How can a Jordanian company litigate in the Czech Republic

Understanding Czech court jurisdiction and your rights as a Jordanian company

When a Jordanian company considers litigation in the Czech Republic, the first critical question is whether Czech courts actually have the authority to hear your dispute. Jurisdiction in Czech civil matters operates under a two-tier system: international jurisdiction (whether any Czech court can hear the case at all) and territorial jurisdiction (which specific Czech court has the authority to decide).

The fundamental rule is straightforward on its surface but complex in application: if your Czech business opponent is registered and operates in the Czech Republic, Czech courts almost certainly have jurisdiction over your dispute.

This principle flows from the general rule in EU law (Brussels I bis Regulation) and the Czech Act on Private International Law, stating that a defendant's domicile determines jurisdiction. However, "domicile" itself requires careful definition—it refers to the defendant's registered office, principal place of business, or the place where the defendant typically exercises management and control.

For subsidiaries and branches of foreign companies, you must verify exactly where the legal entity is registered. Suing the wrong entity can render your eventual judgment unenforceable.

The situation becomes more nuanced when contractual choice-of-court clauses are involved; many international commercial agreements include jurisdiction clauses specifying which country's courts will hear disputes.

These clauses are highly enforceable under EU law. If your dispute also involves investment structuring questions alongside jurisdiction clauses, the article Structuring Investment Clubs and Private Equity Groups in the Czech Republic provides useful context on typical Czech structures and documentation. If your contract with the Czech party specifies Czech jurisdiction, this strengthens your position by establishing clear venue. Conversely, if the contract specifies Jordanian courts exclusively, the Czech court may decline to hear your case.

The Agreement on the Promotion and Reciprocal Protection of Investments between Jordan and the Czech Republic also addresses dispute settlement mechanisms. However, these primarily apply to investment protection disputes between a state and an investor, rather than standard B2B commercial disputes.

A critical procedural detail that many international litigants overlook involves the distinction between exclusive jurisdiction clauses and non-exclusive clauses. This distinction determines whether a Czech court must decline your case or may accept it. For a broader view of how cross-border disputes are handled in practice, see our overview of Commercial Litigation & Arbitration in the Czech Republic.

ARROWS Law Firm regularly assists foreign companies with jurisdictional analysis and can clarify which Czech court properly holds authority over your specific dispute.

Territorial jurisdiction: Which Czech court can hear your case?

Once you establish that Czech courts have international jurisdiction, you must identify the correct Czech court geographically. The Czech Republic maintains a multi-tier court system: district courts ( okresní soudy ), regional courts ( krajské soudy ), high courts ( vrchní soudy ), and the Supreme Court ( Nejvyšší soud ).

For most commercial disputes, the default rule is that the defendant's permanent residence or registered office determines territorial jurisdiction.

If your Czech opponent has a registered office in Prague, you typically file in one of the Prague district courts. If they operate in Brno, you file there. Filing in the wrong court results in transfer to the correct court, consuming valuable time and delaying your case by several months. Where the dispute is tied to corporate seat, branch registration, or group structure, guidance under Corporate & Holding services in the Czech Republic can help align the defendant identification with the correct venue analysis.

However, the Czech Civil Procedure Code establishes alternative jurisdictional grounds that may prove advantageous in specific situations. You may sue in the court of the district where the disputed event occurred (relevant for tort claims) or where the defendant has assets located within the Czech Republic.

For contract disputes involving services, Czech law recognizes the "place of performance" doctrine, which can allow a Jordanian company to file in a Czech court convenient to the location where performance occurred.

The practical complexity lies in correctly identifying and documenting these jurisdictional grounds before filing. A mistake here is not easily corrected later in the proceedings. For a practical illustration of how foreign claimants approach Czech court proceedings in a cross-border setting, see How Saudi Arabian businesses can resolve disputes in the Czech Republic through the courts: Litigation options overview.

ARROWS Law Firm, as a leading Czech law firm based in Prague, European Union, specializes in precisely this type of jurisdictional mapping for foreign clients and can save you months of delays by identifying the optimal Czech court from the start.

Filing your claim: The Czech procedural requirements and critical procedural traps

After establishing that Czech courts have jurisdiction and identifying the correct territorial court, the next phase is actually filing your claim. This phase is deceptively critical because the Czech legal system operates under a civil law procedural model fundamentally different from common law systems familiar to many Jordanian businesses.

The first procedural shock for foreign litigants is that there is no comprehensive pre-trial discovery process in Czech litigation.

In Anglo-American litigation, parties typically exchange documents and conduct depositions months before trial. Czech courts provide no equivalent mechanism. Instead, you must present your allegations and propose relevant evidence, contracts, correspondence, and documentation with your initial statement of claim ( žaloba ).

While evidence can be supplemented later during the proceedings until the "concentration of proceedings" (typically at the first hearing), the court expects the core evidence to be identified immediately. This burden of proof ( důkazní břemeno ) represents the single most important procedural principle affecting Jordanian companies litigating in Czech courts.

What this means in practice is extraordinarily important: your claim document must be exceptionally thorough and strategically structured.

It is not a narrative explanation of events; instead, it is a legally structured submission that anticipates the court's questions and systematically presents the evidence responding to each potential objection. You must explain which specific documents prove each factual allegation and demonstrate how those documents establish your legal entitlement to relief.

Additionally, all documents must be submitted in the Czech language or with official certified translations ( soudní překlad ). An English-language contract that you believe is your most important piece of evidence is legally ineffective as evidence until an official translator produces a Czech translation.

The formal requirements for filing are also specific and non-negotiable: you must pay the court fee at the time of filing, and the claim must include specific information such as registration numbers and a clear description of the legal facts.

Electronic filing has become the standard. Since the widespread implementation of the "Data Box" ( datová schránka ) system, legal entities communicate with courts primarily electronically. You may file claims electronically via the data box system or via email with a recognized electronic signature.

ARROWS Law Firm handles electronic and paper filings regularly for international clients and can ensure your claim meets every formal requirement.

The mandatory pre-litigation demand letter

Before even filing your formal claim in court, Czech law contains a procedural requirement that many foreign companies miss entirely: you must send a formal written pre-litigation demand letter ( předžalobní výzva ) to the defendant at least seven days before filing your claim.

This requirement is not merely a procedural formality—it has financial consequences; if you fail to send this demand letter, the court will generally not award you reimbursement of your legal costs, even if you win your case.

Since Czech law operates under the "loser pays" principle, meaning the unsuccessful party reimburses the successful party's reasonable legal fees, skipping this step can cost you tens of thousands of Czech crowns or euros even in victory. The demand letter must clearly state what you are demanding, the legal basis for your demand, and provide the defendant with a reasonable timeframe to respond.

Understanding Czech court costs and the "loser pays" system

The financial structure of Czech litigation operates under fundamentally different principles than many other legal systems, and Jordanian companies often misprice their litigation because they apply their home country's cost expectations to Czech procedure.

In Czech civil litigation, the court fee is typically calculated as a percentage of the claim amount—usually 5% of the amount in dispute for claims over CZK 20,000 up to CZK 40 million.

For example, a claim for EUR 100,000 would trigger a court fee of approximately EUR 5,000, due when the claim is filed. This fee is non-refundable if the case proceeds to a decision. Additionally, under the "loser pays" principle, if you win your case, the Czech court orders the defeated opponent to pay your reasonable legal fees.

Lawyer's fees are negotiable and may be agreed contractually; in the Czech market, attorney hourly rates for international commercial disputes typically range from CZK 2,500 to CZK 5,000+ per hour.

For many Jordanian companies, another significant cost is translation of all documents into Czech. Unlike simple translations, court submissions require certified translations ( soudní překlad ). The cost accumulates rapidly for disputes involving substantial contract documentation.

For international commercial disputes, expert opinions often become necessary to establish whether goods met quality specifications or whether services were properly performed.

The cumulative financial exposure in a mid-sized dispute can quickly reach EUR 20,000 to EUR 50,000 in combined court fees, translation, and legal representation—before considering the defendant's costs if you lose. This financial reality makes professional cost management from the outset absolutely essential.

ARROWS Law Firm, insured for damages up to CZK 400,000,000, brings daily experience in precisely this cost structure and can help you model realistic financial exposure before committing to litigation.

The role of legal representation and language requirements

A critical question for Jordanian companies is whether legal representation is mandatory, and whether they can represent themselves or rely on in-house counsel from Jordan. In first-instance proceedings (district court), legal representation is generally not mandatory by law, though highly recommended.

However—and this is a crucial qualification—this theoretical right is practically worthless because all court proceedings must be conducted in Czech.

This language requirement is absolute and non-negotiable. The court will not conduct proceedings in English, Arabic, or any language other than Czech. All written submissions, documents, and evidence must be in Czech. If you or your representative does not speak Czech fluently, you must hire a certified interpreter for hearings.

The practical consequence is that representing yourself is not realistically feasible for a foreign company without Czech language fluency and Czech legal knowledge.

However, a subsequent procedural complication arises if your case advances. For extraordinary appeals to the Supreme Court ( dovolání ), legal representation by a Czech-licensed attorney ( advokát ) is mandatory by law. If you attempt to file such an appeal yourself, it will be rejected.

ARROWS Law Firm, as a leading Prague-based international law firm, routinely represents Jordanian and other foreign companies throughout entire disputes.

Evidence, witnesses, and the burden of proof

The Czech procedural approach to evidence differs from common law discovery. You must gather and present all evidence strategically at the outset or within the deadlines set by the judge. The court does not "discover" your case for you; rather, you bear the burden of proof to establish each factual element of your claim.

Critically, the Czech court generally accepts electronic copies, but may request originals if authenticity is disputed.

Regarding witness testimony, you identify witnesses you wish to question when filing your claim. The witness must then be formally summoned by the court. Czech judges actively question witnesses, and your role is to identify the witness and indicate what facts they can establish.

Specifics for B2B Disputes: Unlike consumer disputes, where strict presumptions of defect protect the buyer, B2B disputes between a Jordanian company and a Czech partner are governed by the Commercial provisions of the Civil Code. A critical trap for buyers is the duty to inspect.

If you fail to notify the Czech supplier of defects immediately after you should have discovered them, the court may dismiss your claim entirely upon the defendant's objection.

ARROWS Law Firm combines daily practical experience in Czech litigation with understanding of international business context, allowing us to anticipate likely defenses and structure claims accordingly.

Risk table: Key litigation risks and ARROWS solutions

Executive summary for management

For Jordanian company executives evaluating litigation in Czech Republic, the following decision-critical points require attention:

• Jurisdictional clarity is foundational: Czech courts have jurisdiction over Czech-domiciled defendants, but filing in the wrong territorial court causes delay. Strategic venue selection is key.
• The "front-loaded" burden of proof: Unlike common law discovery, evidence must be organized and presented with the initial claim or shortly thereafter. Missing evidence at the start creates disadvantages.
• Financial exposure: Court fees (5% of claim value), mandatory certified translations (approx. CZK 450–900 per page), and legal fees create cumulative costs.
• Language and procedural requirements: All proceedings must be in Czech. Representing yourself without a Czech lawyer is practically impossible due to language barriers and formal requirements.
• Pre-litigation formalities: Missing the mandatory pre-litigation demand letter (§ 142a OSŘ) will forfeit your right to reimbursement of legal costs.

Conclusion of the article

For a Jordanian company facing a dispute with a Czech business partner, Czech courts provide an accessible and effective forum for dispute resolution—provided you understand the procedural requirements and manage the process strategically. The Czech legal system is fundamentally sound and delivers enforceable judgments that carry legal weight throughout the European Union.

ARROWS Law Firm has extensive experience representing Jordanian and other foreign companies throughout Czech litigation, from initial jurisdictional assessment through claim preparation, trial representation, and enforcement.

Whether you need preliminary advice on whether your dispute warrants Czech litigation, strategic assessment of which Czech court should hear your case, or comprehensive representation, ARROWS Law Firm provides the specialized services you need. Do not let procedural complexity delay your dispute resolution. Contact ARROWS Law Firm at consultation@arws.cz to schedule a confidential consultation.