Key Benefits:
A K N
Russian Federation
About International Commercial Arbitration
( The Federal Act of December 3, 2008 N 250-FZ-
Russian Law Assembly, 2008, n 49, st.
5748; Federal Law of December 29, 2015 N 409-FZ-Assembly
Russian legislation, 2016, N 1, article (29)
This Law:
proceeds from the recognition of the usefulness of arbitration style="mso-spacerun:yes"> (referee)
how of the applied method of resolving disputes, of the resulting in
International Trade, and
Complexresolve international Commercial of the in
legally Order;
takes into account about arbitration, contained in
International Treaties of the Russian Federation, style="mso-spacerun:yes"> generic
law, adopted in 1985 by the UN Commission on International Law
trade and approved by the General UN for possible
using States in your legislation.
SECTION I
GENERAL
Article 1: Scope of application
1. This Law applies to international commercial
arbitration, if the place of arbitration is in the territory Russian
Federation. However, Article 8, 9, 35 and
36, apply and when the place of arbitration is for
border.
2. international commercial arbitration can by agreement
sides passed:
disputes from of contractual issues style="mso-spacerun:yes"> and other civil-legal relations,
emerging and Other views
international economic relations, if the business enterprise
at least one of the sides is abroad and
disputes between enterprises s Foreign Investment and International
and organizations, territories
Federation, among style="mso-spacerun:yes"> arguments between their members, are equal to
disputes with other subjects of Russian Federation law.
3. For the purposes of paragraph 2 of this article:
if a party has more style="mso-spacerun:yes"> one business
commercial is considered an enterprise the that has the largest
relation to the arbitration agreement;
if the side does not have business, accepted
account for her permanent residence.
4. This Law does not affect the conduct of any other
Law of the Russian Federation Not
may be passed to the arbitrations or can be passed to arbitration
only in with other than ,
is contained in this Law.
5. If international of the Federation
has different rules, than those that contain in Russian
law Arbitration style="mso-spacerun:yes">
international contract rules.
Article 2. Definitions of terms and rules of interpretation
For the purposes of this Law:
"arbitration" means any arbitration (arbitral tribunal) independent
from is formed by the whether it is specifically for consideration of an individual
business or is implemented style="mso-spacerun:yes">
agency, in style="mso-spacerun:yes"> International commercial arbitration
court or Maritime Arbitration the Trade-Industrial
The Russian Chamber Federation ( I and II to the
Law);
Arbitration Court style="mso-spacerun:yes"> means the sole of an arbitrator or a panel
referees (arbitrators);
"court" means The system
States;
"competent court" means the Russian Federation
specific procedural
Russian Federation (paragraph is entered by by the law from 29
December 2015 g. N 404-FZ-Legislative Assembly
Federation, 2016, N 1, 29, takes effect September 1, 2016
years);
when any location of this Law, except
Article 28, gives the parties the ability to make decisions class="GrameE " > by
given question, by can delegate
a solution to a third person, including an institution
if in any This Law has a reference
that the parties have agreed or that they can agree, or in
any of another form style="mso-spacerun:yes"> has reference to such
agreement includes any arbitration rules,
agreement;
when in any provision of this Law, excluding paragraph
first Articles 25 and 32, paragraph 2, has a reference to a claim, it
also applies to counterclaim, and when there is a [ [ link
for an objection, it applies to an objection to such counterclaim.
Article 3: Receive written messages
1. Unless otherwise agreed by the parties:
any written message style="mso-spacerun:yes"> is received, if
delivered to the addressee personally or to his place of business, to
his habitual residence or postal address; when
not can be set by the intelligent ,
written message is deemed to be received, if it is directed by to
last known Commercial Enterprise
fixed address or mailing address of custom
or any otherwise with registration
attempts to deliver this message;
The message is considered to be received on the day of delivery.
2. This article does not apply to in
court proceedings.
Article 4: Renunciation of the right to objection
If the party is a knows about the position
true Act, from can may be retreating, , or
a requirement of the arbitration agreement, Not
has been observed, and continues to participate in arbitration
trial, No objections to such non-compliance
without undue delay, a if for this target
any period, - the time, it is considered
failed of its right to objection.
Article 5: Scope of court intervention
On questions, controlled present Law, no Judicial
interference should not have any place except when it
is provided in this Law.
Article 6: Authorities for certain functions
arbitration assistance and control
1. in paragraphs 3 and 4, 3
Articles 13 and
Russian Federation Chamber of Commerce and Industry.
2. The functions referred to in article 16, paragraph 3, and in paragraph 2 of the article
34, performed by the Supreme Court of the Republic in the composition of the Russian
Federation, edges, oblast, city court, stand alone
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SECTION II
ARBITRATE AGREEMENT
Article 7. Definition and form of arbitration agreement
1. The arbitration agreement is the transfer agreement in
arbitration of all or certain disputes, that have arisen or can
arise between some specific
legal relationship, regardless of whether it was contractual in nature
or None. Arbitration can be in
arbitration clause in contract or as separate agreement.
2. The [ [ arbitration]] agreement is the written form.
The is considered in in writing, if it
contained in a document, signed by the parties, or path
exchange letters, messages style="mso-spacerun:yes"> or c
using other communications tools to provide commitment
such agreement, , or path statement of claim and feedback
for a claim that one of the parties claims to have an agreement, and
other does not object to this. Link to document,
containing Arbitration a reservation, is an arbitrationagreement
under condition, style="mso-spacerun:yes"> in in writing and data
reference is such that makes the said reservation part of the treaty.
Article 8: Arbitration agreement and presentation
lawsuit on the merits arguing in court
1. The Court, in which the claim is filed on the subject matter
arbitration agreement, must, if either party requests
this no later than the presentation of their first substantive statement
dispute, terminate production and send parties to arbitration if
will not find, that this agreement is not valid, has no effect or
cannot be executed.
2. In the case of a claim referred to in paragraph 1 present
Articles, arbitrations can be started
or continued and the award has been rendered, for the time being aborted
submissiveness waits for permission in court.
Article 9: Arbitration agreement and security
court measures
Accessing the in the or in Arbitration
proceeding with the request for on and
rendering court of the is not
incompatible arbitration Agreement.
SECTION III
OF THREE SUMS
Article 10: Number of arbitrators
1. can to determine the number
arbitrators.
2. If the parties do not define this number, is assigned three
referee.
Article 11. Appointment of arbitrators
1. No person can be deprived of the in
Quality Citizenship, if side not
agreed otherwise.
2. can at their discretion to agree on the procedure
appointment of arbitrator or arbitrators under of the locations
paragraphs 4 and 5 of this article.
3. In the absence of such an agreement:
arbitration with three referees each
one arbitrator, and two arbitrators so appointed style="mso-spacerun:yes"> assign
third arbitrator; if side will not appoint an arbitrator within 30
days upon receipt of this request from the other side or if
referee within 30 days of their appointment o
third referee, at the request of any party, is produced
Theauthority referred to in Article 6, paragraph 1;
arbitration with referee, if is not
contract of arbitrator, any target
is performed by the authority referred to in article 6, paragraph 1.
4. If the target procedure agreed by the parties:
one of the parties does not follow this procedure; or
sides or two may not reach the agreement style="mso-spacerun:yes"> in
compliance with this procedure. or
third person, including creation, does not perform
function assigned to it by this procedure-
Any party may request the authority referred to in paragraph 1. articles
6, take appropriate action, if procedure only
destination does not provide other ways to provide a target.
5. Decision of the authority referred to in article 6 (1), by any
of Issues style="mso-spacerun:yes"> in accordance with the class="GrameE " > c
paragraph 3 or 4 of this article, to appealed. On
target any any Requirements,
considerations that can be provide the assignment of an independent and
dispassionate arbiter, for or
third arbitrator accepts style="mso-spacerun:yes"> also
destination person, that is a citizen
States to which the parties belong.
Article 12: Grounds for challenge of arbitrator
1. In the person accessed the person style="mso-spacerun:yes"> in c
possible appointment as an arbitrator this person must report
any circumstances, that can cause legitimate doubts
relative to its impartiality or independence. Arbiter c
its assignment to the and in the whole
proceedings should report without delay to the sides of any
such circumstances, notify their of these
circumstances earlier
2. The referee can only be declared if
there are circumstances, Calling reasonable doubts
relative to its impartiality or independence, , or if it
not has Qualification, due to parties
party can challenge the arbitrator, that it has assigned or in
target only took part, style="mso-spacerun:yes"> by
which became known to her after his assignment.
Article 13: Procedure for challenge of arbitrator
1. Parties are free to agree on a procedure.
challenge to arbitrator subject to paragraph 3 real
articles.
2. In the absence of such an arrangement a party wishing to do so
challenge arbitrator, must within 15 days after
became known style="mso-spacerun:yes"> court or about any
circumstancesspecified in Article 12, paragraph 2, in writing
inform the arbitral tribunal of motifs challenge. If the referee
challenge reported, does not recuse itself, or other party does not agree
with the challenge, the challenge is decided by the arbitral tribunal.
3. If about the challenge in any procedure,
agreed by the parties, or the procedure in 2
real articles, not satisfaction, party,
can be within 30 days by Get
deviations the body specified in article 6, paragraph 1,
accept decision on The last to
appeals. Request by parties expects permission
arbitral tribunal, including the arbitrator, to which is declared challenge,
continue arbitration the and the arbitration
solution.
Article 14. Termination of power (mandate) of arbitrator
1. In , when the referee turns out to be legally [ [ or
actually unable to perform its functions or otherwise reasons
does not implement without any permissions
(mandate) is terminated, if takes the recusal or party
agree for Termination style="mso-spacerun:yes"> mandate. Other Cases When
differences remain relative to any of these grounds
any party may contact the authority referred to in paragraph 1 of the article
6 to ask for termination of mandate; this solution
is not subject to appeal.
2. The self-challenge of or consent of the party to terminate it
mandate under this article or paragraph 2 of Article 13
not means accepting any of the grounds, mentioned in real
article or article 12, paragraph 2.
Article 15. Replacement of arbitrator
If the arbitrator's mandate terminates on the basis of the
or14, , or because of the the that it takes the recusal for any other reason,
or because of the cancellation of its mandate by the agreement of the parties, all
other termination of his mandate, the other arbiter is nominated by the in
matches with rules that apply to assignment
replacement arbitrator.
SECTION IV
COMPETENT REQUIRED
Article 16. The right of an arbitral tribunal to render
order of expertise
1. can make the order for the own
terms of reference, including any objections to On-hand
or reality the arbitration agreement. For this target
arbitration clause, being part of the treaty, must
to be interpreted as an agreement, depends on
contract. The arbitration court's decision that the treaty is negligible, Not
entails for style="mso-spacerun:yes"> null and void
clauses.
2. The of the court's jurisdiction
can be made no later than the
Assignment of a party to the arbitrator or its participation in the appointment of the arbitrator Not
prevents the party from making this statement.
arbitration exceeds the extent of its competence, must be
has been done, as soon as the question is, in the opinion of the party, exits class="GrameE " > per
these limits, will be delivered arbitration procedures.
The arbitral tribunal may in any of these cases to accept declaration,
one later, if it finds delay justified.
3. The arbitral tribunal may rule on the declaration,
specified in 2 or as in
of a preliminary nature, , or in a decision on the merits of the dispute. If
arbitration to become pre
nature, that it has competence, any party can in
30 days after receipt notices of this order
ask the court, specified in paragraph 2 of 6,
given question; such a No
party request waits for its permission, can
continue the trial and make an award.
Article 17. Power of arbitral tribunal to order
about taking interim measures
Unless otherwise agreed by the parties, The arbitral tribunal can by
request of any party to order any -party
such interim measures in relation to the subject of of the dispute, style="mso-spacerun:yes"> it
considers necessary. The court may require any
side provide appropriate class="GrameE " > such
measures.
SECTION V
TERMS OF ARBITRATION
Article 18. Equal treatment of parties
The sides must be equal relation, , and to each
must be provided by all options for
positions. Article 19. Defining the rules of procedure 1. Subject to the provisions of this Law, can style="mso-spacerun:yes">
arbitration by the arbitral tribunal.
2. The arbitration agreement does not have the [ [ tribunal]] style="mso-spacerun:yes"> can be c
complying with Arbitration
Moot
Authority, granted to the arbitral tribunal, style="mso-spacerun:yes"> includes permissions
for the validity definition, relativity, materiality
significance of any evidence.
Article 20. Place of arbitration
1. Parties may choose on the place
arbitration. In style="mso-spacerun:yes"> arbitration
is determined by the arbitral tribunal in the circumstances of the case, including
convenience factor for side.
2. Notwithstanding paragraph 1 of this article, arbitration
court may, unless the parties agree otherwise, to be elsewhere
where it considers appropriate for the
between arbitrators, hearing witnesses, experts or parties
to examine goods, other property, or documents.
Article 21. Commencement of arbitral proceedings
If the side is not arbitration
Proceedings in a particular dispute starts on a day,
when request style="mso-spacerun:yes"> arbitration of this arbitration style="mso-spacerun:yes"> received
respondent.
Article 22: Language
1. Parties may, at their own discretion, agree on a language or
languages will be Arbitration
trial. No such absence an arbitration tribunal
defines or languages to use class="GrameE " > at
trial. This kind of arrangement or definition, if in
they are not otherwise specified, are for any written declaration
sides, any to the and any award
ruling or other arbitration court message.
2. The tribunal may order to use the volume style="mso-spacerun:yes"> for any
Documentary evidence was accompanied by translation into or
languages, of of which style="mso-spacerun:yes"> or
arbitral tribunal.
Article 23. Claim and Claim Objections
1. Within the time frame agreed upon by the parties or defined
court, plaintiff style="mso-spacerun:yes"> s
supporting its claims requirements, questionable and o
required satisfaction, and the defendant must declare its objections
for these items, unless the sides are [ in
relation required such statements. Parties can
submit with their statements all the documents that they
consider relevant, or can make a reference to documents
or other evidence they will present in the future.
2. If the parties did not agree otherwise, during arbitration
proceeding any party may change or to add
claims or objections to the claim, If only arbitration
court does not consider it inappropriate to allow such a change based
approved delay.
Article 24. Hearing and hearing of documents
1. of any Other of the sides
arbitration accepts do oral
hearing for evidence or oral arguments
or trial only on documents
other materials. However, style="mso-spacerun:yes"> when the parties
didn' t agree to hold oral hearing, arbitration tribunal style="mso-spacerun:yes"> must
hold this hearing style="mso-spacerun:yes"> in
arbitrationproceedings, if any of the parties so request.
2. Parties sufficiently in advance to be
notice of any hearing and any panel session vessels
another style="mso-spacerun:yes"> property or
documents.
3. All statements, documents or other information,
one from parties should be
passed other Parties should be submitted style="mso-spacerun:yes"> any
experts or other documents
probative value, can
based on your judgment.
Article 25. Non-submission of documents or non-appearance
parties
Unless otherwise agreed by the parties, class="GrameE " > without
valid reason:
plaintiff is not style="mso-spacerun:yes"> claim statement like
required according to Article 23, paragraph 1, - tribunal
aborts;
The defendant has no objections to the this action,
in 1 article 23, -the arbitral tribunal
continues the trial, without considering such a [ [ Failure
itself as a recognition of the plaintiff's claims;
any side is not
documentary evidence, - The arbitral tribunal may continue
process and pass the existing
proof
Article 26. Expert appointed by the arbitral tribunal
1. Unless otherwise agreed by the parties, the arbitral tribunal may:
assign one or more Experts for views
report on specific issues to be determined by third-party
court;
require the side of the expert any
related information or for examinations, , or
providing capabilities }
documents, goods, or other property.
2. Unless otherwise agreed by the expert, if
side Requests about or if the court considers
required,
oral conclusion to participate in the hearing, on which to the Parties
gives the ability to set to questions and represent
specialists to testify on points of contention.
Article 27. Support of the court in obtaining evidence
The arbitral tribunal or party with the consent of the arbitral tribunal style="mso-spacerun:yes"> vessels can
to the competent court THE RUSSIAN FEDERATION
assistance in
request, based on rules, regarding
evidence, including letters rogatory.
SECTION VI
CALLING ARBITRATION AND DISCONTINUATION
BILLATION
Article 28. Rules applicable to the substance of the dispute
1. The [ [ arbitration court]] resolves to with the style="mso-spacerun:yes"> such
rights to style="mso-spacerun:yes"> -parties chose as applicable
creature of argument. Any the or system
any of the state style="mso-spacerun:yes">
reference to substantive law this state,
conflict-of-laws rules.
2. In the absence of any indication of the parties the court
uses the right, style="mso-spacerun:yes"> matches with collision-of-laws
rules that it considers applicable.
3. the court accepts style="mso-spacerun:yes"> decision in
compliance with conditions and with trade customs
applicable to this transaction.
Article 29. Delivery of the decision by the panel of arbitrators
In arbitration in the proceedings, by the panel
referees, any court if is not
agreed otherwise, by most arbitrators.
However, procedure questions can to resolve referee, to be
Chair of arbitration vessels, if he is authorized to do so
parties or all other referees.
Article 30. World Agreement
1. If in the arbitration of the { \cs6\f1\cf6\lang1024 } parties
resolve dispute, style="mso-spacerun:yes"> court terminates the trial and by
party request, and if there is no objection, commits
this resolution of in the the award solution for agreed
conditions.
2. The arbitration award on the agreed terms must be
rendered in accordance with the provisions of Article 31 and must contain
on style="mso-spacerun:yes"> is the award.
award has the same force and is subject to execution
like any other arbitration award on the merits of the dispute.
Article 31. Form and contents of award
1. The award should be made in writing
and signed by sole arbitrator or arbitrators.
trial, arbitrators, enough
the existence of signatures of the majority of the members of the arbitral tribunal style="mso-spacerun:yes"> condition
specifying the reason for no other signatures.
2. The award must be style="mso-spacerun:yes"> motifs, to
output style="mso-spacerun:yes"> or Variance
claims, the amount of the arbitration fee and the costs of the case,
distributions between the sides.
3. The award should contain its date and place
arbitration as defined by Article 20, paragraph 1.
The award is deemed to be rendered in this location.
4. After , each party's arbitration award must
to be copied, signed by arbitrators style="mso-spacerun:yes"> in matches c
paragraph 1 of this article.
Article 32. Arbitration of
1. The arbitration is terminated Final
arbitration by decision or court order
rendered in accordance with paragraph 2 of this article. style="font-size: 10.0pt; font-family: ">
2. The court issues to o Termination
arbitration when:
the plaintiff refuses his claim, if only the defendant
not will make objections to
arbitration is not style="mso-spacerun:yes"> recognizes the legitimate of the defendant class="GrameE " > in
final dispute resolution
parties agree to terminate the proceedings;
The tribunal finds, continuation of the trial
is unnecessary or impossible for any reason.
3. The tribunal's tribunal's mandate is terminated class="GrameE " > c
termination of arbitration, without prejudice, however, class="GrameE " > for
article 33 and article 34, paragraph 4.
4. to terminate Arbitration
each side must be a an instance signed
referees in with with 1 1 (para. 4
Federal Act of December 29, 2015 g. N 409-FZ -Collection
Russian legislation, 2016, N 1, article 29, joining
effective September 1, 2016).
Article 33. Correction and interpretation of the decision.
Optional Solution
1. Within 30 days upon receipt of the award if
sides cannot agree on another deadline:
any of sides, this other side, can
ask an arbitral tribunal to correct any of the decisions errors
in calculations, descriptions, or typographical errors or other analogouserrors
;
if the agreement between parties
any of sides, by notifying the other party, can ask
tribunal to interpret any particular of the paragraph style="mso-spacerun:yes"> or
part of the solution.
The arbitration court, if it considers it Please be justified, must in
30 days to make the appropriate patches
or an interpretation. This interpretation becomes a composite parts
arbitral award
2. 30 days, dates
arbitral decision, style="mso-spacerun:yes"> your initiative to correct any
errors specified in paragraph 2 of paragraph 1 of this article.
3. If the sides have not otherwise, any of the party,
notified another side, can 30 days style="mso-spacerun:yes"> by
get award tribunal style="mso-spacerun:yes">
additional solution in requirements
raised in style="mso-spacerun:yes"> in the arbitration
reflected in judgment. Court of Arbitration, if it will consider a request
acquitted, 60 days if it is received
additional arbitration award
4. The arbitral tribunal may extend the period of time, if necessary
within of which he must correct the errors, Interpretation or
make additional award according to
1 or 3 of this article.
5. to use
fixing or interpreting the arbitration of the or in
additional award. 6. In the style="mso-spacerun:yes"> relation fixes or explanations of the award or in the relation additional award, award, Accepted on 5 of this articles
(para. 6 by Federal Act of December 29, 2015) N 409-FZ
Russian Law Assembly, 2016, N 1, st.
29, takes effect September 1, 2016
SECTION VII
ARBITRATE ARBITRATION
Article 34. Motion for Excepting Exception
a challenge tool arbitration award
1. The tribunal's can be contested by the style="mso-spacerun:yes">
only style="mso-spacerun:yes"> cancel class="GrameE " > in
matches paragraphs 2 and 3 of this article.
2. The award can be reversed by the court, specified by in
clause 2 of Article 6, only in the case of if:
1) side, declaring the request cancel, will present
evidence that:
one of the parties to the arbitration agreement specified in the article 7,
was in any of or is an agreement
is not valid according to the law, of which the parties have subordinated it, style="mso-spacerun:yes"> to
absence of this direction-by THE RUSSIAN FEDERATION
it has not been properly notified appointment of the arbitrator
or arbitration or other reasons could not
present their explanations; or
judgement rendered by argument, not for arbitration
agreement or not falling style="mso-spacerun:yes">
questions, output
agreements, however, style="mso-spacerun:yes"> if
covered by the arbitration agreement, can be separate from those
is not covered by this agreement, can be canceled
only the part of the award contains
resolutions on issues not covered by arbitration agreement;
or
Arbitration of the or the procedure is not
matches the agreement of the parties, unless such an agreement Not
contradicts any position style="mso-spacerun:yes">
parties cannot derogate, or in the absence of such an agreement Not
were in compliance with this Law; or
2) The court determines that:
object of argument is not arbitration
proceedings under Russian Federation law; or
arbitration award contrary to public policy class="Gram" "> Russian
Federation.
3. Motion to Cancel cannot be claimed
three months after receipt by the claimant party
arbitral award, in if was Request class="GrameE " > in
matches 33, -from the day of the arbitration court
resolution on this request.
4. The Court, in submitted an application for the annulment of the arbitration
solutions, may, if it considers it appropriate and if this requests
one of the parties to suspend production by
this question, with
ability to resume arbitration or take
other actions, style="mso-spacerun:yes"> vessels, will allow
correct the grounds for cancelling an award.
SECTION VIII
RECOGNITION AND CONDUCATION IN EXECUTION
ARBITRATION DECISIONS
Article 35. Recognition and enforcement
Arbitral award
1. The award, regardless of the country in which it is
was rendered, is required to be submitted to the competent
court written in with
provisions of this article and article 36.
2. Side, -based by of the award or
applying to execute it, must present
must of authenticated original or
must of authenticated copy class="GrameE " > true
arbitration agreement listed in Article 7, or properly
certified copy of this one. If the award is or agreement
language, the party must present
certified translation of these documents into Russian.
3. In the rendering of the Russian Federations
arbitral decision, is not style="mso-spacerun:yes"> executions in
side against which is specified by solution, has
raise objections to recognizing the specified solution in Russian
Federation by style="mso-spacerun:yes"> and procedures that are installed
procedural legislation style="mso-spacerun:yes"> Russian
provided by Federal Law from 29 December N N 409 -FZ -
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024 } Russian Federation Law{ \cs6\f1\cf6\lang1024
} 29,
takes effect September 1, 2016)
Article 36. Grounds for refusal of recognition or
cast execution arbitration award
1. in the execution of the arbitration
solutions, regardless of the country in which it was passed, may
to be denied only:
1) at the request of the party against which it is directed this
party will present to the competent a court, in which is requested
recognition or enforcement, proof that:
one of the parties to the arbitration agreement specified in the article 7,
was in any of or is an agreement
is not valid according to the law, of which the parties have subordinated it, style="mso-spacerun:yes"> to
absence -By law of the country, where the solution was
rendered; or
the party against style="mso-spacerun:yes"> was due
notified or about by arbitration
Proceedings or on other reasons could not present their
explanations; or
judgement rendered by argument, not for arbitration
agreement or not falling style="mso-spacerun:yes">
questions, output
agreements, however, style="mso-spacerun:yes"> if
covered by the arbitration agreement, can be separate from those
is not covered by this Agreement, that part of the arbitration
solutions, in which contains by
covered in of arbitration , can be recognized and
A or
Arbitration of the or the procedure is not
matched with the In or in
corresponded to the law of the country where the arbitration had occurred; or not yet the solution style="mso-spacerun:yes">
cancelled, or suspended by the court style="mso-spacerun:yes"> countries, in
which or in the law of which it was passed;
or
2) if the court finds that:
object of argument is not can be the object of the arbitration
proceedings under Russian Federation law; or
Recognition and enforcement of this arbitration solutions
is contrary to the public policy of the Russian Federation.
2. If in court, specified in paragraph 1 (1) of paragraph 1
real s articles, declared style="mso-spacerun:yes"> request or
suspend execution The award, court, in
requested recognition or enforcement, can, if
thought it appropriate, to postpone the delivery of its decision style="mso-spacerun:yes"> and
also on motion of that the party that is asking for recognition or
casts in execution of the award another
party to provide proper security.
Moscow, House of Russia
7 July 1993
N 5338-I
Annex I
to the Russian Federation Law
" About International Commercial
arbitration" from 7 July 1993
N 5338-I
The International clause commercial
tribunal at Trade-Industrial
House of Russian Federation
1. International commercial arbitration is
self-contained consistently style="mso-spacerun:yes"> the arbitration
(arbitral tribunal) carrying out its activities in accordance
with Russian Law style="mso-spacerun:yes"> Federation international commercial
arbitration".
{ \cs37\b Chamber of Commerce } Russian states
Rules of the International Commercial Arbitration Court style="mso-spacerun:yes"> order
Calculating of an arbitration fee, Fees for arbitrators and others
costs of court, other assistance to its activities.
2. The commercial arbitration can be style="mso-spacerun:yes"> to
party agreement passed:
disputes from of contractual issues style="mso-spacerun:yes"> and other civil-legal relationships
emerging and Other views
international economic relations, if the business enterprise
at least one of the parties to the dispute is abroad and
disputes between enterprises s Foreign Investment and International
and organizations, territories
Federation, among style="mso-spacerun:yes"> arguments between their members, are equal to
disputes with other subjects of Russian Federation law.
Civil-Law relations, disputes can
passed to the commercial commercial
ships, include, in particular, the sales relationship (shipping)
products, perform works, services, and exchange of goods, and (or)
services, transport Goods and of the passengers, Commercial
and Mediation, lease (leasing)
science and technology exchange, sharing other results class="GrameE " > creative
activity, construction of industrial and other objects, licensed
operations, investments, credit transactions, insurance,
joint business and Other forms of Industrial and
enterprise cooperation.
3. Commercial The tribunal takes class="GrameE " > to
its consideration of and disputes, its jurisdiction is in effect
Treaties of the Russian Federation.
4. International commercial arbitration under
Manufacturing room The Russian Federation is
successor of the Arbitration Court at the Chamber of Commerce and Industry USSR,
formed in 1932, , and, in rights to settle disputes
in of the parties ' agreements Arbitration
Court in the Chamber of Commerce and Industry of the USSR.
5. The Commercial Court of Arbitration
is executed by the parties within a specified period of time. If Execution Date
in of the decision is not style="mso-spacerun:yes"> specified it is immediately executed. Not
executed in a lifetime according to c
law and international treaties.
6. Cases to in International
Commercial Arbitration Court, may, upon request
to set the size and form of the requirement.
Appendix II
to the Russian Federation Law
" About International Commercial
arbitration" dated July 7, 1993
N 5338-I
The Maritime Arbitration Commission Regulation
at the Russian Federation Chamber of Commerce and Industry
1. The [ [ award]] of the commission is self-sufficient
fixed arbitration by an institution (the arbitral tribunal),
implementing activity Disputes concerning the Settlement of Disputes
jurisdiction style="mso-spacerun:yes"> 2 of this Position, according to c
Russian Federation Law
arbitration".
{ \cs37\b Chamber of Commerce } Russian states
Orders, Sea The arbitration of the commission, the calculation
arbitration fee, and other expenses
Commission, assisting in its activities.
2. The commission resolves disputes,
of Contract and other civil-legal relations
arising of trade navigation, regardless of whether or not
sides of such relations are Russian and foreign subjects or
only Russian or only Foreign is right. In particular
Marine arbitration style="mso-spacerun:yes"> resolves
relationships:
1) style="mso-spacerun:yes"> ships, shipping of goods, and
multimodal transport (river-sea);
2) on the tug of vessels and other floating objects;
3) on marine insurance and reinsurance;
4 Related from sales, for and marine repair
ships and other floating objects;
5) o pilotage style="mso-spacerun:yes"> and the transaction, agent , and other
shipping, , and Internal navigation vessels,
because the corresponding operations are related to the navigation Courts
By Sea Path;
6) related using for the implementation of scientific
studies, mining, Hydrotechnical and Other
works;
7) style="mso-spacerun:yes"> ships or by the ship style="mso-spacerun:yes"> ships
Internal swimming, style="mso-spacerun:yes"> also on seawater rescue
inland navigation of another inland navigation vessel;
8) related with in the sea of ships and another
properties;
9) Clashes related to the collision of ships, ship and
inland navigation vessel, inland navigation vessels style="mso-spacerun:yes"> in maritime
water, with the vessel of port
constructions, aids to navigation and other objects;
10) related with damage to fishing networks and
other mining tools (catch) water Biological
also with Other harming in an industrial
{ \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 }
{ \cs6\f1\cf6\lang1024 } style="mso-spacerun:yes"> December 2008 g
250-FZ -Collection of Russian legislation, 2008, N
49, 100 5748).
Maritime arbitration style="mso-spacerun:yes">
resolvesarising in connection with the navigation of ships and style="mso-spacerun:yes"> Internal
swimming in international rivers, in cases, specified in present
article, equals disputes, related ships
inland navigation { \cs6\f1\cf6\lang1024
3. The Maritime Arbitration Commission is considering disputes
their on
permission.
The Commission also takes up disputes that parties
must delegate to it international treaties
Russian Federation.
4. The Case to consider the Sea The arbitration
commission, Chairman The Commission may request the of the
set the size and shape of the requirement and, in particular
make order style="mso-spacerun:yes"> arrests on in
Russian port of a vessel or other party's cargo.
5. The decisions of the Maritime Arbitration Commission are executed by the parties
voluntarily. The Commission's decision not voluntarily performed by the party
in execution in Law and International
contracts.
6. The implementation order, provided by on
reason
Locations,Chairman of the Maritime Arbitration Commission on the entry of its decision
legally valid.
7. The } Commercial-Industrial
Russian Federation House is the successor to the Maritime Arbitration
Commission on the Chamber of Commerce and Industry of the USSR, 1930
, , and, in in particular allow to resolve disputes style="mso-spacerun:yes">
sides style="mso-spacerun:yes"> Maritime arbitration
Commission at Chamber of Commerce and Industry of the USSR.