified extract from Nigeria's corporate registry (Corporate Affairs Commission) demonstrating your company's legal existence, and a notarized power of attorney authorizing a specific person (attorney) to represent your company in Czech proceedings. This official extract must clearly identify who is legally authorized to act on your behalf. Both documents require translation into Czech by an officially recognized translator and must be apostilled according to the Hague Apostille Convention.

The power of attorney requirement represents a common procedural trap for foreign companies. The Czech procedural framework is characterized by its formality—for entities accustomed to more agile legal systems, this poses substantial risks.

If you submit an unverified or improperly formatted power of attorney, or if the supporting corporate documentation lacks necessary certifications, the court may reject your filing or demand corrections within a short deadline. Such delays increase the risk of your claim becoming time-barred (statute of limitations expiring) before you can refile correctly.

The statement of claim itself must contain specific mandatory elements that differ significantly from Nigerian litigation practice. You must provide precise identification of both parties (including ID numbers/IČO for Czech entities).

Crucially, you must provide a clear statement of the legal and factual basis for your claim, the specific relief sought (petit), and a detailed list of all evidence you rely upon to support each factual allegation.

Unlike systems that permit extensive pre-trial discovery, Czech procedure provides no mechanism for "fishing expeditions" to locate evidence held by the opponent. You must identify and reference your evidence before filing.

This evidence architecture requirement fundamentally changes how Nigerian companies must prepare their cases. You cannot file a general complaint and then hope to develop evidence later.

Instead, the burden of proof rests entirely on you to substantiate your claims with specific, documentary evidence from the outset. The court will form its initial impressions of your claim based on your written submission and supporting documents.

The Czech system also requires payment of court fees when the action is lodged. For monetary claims, the fee is set by the Act on Court Fees. As of 2026, for claims exceeding CZK 20,000, the fee is typically 5% of the amount claimed.

Non-payment of court fees after the court's notice results in the court discontinuing the proceedings entirely, which is why this administrative step carries serious consequences.

1. What is the correct format for a power of attorney when a Nigerian company sues in Czech courts?
The power of attorney must be signed by the statutory representative of the Nigerian company, notarized in Nigeria, and apostilled according to the Hague Apostille Convention. It must be accompanied by a certified extract from your company's corporate registry and a certified Czech translation. The document must explicitly authorize a named representative (an attorney-at-law) to act on your behalf. For assistance with proper documentation, contact ARROWS Law Firm at office@arws.cz.

2. If I file my claim electronically in English with a certified translation, will the Czech court accept it?
All court proceedings, pleadings, and evidence must be submitted in the Czech language. While you may prepare documents in English, only the Czech version is legally operative. The court will not review English-language documents without official Czech translations prepared by recognized court interpreters/translators. To ensure compliance with these requirements, write to ARROWS Law Firm at office@arws.cz.

3. How much time do I have to file my claim before it's time-barred?
This depends on the type of dispute. Most commercial claims are subject to a general subjective statute of limitations of three years under the Czech Civil Code, calculated from the date the right could first be exercised (typically when the debt became due). However, once you file a claim, the limitation period is suspended. If you are uncertain whether your claim is approaching the time limit, contact ARROWS Law Firm at office@arws.cz for immediate advice.

Evidence strategy: building your case before trial

Czech civil procedure operates on an entirely different evidence model than many Nigerian and common law jurisdictions. There is no broad discovery process where the court compels your opponent to produce all internal documents.

Instead, evidence is presented primarily through written submissions and oral hearings where the judge plays an active role. This evidence framework places exceptional demands on Nigerian companies planning Czech litigation.

You must identify, organize, and reference all supporting evidence in your initial claim. Documentary evidence—contracts, invoices, delivery confirmations, correspondence, payment records—forms the foundation of your case.

If you have an original contract, certified invoices showing non-payment, and email correspondence confirming the debt, these documents should be attached to your claim and indexed clearly. The burden of proof (důkazní břemeno) rests strictly on the party making the claim. For a contract dispute, a Nigerian company must prove the existence of a valid contract and performance by your company of obligations under the contract.

You must also prove breach by the Czech defendant, damages resulting from the breach, and causation. The court will not make inferences or fill evidentiary gaps on your behalf. Expert opinions (znalecké posudky) become essential in technical or specialized disputes. If your claim involves allegations about product defects, IT functionality, or construction quality, the court will typically require an expert report.

Judges rely heavily on these independent experts to resolve technical factual disputes. Witness testimony is permitted but carries limitations, as you must identify witnesses in advance and specify what factual matters they will address.

Witnesses generally cannot be compelled to attend if they are not Czech residents, which creates practical challenges for Nigerian companies attempting to bring Nigerian witnesses to Prague.

The practical complexity of evidence strategy extends beyond simply identifying documents. Documents issued in Nigeria must be accompanied by officially certified Czech translations. The lawyers at ARROWS Law Firm understand the practical requirements and can help Nigerian companies organize their evidence portfolio before filing.

Risks and Sanctions

How ARROWS Helps (office@arws.cz)

Incomplete evidence submission: Filing a claim without reference to supporting documents or with vague factual allegations results in immediate credibility loss and court skepticism, often leading to dismissal due to failure to bear the burden of proof.

Evidence architecture planning: ARROWS Law Firm builds a complete evidence strategy before filing, organizing all documents, identifying witnesses, arranging expert reports, and ensuring all evidence is properly translated and referenced to maximize persuasiveness.

Translation and certification errors: Using uncertified translations, English-language documents without Czech translation, or improperly apostilled documents results in the court refusing to consider that evidence, creating gaps in your proof.

Document preparation and certification: ARROWS Law Firm arranges officially certified Czech translations of all foreign documents, manages apostille requirements, and ensures all evidence meets formal procedural standards required by Czech courts.

Failure to identify applicable experts: Technical disputes involving product defects or quality issues without expert reports are significantly weaker, because judges require specialist testimony to substantiate technical allegations.

Expert witness coordination: ARROWS Law Firm identifies qualified Czech experts, coordinates expert reports addressing specific contractual obligations, and manages expert participation in court hearings to strengthen your technical allegations.

Witness unavailability at trial: Nigerian witnesses cannot be compelled to attend Czech hearings physically, and attempting testimony via video-link requires prior court approval and technical setup.

Witness management: ARROWS Law Firm identifies Czech-based witnesses when possible, coordinates technical arrangements for remote testimony, and manages alternative evidence presentations to compensate for witness unavailability.

Understanding Czech court structure and procedural timeline

Before filing your claim, a Nigerian company should understand where exactly in the Czech court system your case will be heard. The Czech Republic operates a multi-instance court system.

For the vast majority of commercial disputes (B2B), the District Courts (okresní soudy) act as the courts of first instance. The Regional Courts (krajské soudy) generally serve as appellate courts for these matters.

The territorial jurisdiction of the district court is determined by the defendant's registered office. If your Czech customer is registered in Prague 4, you would file your claim with the District Court for Prague 4 (Obvodní soud pro Prahu 4).

The procedural timeline from filing to final judgment typically ranges from one year to three years, depending on case complexity and the caseload of the specific court. Statistics generally place Czech courts within a reasonable efficiency range within the EU. However, complex disputes or cases where an appeal is filed can extend significantly longer.

After the district court issues a judgment, either party may file an appeal (odvolání) within 15 days of receiving the written decision. The appeal goes to the Regional Court, which reviews both factual findings and legal conclusions.

If either party is dissatisfied with the appellate decision, an extraordinary appeal (dovolání) to the Supreme Court (Nejvyšší soud) is possible, but strictly limited to questions of law of general importance.

1. After the court issues a judgment against my Czech opponent, how long until I can actually collect payment?
A judgment becomes enforceable once it is final (typically after the appeal period expires). Enforcement then begins through a private bailiff (soudní exekutor). Enforcement itself can take 6 months to several years depending on whether the defendant has identifiable assets. For strategic enforcement planning, contact ARROWS Law Firm at office@arws.cz.

2. Can I proceed with an appeal if the trial court ruled against me?
Yes, appeals are available as of right within 15 days of receiving the written judgment. Appeals succeed in changing outcomes in a significant number of cases, especially where legal interpretation is contested. Representation by a legal professional is highly recommended at this stage. For advice on appeal strategy, write to ARROWS Law Firm at office@arws.cz.

3. How long will Czech court proceedings take before I get a final judgment?
Routine commercial cases typically take 12-18 months to reach a judgment at the first instance. If either party appeals, add another 12-24 months for appellate proceedings. For timeline estimates specific to your dispute, contact ARROWS Law Firm at office@arws.cz.

Cost structure and financial risk management

The financial architecture of Czech litigation differs from Nigerian practice. Czech courts operate under a "loser pays" principle (§ 142 of the Civil Procedure Code), where the unsuccessful party typically reimburses the winning party's reasonable litigation costs.

Court fees are calculated based on the amount in dispute. For monetary claims, fees are approximately 5% of the claimed amount. These fees are payable upon filing. Attorney's fees for the purpose of cost reimbursement are not based on what you actually pay your lawyer, but are calculated according to the "Attorney's Tariff" (Ministry of Justice Decree No. 177/1996 Coll.).

Nigerian companies should be aware that if they lose, they will likely be ordered to pay the opponent's tariff-based legal fees. A critical mandatory step is the pre-litigation call for payment (předžalobní výzva). Under § 142a of the Civil Procedure Code, you must send a written demand for payment to the debtor at their registered address at least 7 days before filing the lawsuit.

If a Nigerian company fails to send this specific pre-litigation notice, even if it wins the dispute on the merits, the court will likely deny the recovery of legal costs. This means the company would bear its own attorney's fees and court costs despite winning. This procedural requirement is strictly enforced.

Risks and Sanctions

How ARROWS Helps (office@arws.cz)

Non-payment of court fees: Failure to pay court fees within the deadline set by the court results in automatic termination of the proceeding.

Cost management: ARROWS Law Firm manages all court fee payments, tracks deadlines, and ensures timely payment to avoid dismissal for administrative failures.

Failure to send pre-litigation demand: Omitting the required written demand (předžalobní výzva) prevents the recovery of legal costs even if you win the case.

Pre-litigation demand preparation: ARROWS Law Firm prepares and sends the required written demand with proper documentation and proof of delivery, protecting the company's right to cost recovery.

Unexpected adverse cost awards: Losing the case means paying the opponent's legal costs.

Cost risk analysis: ARROWS Law Firm provides a clear assessment of litigation risks and potential cost exposure before you file, helping you decide whether to litigate or settle.

Attorney's fees misbudgeting: Foreign companies commonly underestimate Czech legal fees or misunderstand the difference between contractual fees and court-awarded reimbursement.

Transparent cost budgeting: ARROWS Law Firm provides detailed cost estimates and explains the fee structure, ensuring Nigerian clients understand financial commitments.

Enforcement of judgments: from verdict to payment

Obtaining a favorable judgment is a milestone, not the end. Enforcement is a separate legal process. A judgment becomes enforceable once it is "final" and "enforceable" (marked with a doložka právní moci a vykonatelnosti).

Czech law provides for enforcement primarily through private bailiffs (soudní exekutoři). These are state-authorized officials who operate efficiently to recover debts. To initiate enforcement, the Nigerian company must file an enforcement proposal with a chosen bailiff. Before seizing assets, the bailiff generally sends a notice giving the debtor 30 days to pay voluntarily with reduced costs.

The most common methods are freezing bank accounts, seizing movable property, or selling real estate. The bailiff has access to state registers to locate assets (bank accounts, vehicles, real estate). The enforcement process can take from a few months to several years.

The key to success is usually the existence of liquid assets. This is why asset investigation before filing the initial claim is strategically important.

1. Once I win my case in Czech court, is payment automatic?
No. You must file a separate enforcement proposal with a bailiff if the debtor does not pay voluntarily. The bailiff then locates and seizes assets. For enforcement planning, contact ARROWS Law Firm at office@arws.cz.

2. What if the Czech defendant hides assets?
Bailiffs have strong investigative powers and access to central registers of bank accounts and real estate. However, if assets were transferred before enforcement, additional litigation (actio pauliana) might be needed to challenge those transfers. For assistance, write to ARROWS Law Firm at office@arws.cz.

3. Can I enforce a Czech court judgment against a defendant's assets in other EU countries?
Yes. Czech judgments are enforceable throughout the EU under the Brussels I bis Regulation, typically without a separate declaration of enforceability. For multi-jurisdiction enforcement strategy, contact ARROWS Law Firm at office@arws.cz.

Recognition and enforcement of foreign arbitral awards

Arbitration is an alternative to court litigation. Both Nigeria and the Czech Republic are parties to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

For Nigerian companies holding an arbitral award against a Czech entity, enforcement in the Czech Republic is generally possible. The process involves filing a motion for the enforcement of the award with the competent District Court or a private bailiff. The court examines whether the award meets the formal requirements of the New York Convention and whether any grounds for refusal exist.

Unlike foreign court judgments from non-EU/non-treaty countries which require a specific recognition procedure, recognition of New York Convention awards is typically incidental to the enforcement proceeding itself.

Strategic considerations for Nigerian companies

Nigerian companies operating internationally should align their dispute resolution clauses. Choosing Czech courts or arbitration in contracts with Czech partners requires understanding the pros and cons of each.

ARROWS Law Firm helps Nigerian companies develop multi-jurisdiction dispute strategies that account for interconnected contractual relationships and optimize portfolio outcomes.

Executive summary for management

  • Jurisdiction: Verify jurisdiction immediately. Default is the defendant's domicile (Czech Republic).
  • Evidence: No discovery. Prepare all evidence (documents, translations) before filing.
  • Costs: "Loser pays" applies. Send the mandatory pre-litigation notice to secure cost recovery. Budget for court fees (approx. 5%).
  • Formalities: Strict requirements for Power of Attorney (Apostille) and certified translations.
  • Enforcement: Separate process via private bailiffs. Asset checks are crucial.
  • Representation: Professional local counsel is essential due to procedural rigidity.

Conclusion of the article

Litigating in Czech courts as a Nigerian company is feasible but requires navigating a strict procedural environment. Czech courts are reliable but reward meticulous preparation.

ARROWS Law Firm, based in Prague, represents Nigerian and other foreign companies in Czech commercial disputes. The lawyers at ARROWS Law Firm combine in-depth knowledge of Czech law with international experience.

ARROWS Law Firm handles jurisdictional analysis, claim preparation, evidence strategy, and enforcement.

If your Nigerian company is considering Czech litigation, professional legal consultation will clarify your options. Do not hesitate to contact ARROWS Law Firm at office@arws.cz to discuss your specific situation.

1. If my Czech customer has not paid my invoice, which steps must I take before filing a formal lawsuit?
You must send a formal written demand (předžalobní výzva) to the debtor's registered address at least 7 days before filing. Failure to do so prevents you from recovering legal costs. Contact ARROWS Law Firm at office@arws.cz.

2. Can I file my court claim in English?
No. All documents must be in Czech or accompanied by a certified translation.

3. How much will it cost to litigate?
Court fees are approx. 5% of the claim. Attorney's fees depend on complexity. The loser generally pays the winner's costs.

4. How do I know if my claim is viable?
A preliminary legal assessment is necessary to review contracts and evidence. Contact ARROWS Law Firm at office@arws.cz.

5. Can I appeal?
Yes, within 15 days of the judgment.

6. How long does enforcement take?
Typically 6 months to 2 years via a private bailiff.

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.

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