How to Start Litigation in the Czech Republic as a Korean Business: Legal Steps Explained

23.2.2026 | ARROWS law firm

For Korean companies operating in the Czech Republic, understanding how to initiate a lawsuit is essential for protecting business interests. The Czech civil litigation system differs fundamentally from Korean procedures, featuring specific rules on evidence and jurisdiction. This guide walks you through the critical steps for filing a lawsuit and meeting strict procedural deadlines.

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Article contents

Gathering your evidence before filing
Filing your claim electronically
The payment order procedure (platební rozkaz)
The hearing process and evidence presentation in Czech courts
Understanding contractual penalties and their enforcement in Czech disputes

Understanding Czech court jurisdiction and competence

Before filing any lawsuit in the Czech Republic, you must first determine which court has authority to hear your case. This is not a simple matter, and many foreign businesses make costly mistakes at this preliminary stage by filing in the wrong court.

The district courts (okresní soud) handle the vast majority of civil and commercial disputes at first instance. While previously some commercial matters were handled by regional courts, recent legislative changes have shifted most standard commercial litigations to the district courts.

However, specific specialized agendas, such as certain intellectual property disputes, competition law, or corporate status matters, still fall under the jurisdiction of regional courts (krajský soud).

Territorial jurisdiction typically depends on where the defendant is located or where the disputed event occurred. The general court (obecný soud) of the defendant has jurisdiction unless your contract contains a valid choice-of-court clause specifying a different venue.

For foreign companies without a permanent Czech presence, determining the correct court requires careful analysis of where the defendant conducts business in the Czech Republic. If you have an agreement with your Czech business partner that specifies arbitration, you cannot file in court.

The lawyers at ARROWS Law Firm will analyze your specific situation, your contract terms, and the defendants' locations to ensure you file in the correct court and avoid months of procedural delays.

Gathering your evidence before filing

One of the most important differences between Korean and Czech litigation is that Czech courts do not have broad pre-trial discovery mechanisms like those in American proceedings. You cannot force your opponent to disclose internal documents before the trial begins.

Instead, the Czech system operates on the principle of "concentration of proceedings," which strictly limits when evidence can be submitted. This means that if you plan to sue for breach of contract, you should gather and organize your documentary evidence ideally before you file your claim.

While the law technically allows submitting evidence up until the end of the first hearing, experienced litigators adopt a "front-loaded" approach. The burden of proof (důkazní břemeno) falls entirely on you as the claimant to prove every fact you allege.

If you fail to present evidence to support your claims, the court will likely rule against you. Under the principle of free evaluation of evidence, judges assess the credibility and weight of documents based on their own judgment.

For Korean companies, this requirement often comes as a surprise. If your evidence is incomplete, the court may invoke the concentration principle after the first hearing, prohibiting you from submitting new evidence later in the process.

The solicitors at ARROWS Law Firm regularly work with Korean businesses to prepare litigation-ready evidence packages, reducing the risk of procedural errors and ensuring that your case is presented in the format Czech courts expect.

Preparing your statement of claim (žaloba)

When you are ready to file your lawsuit in the Czech Republic, you will submit a formal document called a motion to initiate proceedings, or žaloba. Czech courts do not use prescribed forms for this document, but they do require specific legal particulars.

The statement of claim must contain general particulars, such as the name of the court, parties involved, and a clear description of what the case concerns. It must also be signed and dated.

The special particulars go deeper: they must include the names and addresses of the parties, details of any legal representatives, and a thorough description of the main facts supporting your claim. You must also clearly indicate what specific relief you seek (the "petit").

This requirement is fundamentally different from Korean procedure and reflects the Czech system's emphasis on early clarity. When the Czech court receives your statement of claim, it will form an initial impression of the strength of your case based on this document alone.

Korean businesses often struggle with this requirement because Czech legal pleadings are structured differently from Korean court filings. A Czech statement of claim is a legally precise document organized around facts, evidence, and legal claims in a logical sequence.

The lawyers at ARROWS Law Firm have extensive experience preparing statements of claim for foreign companies and understand how to structure evidence and legal arguments in the format Czech courts require.

Filing your claim electronically

The Czech Republic utilizes a mandatory electronic communication system for legal entities, known as the Data Box (datová schránka). This system is crucial for Korean companies managing disputes regarding their Czech subsidiaries.

If you submit your claim by ordinary email without a recognized qualified electronic signature, it is considered incomplete and must be cured within three days. The standard method for businesses is filing via the Data Box.

Filing your claim also triggers your obligation to pay the court fee (soudní poplatek). For claims up to CZK 20,000, the fee is CZK 1,000, while for larger money claims, the fee is calculated at 5% of the claimed amount.

For Korean companies, the Data Box requirement creates operational risks. A Korean director managing a Czech subsidiary from Seoul might not check the Data Box regularly.

ARROWS Law Firm will handle your electronic filing, monitor all court communications on your behalf, and ensure that no critical deadlines are missed.

Understanding court fees and the financial cost of litigation

Court fees in Czech civil proceedings are mandatory administrative costs set by Czech law. Beyond the court fee itself, you must also budget for other costs associated with litigation, including legal representation and translation costs.

Importantly, the unsuccessful party in a lawsuit typically must pay the successful party's legal costs, including the reimbursement of lawyer fees. This reimbursement is not based on your actual legal bills, but is calculated according to a statutory "advocate's tariff."

For Korean businesses, the financial implications are significant. A complex commercial dispute involving multiple documents, experts, and international service of documents entails distinct costs.

The experts at ARROWS Law Firm have handled hundreds of commercial disputes and understand how to structure litigation strategy to manage costs effectively.

The payment order procedure (platební rozkaz)

For many Korean businesses in the Czech Republic, the payment order procedure offers a faster route to debt recovery. This is a simplified process designed for clear-cut monetary claims.

If the judge is convinced that your claim is justified based on the evidence provided, the court issues a payment order without holding a hearing. The defendant then has 15 days from the date of service to file a formal objection (odpor).

However, strict rules apply to service. A payment order must be served into the "own hands" of the defendant. If the defendant is a foreign entity without a Data Box and service abroad fails, the payment order is cancelled.

ARROWS Law Firm can serve as your Czech representative, monitoring all court notices and ensuring that critical deadlines in payment order proceedings are never missed.

Serving documents on your opponent

Once you have filed your lawsuit, the Czech court must serve the claim on the defendant. If your defendant is a Korean company based in Korea, service is governed by the Hague Service Convention.

When serving a defendant in Korea, the Czech court submits a request to the Korean Central Authority, a process that typically takes several months. It is the legally required method for serving documents on Korean defendants to ensure the judgment is enforceable.

For Korean companies that have established Czech subsidiaries, documents are served on the subsidiary's registered office via the Data Box system. Ensuring reliable notification systems for your Czech entity is essential to avoid default judgments.

ARROWS Law Firm has extensive experience with cross-border service of documents and can coordinate service through the Ministry of Justice Central Authority.

The hearing process and evidence presentation in Czech courts

After the defendant files a defense, the court may schedule a preliminary hearing to organize the proceedings or proceed directly to a trial hearing. The judge leads the hearing, questioning parties and witnesses.

Unlike Korean or Anglo-American litigation, Czech trial procedure does not involve aggressive cross-examination by lawyers. The judge asks witnesses to describe the facts, and lawyers may ask additional questions only with the judge's permission.

Documentary evidence is the foundation of Czech litigation. Contracts and invoices carry substantial weight, while sworn statements are generally not treated as full substitutes for direct testimony or objective documents.

Procedural deadlines and the consequences of missing them

Czech civil procedure is governed by strict deadlines. Failure to meet a deadline can result in the loss of rights.

After a first-instance judgment is delivered, the losing party has exactly 15 days from the delivery of the written judgment to file an appeal. If an appeal is filed late, the judgment becomes final and enforceable.

These time limits are binding. For Korean companies, time zone differences and internal approval processes must not delay action. Requests for deadline extensions are rarely granted for statutory deadlines.

ARROWS Law Firm maintains sophisticated deadline management systems to ensure that no critical procedural deadline is ever overlooked.

Representation requirements

Representation by a lawyer is not mandatory for first-instance proceedings, though it is highly recommended due to procedural complexity. However, for proceedings before the Supreme Court, representation by a Czech-licensed attorney is mandatory by law.

It is important to note that only attorneys licensed by the Czech Bar Association can represent clients in Czech courts. A Korean lawyer cannot represent you in a Czech court hearing.

While your Korean counsel can advise you strategically, they must work with a Czech attorney who will act as the legal representative of record.

ARROWS Law Firm regularly works in coordination with Korean law firms and in-house counsels, ensuring that your Czech litigation is professionally handled by licensed local experts.

Risks and potential sanctions in Czech litigation

Risks and sanctions	How ARROWS helps (office@arws.cz)
Missing the 15-day appeal deadline : Failure to file an appeal within 15 days of judgment delivery results in the judgment becoming final.	Deadline management : ARROWS maintains strict deadline tracking and ensures appeals are filed timely.
Filing in the wrong court : Filing in a court without jurisdiction results in the transfer of the case and significant delays.	Jurisdiction analysis : ARROWS analyzes contract terms and applicable laws to ensure filing in the correct court immediately.
Incomplete statement of claim : If your claim lacks required particulars or evidence descriptions, the court may reject it or require corrections.	Professional drafting : ARROWS prepares legally precise statements of claim that meet all statutory requirements.
Missing Data Box notifications : For Czech subsidiaries, missed Data Box notices can lead to default judgments due to the fiction of delivery.	Monitoring : ARROWS monitors your Data Box account and tracks all procedural deadlines.
Foreign documents without translation : Documents in English or Korean are usually not accepted as evidence without a Czech translation.	Translation coordination : ARROWS ensures all documents are accompanied by necessary Czech translations.

Understanding contractual penalties and their enforcement in Czech disputes

One critical issue for Korean companies is the Czech contractual penalty mechanism (smluvní pokuta). Unlike some jurisdictions where penalties must strictly reflect actual damages, the Czech contractual penalty is a distinct institute.

A contractual penalty can be enforced even if the creditor suffered no actual financial damage from the breach, provided it was validly agreed upon. However, if a penalty is "disproportionately high," the court has the power to moderate it upon the debtor's motion.

ARROWS Law Firm advises on contract review to ensure penalty clauses are enforceable and reasonable. Contact us at office@arws.cz.

The three-year statute of limitations

In the Czech Republic, the general subjective statute of limitations (promlčecí lhůta) for bringing civil and commercial claims is three years. This period typically begins from the moment the right could have been exercised for the first time.

Only filing the lawsuit in court or a debt acknowledgement by the debtor stops the running of the limitation period. It is a common misconception that sending a warning letter stops the clock.

For Korean companies, this means you cannot wait indefinitely to enforce your rights. If you are approaching the three-year mark from a breach of contract or unpaid invoice, you must act immediately.

ARROWS Law Firm will calculate your limitation period and advise on immediate steps to preserve your claim.

Executive summary for management

Jurisdiction and venue selection are critical, as filing in the wrong court causes delays. Management must ensure the correct court is identified based on contract terms and current regulations.

Czech litigation is "front-loaded," meaning you must gather and organize your evidence before filing. There is no broad discovery phase later.

Procedural deadlines are absolute. Missing a 15-day appeal deadline or a Data Box notification results in the loss of rights.

The statute of limitations is generally three years. Sending a letter does not stop the clock; only filing a lawsuit does.

Litigation costs include court fees and legal representation. The loser pays the winner's costs based on statutory tariffs, not actual legal bills.

Conclusion

Starting litigation in the Czech Republic as a Korean business requires careful navigation of a system that values formal precision and strict adherence to deadlines. From the initial jurisdictional analysis to the final enforcement of a judgment, every step presents specific procedural requirements.

The lawyers at ARROWS Law Firm have extensive experience representing international businesses in Czech commercial disputes. We provide the local expertise necessary to protect your interests, ensuring that your claims are filed correctly.

If you are a Korean business facing a dispute in the Czech Republic, contact us at office@arws.cz for a consultation.

FAQ – Frequently asked legal questions about starting litigation in the Czech Republic as a Korean business

1. How long does it typically take to resolve a civil dispute in a Czech court? First-instance litigation typically takes 12–24 months.

2. Do I need to hire a Czech lawyer?
For Supreme Court appeals, yes, it is mandatory.

3. What is the most common mistake Korean companies make?
Failing to monitor Data Boxes for Czech subsidiaries (missing deadlines) and assuming the statute of limitations is longer than three years.

4. Can I recover all of my legal costs?
You can recover costs based on the statutory tariff if you win, which may be less than your actual legal spend.

5. What if I receive a court notification?
Act immediately. Deadlines are strict.

6. Is arbitration better?
It can be faster and confidential but requires an arbitration agreement.

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue. Although we ensure maximum accuracy of the content, legal regulations and their interpretation evolve over time. To verify the current wording of regulations and their application to your specific situation, it is necessary to contact ARROWS law firm in Prague directly (office@arws.cz).

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