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W a c o n Russian Federation on arbitration meždunarodnomkommerčeskom (harm. Federal law dated December 3, 2008 N 250-FZ-collection of laws of the Russian Federation, 2008, no. 49, St.
5748; Federal law dated December 29, 2015 N 409-FZ-collection of laws of the Russian Federation, 2016, N 1, art. 29) this Act: comes from the priznaniâpoleznosti arbitration (arbitration) is widely used as a method of dispute settlement in international trade, and the need for a comprehensive settlement of international commercial arbitration in law;
učityvaetpoloženiâ of such arbitration contained in international treaties of the Russian Federation, as well as in the model law adopted in 1985 year UN Commission on international trade law and endorsed by the General Assembly of the United Nations for possible use by States in their legislation.
Section I GENERAL PROVISIONS Article 1. Sferaprimeneniâ 1. The present Zakonprimenâetsâ to international commercial arbitration, if mestoarbitraža is located on the territory of the Russian Federation. Odnakopoloženiâ provided for stat′âmi8, 9, 35 and 36, apply in cases where the place of arbitration is overseas.
2. In international commercial arbitration by agreement of the parties can be passed: spores from contractual and other civil pravovyhotnošenij arising in the implementation of the trade and other types of international èkonomičeskihsvâzej, if the place of business of at least one of the parties is overseas, as well as disputes of enterprises with foreign investment and international associations and organizations established on the territory of the Russian Federation, between themselves, disputes between their parties, as well as their disputes with other entities of the Russian Federation.
3. for the purposes of paragraph 2nastoâŝej of the article: If a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement;
If a party has no place of business, reference is to be made to the habitual residence.
4. This law does not zatragivaetdejstviâ any other law of the Russian Federation, by virtue of which certain disputes may not be submitted to arbitration or may be referred to arbitration only in accordance with the provisions other than those contained in this Act.
5. If an international treaty of the Russian Federation stipulates other rules than those contained in the Russian legislation obarbitraže (Court of arbitration), the rules of the international treaty shall apply.
Article 2. Opredeleniâterminov and rules of interpretation for the purposes of nastoâŝegoZakona: "arbitraž"označaet any arbitration (Arbitration Court) regardless of whether it is produced specifically for the consideration of individual cases or a permanent arbitration institution, in particular the International Court of kommerčeskimarbitražnym or the Maritime Arbitration Commission at the Russian Federation Chamber of Commerce (annexes I and II to this Act);
"the arbitral tribunal" means a sole arbitrator or a panel of arbitrators (arbitrators);
"sud"označaet an appropriate organ of the judicial system of a State;
"kompetentnyjsud" means a Court of the Russian Federation, determined in accordance with the procedural legislation of the Russian Federation (paragraph added by federal law from December 29, 2015 N 409-FZ-Sobraniezakonodatel′stva Russian Federation, 2016, N 1, art. 29, comes into force on the 1sentâbrâ 2016);
When any provision of this law, except article 28, predostavlâetstoronam able to take decisions on a particular issue, the parties may entrust the decision to any third party, including an institution;
If any provision of this Act, a reference to the fact that the parties have agreed or that they may agree or in any other form, a reference to the agreement of the parties, such agreement includes any arbitration rules referred to in this agreement;
When in a libopoloženii of the present law, except for the first paragraph of article 25 and para 2stat′i 32, refers to a claim, it also applies to a counter-claim, and where it has a reference to object, it applies the objection to such vstrečnyjisk.
Article 3. Polučeniepis′mennyh messages 1. Unless the parties otherwise nedogovorilis′: any written communication is deemed to have been received if it is delivered to the addressee ličnoili at his place of business, habitual residence or mailing address; kogdatakovye could not be found after making a reasonable inquiry, a written communication is deemed to have been received if sent to the last known location of a place of business, habitual residence or mailing address of the addressee by registered letter or any other means which provides a record of the attempt to deliver that message;
sčitaetsâpolučennym message on the day of such delivery.
2. the provisions of nastoâŝejstat′i do not apply to communications in court proceedings.
Article 4. Otprava failure to object if a party which knows that any libopoloženie of this law from which the parties may derogate or any requirement under the arbitration agreement has not been complied with, and yet prodolžaetučastvovat′ in the arbitration not stating an objection to takogonesoblûdeniâ without undue delay, and if for this purpose is provided for any period, within that period, it is deemed to renounce svoegoprava to object.
Article 5. Predelyvmešatel′stva Court on matters governed by this law, no judicial intervention must not take place, except in the cases provided for in this Act kogdaono.
Article 6. Authorities achieve certain functions to facilitate ikontrolâ in relation to arbitration 1. The functions described in paragraphs 3 and 4 of article 11, paragraph 3 of article 13 and in article 14, are performed by the President of the Chamber of Commerce and industry of the Russian Federation.
2. the functions referred to article 3 selected 16 and paragraph 2 of article 34, performed by the Supreme Court of the Republic of the sostaveRossijskoj Federation, provincial, regional, municipal court, the Court of Justice of the autonomous region and autonomous district court at the place of arbitration.
SECTION II of the ARBITRATION AGREEMENT Article 7. Iforma definition of arbitration agreement 1. Arbitražnoesoglašenie-an agreement by the parties to submit to arbitration all disputes which the iliopredelennyh voznikliili which may arise between them in respect of a defined legal relationship, regardless of whether it was dogovornyjharakter or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
2. The arbitration agreement shall be in writing.
Agreement is in writing if it is contained in a document signed by the parties or by an exchange of letters has been concluded, by telex, telegram or other means of telecommunication that provide a record of the agreement or through an exchange of statements of claim iotzyvom in which one of the parties to the alleged agreement and not denied by the other. Vdogovore link to the document that contains the arbitražnuûogovorku constitutes an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause part of the contract.
Article 8. Arbitražnoesoglašenie and the claim on the merits in court 1. The court seized on the issue, âvlâûŝemusâpredmetom of an arbitration agreement shall, if any izstoron asks about it not later than the submission of his pervogozaâvleniâ on the merits of the case, to stop production and direct the parties to arbitration, unless it finds, that ètosoglašenie not really, utratilosilu or cannot be enforced.
2. In slučaepred″âvleniâ of the claim referred to in paragraph 1 of this article may be arbitražnoerazbiratel′stvo however commenced or continued, and an award made, while bickering about jurisdiction are awaiting permission from the Court.
Article 9. Arbitražnoesoglašenie and court treatment of interim measures, the parties to the Court, before or during arbitral proceedings to take measures to ensure the claim and judgment determining such measures are not inconsistent sarbitražnym agreement.
SECTION III the ARBITRAL TRIBUNAL Article 10. Čisloarbitrov 1. The parties may, at their discretion, determine the number of arbitrators.
2. If the parties do not determine this number, the three arbitrators shall be appointed.
Article 11. Appointment of arbitrators 1. No person shall be deprived of the right to act as a referee because of his nationality, unless otherwise agreed by the parties.
2. the parties may, at their discretion, soglasovat′proceduru appointment of an arbitrator or arbitrators, subject to the provisions of paragraphs 4 and 5 of this article.
3. in the absence of takogosoglašeniâ: in arbitration with three arbitrators, each Party shall appoint one arbitrator and the arbitrator thus appointed dvanaznačennyh
the third arbitrator; If a party fails to appoint an arbitrator within 30 days of receipt of the request from the other party or if the two arbitrators within 30 days of their appointment, and personal levels. agree on tret′emarbitre, at the request of any storonynaznačenie produced by the authority referred to in paragraph 1 of article 6;
in arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator, at the request of any party, the appointment is made by the authority referred to in paragraph 1 of article 6.
4. If procedurenaznačeniâ, agreed: one party nesoblûdaet such a procedure; or hand or two arbitrators cannot reach an agreement in accordance with takojproceduroj; or a third party, including an institution, does not perform any function assigned to him in accordance with such procedure, any party možetprosit′ body referred to in paragraph 1 of article 6, to take neobhodimyemery, if only the procedure for the appointment of the agreement does not provide for other means obespečeniânaznačeniâ.
5. the decision of the authority referred to in paragraph 1 of article 6, on any of the matters which are assigned to it in accordance with paragraph 3 or 4 of this article shall not be subject to appeal. If the appointment of an arbitrator, this body shall take into account any requirements for the qualification of the arbitrasoglašeniem of the parties and to such considerations as are likely to secure naznačenienezavisimogo and impartial arbiter, AB if sole or third arbitrator shall also take into account the desirability of appointing arbitrator a person who is not a citizen of the States parties belong.
Article 12. Osnovaniâdlâ arbitrator 1. In the case of a person in connection with his possible appointment as an arbitrator, that person should soobŝit′o any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. Referee since his appointment and throughout the arbitral proceedings should, without promedleniâsoobŝat′ any such circumstances to the parties unless they have already been informed them of these circumstances before.
2. The arbitrator notbe challenged only if circumstances exist that cause justifiable doubts as to his impartiality or independence, or if he does not possess qualifications resulting from agreement of the parties.
Party may declare otvodarbitru, whom she appointed, or in whose appointment it has participated, only for reasons that became her known after his appointment.
Article 13. Proceduraotvoda arbitrator 1. The parties may agree on the procedure's discretion posvoemu arbitrator, subject to the provisions of paragraph 3 of this article.
2. In the absence of the takojdogovorennosti party, petitioning the arbitrator shall, within 15 days after it learned about the formation of the arbitral tribunal or any circumstances ukazannyhv paragraph 2 of article 12, in writing to inform the arbitral tribunal motivations. If the resolver 13(2)(c) assumes no rejection or other party nesoglašaetsâ tee, question the disqualification is decided by the arbitral tribunal.
3. If an application for disqualification when applying the lûbojprocedury agreed by the parties, or the procedure provided for in paragraph 2 of this article are not satisfied, the party making the challenge, may, within 30 days of receipt of the notification of the decision dismissing the disqualification request body specified in paragraph 1 of article 6, to take a decision on the withdrawal; the latest decision is not subject to appeal. While please hand awaiting arbitration court permission vklûčaâarbitra 13(2)(c) can continue the arbitral proceedings and make an award.
Article 14. Prekraŝeniepolnomočij (mandate) arbitrator 1. In the case where the umpire turns out to be de jure or de facto nesposobnymvypolnât′ of their functions or for other reasons not to exercise them, without undue delay, his mandate (mandate) expires, if the resolver takes the rejection or the parties agree on the termination of the mandate. In other cases, when disagreement about any of ètihosnovanij, any party may apply to the authority specified in subsection 6, to authorize the issue of termination of mandate; takoerešenie is not subject to appeal.
2. Rejection of the arbitrator or the parties consent to the termination of its mandate, in accordance with this article or paragraph 2stat′i 13 does not mean priznaniâlûbogo of the grounds mentioned in this article or in paragraph 2 of article 12.
Article 15. Zamenaarbitra If arbitraprekraŝaetsâ mandate pursuant to article 13 or 14 or because he takes his rejection for any other reason, or because of the cancellation of his mandate by agreement of the parties, as well as in any other case of termination of his mandate, another arbitrator shall be appointed in accordance with the rules that were applicable to the appointment of the arbitrator being replaced.
SECTION IV the ARBITRAL TRIBUNAL'S COMPETENCE the article 16. Pravotretejskogo Court to grant jurisdiction 1. The arbitral tribunal may rule on its own jurisdiction, including polûbym objections as to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of the contract, shall be treated as an agreement independent of the other terms and conditions of this agreement. Rešenietretejskogo Court of Justice that the contract is void, does not entail the invalidity of the Act by virtue of an arbitration clause.
2. statement by the Arbitration Court's lack of competence can be made not later than the submission of the statement of defence.
Designation arbitraili party participation in the appointment of an arbitrator shall not deprive a party of its right to make such a statement. A statement that the arbitral tribunal exceeds the limits of its competence, dolžnobyt′ was once a question which, in the opinion of the parties, is outside these limits will be raised during the arbitražnogorazbiratel′stva.
The arbitral tribunal may, in either of these cases, to adopt the statement made at a later date if it considers the delay justified.
3. the Arbitration Court ruling on možetvynesti with the statement indicated in paragraph 2 of this article either as a preliminary povoprosu, or in the decision on the merits of the case. If the arbitral tribunal shall decide as a preliminary question that it obladaetkompetenciej, any party may, within 30 days after receiving notice of the ètompostanovlenii ask the Court specified in article 6 2 selected, take a decision on this matter; such a decision could not be appealed. So far, please hand awaiting permission, the arbitral tribunal may continue the proceedings and make an award.
Article 17. Polnomočietretejskogo court order prinâtiiobespečitel′nyh measures unless the parties otherwise nedogovorilis′, sudmožet arbitration upon the request of any storonyrasporâdit′sâ on the acceptance by a party of such interim measures with respect to the subject matter of the dispute, which it considers necessary. The arbitral tribunal may require any party to provide appropriate security in connection with such measures.
Section V VEDENIEARBITRAŽNOGO PROCEEDINGS Article 18. Ravnoeotnošenie parties dolžnobyt′ parties equal treatment, and each Party shall be afforded full opportunity to present its case.
Article 19. Definition of the rules of procedure 1. When usloviisoblûdeniâ the provisions of this Act, the parties may, at their discretion, agree on the procedure for the conduct of the proceedings by the arbitral tribunal.
2. In the absence of such agreement, the arbitral tribunal may, subject to the provisions of this law, conduct the arbitration in such manner as considered appropriate.
Powers, predostavlennyetretejskomu Court, include powers on the determination of the admissibility, relevance, materiality and weight of any evidence.
Article 20. Mestoarbitraža 1. The parties may agree on a place discretion posvoemu arbitration. In the absence of such agreement, the place of arbitration shall be determined by the arbitral tribunal, taking into account the circumstances of the case, including the convenience factor for parties.
2. Although paragraph napoloženiâ 1 of this article, the arbitral tribunal may, unless the parties otherwise nedogovorilis′ to meet elsewhere, which it considers appropriate for consultation among arbitrators, hearing witnesses, experts or storonlibo for inspection of goods, other property or documents.
Article 21. Načaloarbitražnogo proceedings unless the parties agree otherwise, the arbitration proceedings in respect of a particular dispute commence on the date when the request for referral of the dispute to arbitration is received by the respondent.
Article 22. Language 1. The parties may agree upon the discretion of the posvoemu language or languages to be used in the arbitral proceedings. In the absence of such agreement, tretejskijsud identifies the language or languages to be used in the proceedings. Such agreement or determination, if not otherwise specified, applies to any written statement by hand, any hearing and any award, decision or other communication of the Arbitration Court.
2. The arbitral tribunal may order that any documentary evidence accompanied by transfer of naâzyk or languages agreed upon by the parties or determined by the arbitral tribunal.
Article 23. Iskovoezaâvlenie and defence 1. Within the period agreed by the parties or the arbitral tribunal, the claimant shall state the circumstances substantiating his claims about controversial issues and required meet and otvetčikdolžen declare their objections on these items, if the parties have agreed otherwise regarding the needed details of such statements. Parties may submit, together with their statements all documents whichand consider relevant, or may make reference to the documents or other evidence they will present in the future.
2. Unless otherwise agreed by the parties, in the course of the arbitral proceedings either party may amend or supplement its claim ilivozraženiâ on the claim unless the arbitral tribunal does not recognize inappropriate to allow such a change given mistake delays.
Article 24. Hearing irazbiratel′stvo documents 1. Subject to any agreement of the parties, the arbitral tribunal shall decide whether to hold an oral hearing to present evidence or to ustnyhprenij or proceeding only on the basis of documents and other materials. However, except where the parties have agreed not to hold an oral hearing, the arbitral tribunal shall hold such a hearing on conforming to the stage of the arbitral proceedings, if so requested by any of the parties.
2. Parties sufficiently in advance should byt′napravleno notice of any hearing and of any meeting of the arbitral tribunal, convened for the purpose of inspection of goods, other property or documents.
3. All statements, documents or other information submitted by one of the parties, the arbitral tribunal should be transferred to another party. Parties must be transferred to any expert reports or other documents which are of evidential importance on which the arbitral tribunal may rely in making its decision.
25. Article 18(b) hand unless the parties otherwise nedogovorilis′, where without specifying an acceptable excuse: the claimant did not submit its statement of claim, as is required in accordance with paragraph 1 of article 23, the arbitral tribunal shall terminate the proceedings;
the respondent apply their statement of defence, as required in accordance with paragraph 1 of article 23, the Arbitration Court shall continue the proceedings without considering such failure in itself as an admission of the claimant's allegations;
neâvlâetsâ any party to a hearing or not is documentary evidence, the arbitral tribunal may continue the proceedings and make a decision based on the evidence before it.
Article 26. Expert appointed by arbitral tribunal 1. If the parties nedogovorilis′ the parties, the arbitral tribunal may appoint one ilineskol′kih experts to provide him with a report on the specific issues that the Court opredelâûtsâtretejskim;
require the parties to provide the expert any relevant information or presentation for inspection, or inspection enabling them to relevant documents, goods or other property.
2. When otsutstviidogovorennosti of the parties expert, if a party so requests or if the arbitral tribunal considers it necessary, shall after the submission of its written or oral opinions to participate in a hearing where the Parties shall have the opportunity to ask questions and provide experts to testify on controversial issues.
Article 27. Sodejstviesuda in obtaining evidence ilistorona Arbitration Court with the approval of the arbitral tribunal may request the competent court of the Russian Federation to assist in obtaining evidence. The Court may comply with the request, in accordance with the rules relating to evidence, including letters rogatory.
SECTION VI of the VYNESENIEARBITRAŽNOGO DECISION and TERMINATION of PROCEEDINGS Article 28. Rules applicable to substance of dispute 1. The arbitral tribunal shall settle the dispute in accordance with such rules of law which the Parties elected as primenimyhk the substance of the dispute. Any reference to the law or legal system of a State shall be construed as referring directly to kmaterial′nomu the law of that State and not to its conflict of laws rules.
2. When otsutstviikakogo is no indication of the parties, the arbitral tribunal shall apply the law determined in accordance with the conflict rules which it considers applicable.
3. in all cases, the arbitral tribunal shall decide in accordance with usloviâmidogovora and taking into account the trade practices applicable to dannojsdelke.
Article 29. Vynesenierešeniâ the College of arbitrators in arbitration conducted by a panel of arbitrators, any decision of the arbitral tribunal, unless the parties otherwise agree, shall be rendered by a majority of the arbitrators.
However, questions of procedure may be resolved by the arbitrator, the Chairman of the arbitral tribunal, if it is authorized by the parties or all other arbitrators.
Article 30. Mirovoesoglašenie 1. If during the course of the arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, at the request of the parties, and in the absence of objections on its part commits the settlement in the form of an arbitral award on agreed terms.
2. An arbitral award on agreed terms shall be made in accordance with the provisions of article 31 and shall contain an indication to the effect that it is an arbitration decision. This award has the same effect and is ispolneniûtak the same as any other award on the merits of the case.
Article 31. The form and content of arbitražnogorešeniâ 1. Arbitration rešeniedolžno be made in writing and signed by a sole arbitrator or arbitrators. In arbitration conducted by a panel of arbitrators, a majority of signatures sufficient members of the arbitral tribunal, subject to specify the reasons for the lack of other signatures.
2. The award shall be specified the motives on which it is based, the withdrawal of the approval or rejection of claims, summaarbitražnogo and collection expenses in the case, their allocation between the parties.
3. the arbitražnomrešenii shall be indicated his date and place of arbitration, as defined in accordance with paragraph 1 stat′i20.
The award is considered to be made in this place.
4. After the award of each storonedolžna be passed a copy signed by the arbitrators in accordance with paragraph 1 of this article.
Article 32. termination of arbitration 1. The arbitral proceedings are terminated by a final award or order of the arbitral tribunal made in accordance with punktom2 of this article.
2. The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when: the plaintiff refuses their demands only if the defendant does not put forward objections to halt proceedings and the arbitral tribunal recognizes a legitimate interest is not a defendant in the final settlement of the dispute;
hand dogovarivaûtsâo termination of proceedings;
sudnahodit arbitration that continued razbiratel′stvastalo for whatever reason, unnecessary or impossible.
3. the mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings simultaneously, without prejudice, however, to the provisions of article 33 and paragraph 4 of article 34.
4. After a ruling on the termination of the arbitration, each side must be passed a copy signed by the arbitrators in accordance with paragraph 1 of article 31 (item 4 was introduced by the Federal law of December 29, 2015 N 409-FZ-collection of laws of the Russian Federation, 2016, N 1, art. 29, comes into force on September 1, 2016).
Article 33. Ispravleniei interpretation of the decision.
Additional decision 1. Within 30 days of the popolučenii of the award, if the parties have not agreed on another time period: either party notifying the other party, may request the arbitration sudispravit′ any errors made in addressing errors in computation, clerical errors or other iliopečatki errors of a similar nature;
If there is agreement between the parties, either party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the solution.
The arbitral tribunal shall, if it considers the request to be justified, must, within 30 days of eepolučenii to correct or to interpret. Takoetolkovanie becomes an integral part of the award.
2. the Arbitration Court within 30 days of the date of the award, may, on its own initiative, ispravit′lûbye errors identified in paragraph two of paragraph 1 of this article.
3. Unless otherwise agreed by the parties, either party, with notice to the other party, may, within 30 days of receipt of the award, request the arbitral tribunal to make an additional award as to claims that were asserted in the course of the arbitral proceedings, however, were not reflected in the decision. The arbitral tribunal shall, if it considers the request to be justified, must, within 60 days of its receipt to make an additional award.
4. The arbitral tribunal may, as appropriate, prodlit′srok,
during which he must ispravit′ošibki, interpret or make an additional arbitral award in accordance spunktom 1 or 3 of this article.
5. the provisions of article 31 shall apply in respect of the correction or interpretation of the award or for additional arbitral award.
6. the provisions of article 31 shall apply for the correction or clarification of an award or for additional arbitral award, as well as arbitražnogorešeniâ, adopted in the manner prescribed by paragraph 5 of this article (paragraph 6 was introduced by the Federal zakonomot December 29, 2015 N 409-FZ-collection of laws of the Russian Federation, 2016, N 1, art.
29, comes into force on 1 sentâbrâ2016).
SECTION VII OSPARIVANIEARBITRAŽNOGO DECISION Article 34. Hodatajstvoob lifting as the exclusive means to challenge an arbitral award 1. Contesting in court against an arbitral award may be made only by filing a petition for rescission in accordance with punktami2 and 3 of this article.
2. Arbitration rešeniemožet be overturned by the Court described in paragraph 2 of article 6 only if: 1) the party making the motion to set aside, furnishes proof that: one of the parties to the varbitražnom agreement referred to in article 7 was under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, in the absence of takogoukazaniâ-on the law of the Russian Federation; or it was not dolžnymobrazom notice of the appointment of an arbitrator or of the arbitral proceedings, or for other reasons nemogla to present his case; or the award deals with a dispute not provided for by the arbitration agreement or not falling within its terms, or it contains decisions on matters beyond the scope of the arbitration agreement, provided, however, that, if the decisions on matters covered by arbitražnymsoglašeniem, can be separated from those neohvatyvaûtsâ this agreement, notbe cancelled only that part of the award which contains decisions on matters not covered by arbitražnymsoglašeniem;
or the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this law from which the parties cannot derogate, or, in the absence of such an agreement does not comply with this Act; or 2), the Court determined that: the object of the dispute may not be subject to arbitration under the law of the Russian Federation; or the arbitration rešenieprotivorečit the public order of the Russian Federation.
3. obotmene Application may not be made after three months from the date of receipt by the party filing the arbitration award, ètohodatajstvo, AB, if a request had been made under article 33, from the date on which the arbitral tribunal orders on this request.
4. the court petition on otmenearbitražnogo decision may, if it considers it appropriate and that, if requested by a party, suspend the production deadline on this issue in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings ilipredprinât′ other actions which, in the opinion of the Court of arbitration, will eliminate the grounds for setting aside.
SECTION VIII RECOGNITION IPRIVEDENIE Awards Article 35. Recognition of iprivedenie execution arbitražnogorešeniâ 1. The arbitral award, irrespective of the country in which it was rendered, and priznaetsâobâzatel′nym when submitting a written request to the competent court shall be enforced subject to the provisions of this article and of article 36.
2. The party relying on an award or applying oprivedenii, dolžnapredstavit′ the duly authenticated original award or a duly certified copy thereof, as well as the original arbitration agreement referred to in article 7, or dolžnymobrazom a certified copy thereof. If the award or agreement set out nainostrannom language party dolžnapredstavit′ duly certified translation thereof into Russian language.
3. In the event outside the Russian Federation award, not requiring enforcement, the party against which handed down the decision, has the right to make objections against recognition of the decision in the Russian Federation on the grounds and procedure established procedural legislation of the Russian Federation (paragraph 3 was introduced by the Federal law of December 29, 2015 N 409-FZ-collection of laws of the Russian Federation, 2016, N 1, art. 29, comes into force on September 1, 2016).
Article 36. Osnovaniâdlâ refusal of recognition or enforcement of an arbitral award 1. Recognition or enforcement of an award irrespective of the country in which it was made, may be refused only: 1) at the request of the party against whom it is directed, unless the Party shall submit to the competent court where recognition or enforcement is sought proof that: one of the parties to the varbitražnom agreement referred to in article 7 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, in the absence of such indication-the law of the country where the decision was rendered; or the party against whom the judgement, was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or the award deals with a dispute not provided for by the arbitration agreement or not falling within its terms, or it contains decisions on matters beyond the scope of the arbitration agreement, provided, however, that, if the decisions on matters covered by arbitražnymsoglašeniem, can be separated from those neohvatyvaûtsâ, then that part of the award which contains decisions on matters submitted to arbitration may be recognized and vispolnenie; or the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, or failing that did not conform to the law of the country where the arbitration took place; or a decision has not yet become binding on the parties or has been set aside or egoispolnenie was suspended by a Court of the country in which or in accordance with the law which it was issued;
or 2) if the Court finds that: the object of the dispute may not be subject to arbitration under the law of the Russian Federation; or the recognition and execution of the privedeniev of the award contrary to public policy (ordre public) of the Russian Federation.
2. If the Court specified in paragraph 1, subparagraph 1 in the fifth paragraph of this article, the stated application for setting aside or suspension of the ispolneniâarbitražnogo decision, the Court in which recognition is sought iliprivedenie in may, if it deems it appropriate, to defer its decision and may also, on application by the party that requests for recognition or enforcement of an arbitral award, to compel the other party to provide appropriate security.
Moscow, House SovetovRossii July 7, 1993-5338 N I of annex I to the law of the Russian Federation international commercial arbitration from July 7, 1993 N 5338-I Position on international commercial arbitražnomsude at the Chamber of Commerce Federation palateRossijskoj 1. The international commercial arbitration court is an autonomous permanent arbitration institution (Court of arbitration), carrying out their activity in accordance with the law of the Russian Federation international commercial arbitration.
Chamber of Commerce and industry of the Russian Federation approves the rules of the international commercial arbitration court, the procedure for calculating arbitražnogosbora, honoraria and expenses of the Court, arbitrators provides other assistance to its activities.
2. In the international commercial arbitration court may by agreement of the Parties transmitted: spores from contractual and other civil law relationships arising in the implementation of the trade and other types of international èkonomičeskihsvâzej, if the place of business of at least one of the parties to the dispute is abroad, as well as disputes of enterprises with foreign investment and international associations and organizations established on the territory of the Russian Federation, between themselves, disputes between the parties as well as their disputes with other entities of the Russian Federation.
Civil pravovyeotnošeniâ disputes of which may be transferred to the narazrešenie of the international commercial arbitration court include, particularly, relations on sale (supply) of goods, works and services, the exchange of goods and (or) services, transport of goods and passengers, commercial representation and mediation, leasing (leasing)
scientific-technical exchange, exchange of other results of creative activity, construction of industrial and other objects, license transactions, investments, credit and settlement transactions, insurance, joint enterprise and other forms of industrial and enterprise cooperation.
3. the international commercial arbitration court takes its consideration and disputes subject to its jurisdiction by virtue of the international treaties of the Russian Federation.
4. international commercial arbitration at the Russian Federation Chamber of Commerce and industry is the successor of the Arbitražnogosuda Chamber of Commerce and industry of the USSR, formed in 1932, and, in particular, the right to razrešat′spory based on agreements by the parties to submit their disputes to the Arbitration Court at the Chamber of Commerce and industry of the USSR.
5. the decision of the International Court of commercial arbitration marks the parties in certain deadlines. If srokispolneniâ is not specified, it shall be immediately enforceable. Not executed in time decisions are enforced in accordance with the law and international treaties.
6. in cases before the international commercial arbitration court, predsedatel′Suda may, at the request of the parties to establish the size and shape of the welfare requirements.
Annex II to the law of the Russian Federation international commercial arbitraže"ot July 7, 1993-5338 N I oMorskoj of the Arbitration Commission of the Chamber of Commerce and industry of the Russian Federation 1. Maritime Arbitration Commission is a permanent arbitration institution (Court of arbitration), carrying out svoûdeâtel′nost′ for disputes related to its competence, article 2 of the present regulation, in accordance with the law of the Russian Federation international commercial arbitration.
Chamber of Commerce and industry of the Russian Federation approves the rules of the Maritime Arbitration Commission, the schedule of arbitration fees, stavkigonorarov arbitrators and other expenses of the Commission, assists in its activities.
2. the Maritime Arbitration Commission shall settle disputes arising from contractual and other civil law relationships arising iztorgovogo navigation, irrespective of whether such otnošenijsub″ekty of Russian and foreign or only Russian or foreign law only. In particular, the Maritime Arbitration Commission shall settle disputes arising from the relationship: 1) chartering of vessels, marine perevozkegruzov, as well as the transport of goods in mixed navigation (river-sea);
2) on morskojbuksirovke vessels and other floating objects;
3) on morskomustrahovaniû and reinsurance;
4) related to the purchase and sale, mortgage and repair ships and other floating objects;
5) for pilotage and pilotage in ice, the Agency and other marine service vessels and inland navigation vessels, since sootvetstvuûŝieoperacii are related to diving vessels in maritime waters;
6) associated with the use of ships for osuŝestvleniânaučnyh research, fossil iinyh, hydrotechnical dobyčipoleznyh works;
7) rescue ships or marine vessel inland waterway craft, as well as to rescue the marine waters of the inland navigation vessel to another vessel in inland navigation;
8) associated with sunken into the sea vessels and other property;
9) related sostolknoveniem morskogosudna ships and inland vessel of inland navigation vessels in marine waters, as well as with causing vessel damage port installations, navigational tools and other objects;
10) involving the infliction of damage to networks and other fishing implements production (catch) of aquatic biological resources, as well as with other injury when carrying out commercial fisheries (in red. Federal law dated December 3, 2008 N 250-FZ-Sobraniezakonodatel′stva Russian Federation, 2008, no. 49, St. 5748). The Maritime Arbitration Commission shall settle disputes arising in connection with diving sea-going and inland navigation vessels on international rivers, in the cases referred to in this article, as well as disputes relating to the implementation of inland navigation vessels of Volga Shipping.
3. Morskaya arbitražnaâkomissiâ takes into consideration disputes if there is agreement between the parties on the transfer of them to its permission.
The Commission takes krassmotreniû also disputes that the parties must convey onits permission by virtue of international treaties of the Russian Federation.
4. in cases before the Maritime Arbitration Commission, the Chairman of the Commission may, at the request of the parties to establish the size and shape of welfare requirements and, in particular, order the seizure of those in the Russian port of the vessel or gruzdrugoj parties.
5. decisions of the Maritime Arbitration Commission ispolnâûtsâstoronami voluntarily. The Commission's decision, not full of storonojdobrovol′no, carried out in accordance with the law and international treaties.
6. the procedure for implementing the security provided pursuant to article 4 of the present Statute, shall be determined by the Chairman of the Maritime Arbitration Commission upon the entry into force eerešeniâ.
7. The Maritime Arbitration Commission at the Chamber of Commerce and industry of the Russian Federation is the successor of the Morskojarbitražnoj Commission at the Chamber of Commerce and industry of the USSR, formed in 1930, and, in particular, the right to settle disputes on the basis of agreements by the parties to submit their disputes to the Commission under the Morskuûarbitražnuû Chamber of Commerce and industry of the USSR.
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