On Arbitration Courts In The Russian Federation

Original Language Title: О третейских судах в Российской Федерации

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102077381


 
 
                      RUSSIAN FEDERATION federal law on tretejskihsudah in the Russian Federation Adopted GosudarstvennojDumoj June 21, 2002 year Approved SovetomFederacii 10 July 2002 (as restated.  Federal law dated July 27, 2010 N 194-FZ-zakonodatel′stvaRossijskoj Federation, Meeting 2010, N 31, art.
4163; Federal law dated February 7, 2011  N-8 FZ-collection of laws of the Russian Federation, 2011, N 7, art.  905;
Federal law dated November 21, 2011  (N) 327-FZ-collection of laws of the Russian Federation, 2011, N 48, art. 6728;
Federal law dated December 29, 2015 N 382-FZ-collection of laws of the Russian Federation, 2016, N 1, art. 2)
 
 
                     ГЛАВАI. GENERAL PROVISIONS Article 1. Sferaprimeneniâ 1 of this federal law. NastoâŝijFederal′nyj Act regulates the formation and operation of the arbitration courts, located on the territory of the Russian Federation.
     2. the arbitral tribunal may by agreement of the parties to the arbitration proceedings (hereinafter also referred to as the parties) be transferred to any dispute arising out of civil legal relations, unless otherwise stipulated in the Federal law.
     3. the nastoâŝegoFederal′nogo the Act does not apply to international commercial arbitration.
     4. If an international treaty of the Russian Federation establishes another procedure for the formation and operation of the arbitration courts than this federal law, the rules of the international treaty shall apply.
 
     Article 2. Osnovnyeponâtiâ used in this Federal′nomzakone in this Federal′nomzakone uses the following concepts: Arbitration Court is a permanent arbitral tribunal or the arbitral tribunal, established by the parties to resolve a particular dispute (hereinafter arbitral tribunal to resolve a particular dispute);
     the arbitrator is an individual chosen by the parties or appointed in soglasovannomstoronami in order to resolve the dispute in an Arbitration Court;
     tretejskoerazbiratel′stvo-the process of resolving the dispute in the Arbitration Court and the decision by the arbitral tribunal;
     tretejskoesoglašenie-agreement on transference of uvam Canal dispute to arbitration court permission;
     the Permanent Arbitration Court rules-statutes, regulations, rules, containing rules of arbitration and approved by the legal entity, unexpired Permanent Court of arbitration;
     pravilatretejskogo proceedings-rules governing the resolution of the dispute in the Arbitration Court, including the rules of the Arbitration Court, the election (appointment) of the arbitrators and the arbitration procedure;
     storonytretejskogo proceedings-Organization-legal persons, citizens, carrying out business activity without establishment of legal entity and individual entrepreneur imeûŝiestatus acquired in accordance with the procedure established by law (hereinafter-the citizens-entrepreneurs), fizičeskielica (hereinafter referred to as citizens), kotoryepred″âvili in the Arbitration Court to protect their rights and interests or who sued;
     the competent court is the Court of arbitration of the Russian Federation for disputes, arbitration courts, the District Court for disputes, the courts of general jurisdiction, in accordance with the jurisdiction established by the arbitral procedure or civil procedural legislation of the Russian Federation.
 
     Article 3. Porâdokobrazovaniâ and arbitration courts 1. In the Russian Federation can be formed the permanent arbitration courts and courts of arbitration to resolve a particular dispute.
     2. Postoânnodejstvuûŝie arbitration courts are formed by Chambers of Commerce, organizers of the trade, carrying out its activities in accordance with the Federal law "about the bid", business and consumer associations, other organizations-legal persons established in accordance with the legislation of the Russian Federation, and ihob″edineniâmi (associations, unions) idejstvuût at these organizations are legal persons (in red.  Federal law dated November 21, 2011 (N) 327-FZ-collection of laws of the Russian Federation, 2011, N 48, art. 6728). Constantly dejstvuûŝietretejskie courts cannot be formed at federal bodies of State power, bodies of State power of the constituent entities of the Russian Federation and bodies of local self-government.
     3. The Permanent Arbitration Court shall be deemed formed where the organization is a legal person: 1) adopted a decision on the formation of the Permanent Court of arbitration;
     2) approved the provision on standing Arbitration Court;
     3) utverdilaspisok of the arbitrators, which can be mandatory or recommendatory nature for the parties.
     4. the organization is a legal entity occupying the Permanent Arbitration Court shall submit to the competent court, exercising the judicial power on the territory, where the Permanent Court of arbitration, a copy of the documents proving the education constantly dejstvuûŝegotretejskogo the Court in accordance with paragraph 3 of this article.
     5. The order of the arbitral tribunal to resolve a particular dispute is determined by agreement of the parties, which cannot be contrary to the provisions of paragraphs 1, 2, 4 and 5 of article 8, paragraph 1 of article 9, article 11, paragraphs 1 and 2 of article 13, article 14 hereof. If the agreement of the parties, the arbitral tribunal order concrete dispute dlârazrešeniâ is not defined, the provisions of articles 8-14 of this federal law.
     6. rules of arbitration shall be determined in accordance with section 19 hereof.
 
     Article 4. Polučeniedokumentov and other materials 1. Documents and other materials shall be sent to the parties as agreed by them and on their specified addresses.
     2. If the parties have not agreed otherwise, todokumenty and other materials are sent to the last known location of the organization which is a party to the arbitration, ilimestu of residence of a citizen-entrepreneur or citizen party to arbitration, by registered letter with acknowledgment of receipt or otherwise providing for the delivery of these documents and fixing materials. Documents and other materials shall be deemed received puts their delivery, while byadresat at this address is not or does not live.
 
     Article 5. Peredačaspora Court of arbitration 1. The dispute may byt′peredan Court of arbitration if there is agreement between the parties to the arbitration agreement.
     2. Tretejskoesoglašenie can be negotiated by the parties in respect of all or certain disputes which have arisen or which may arise between the parties in connection with a particular legal relationship.
     3. Arbitration agreement to resolve the dispute under the contract, the terms of which are defined by one of the parties in the forms or other standard forms and could be accepted by the other party as proposed by acceding to the Treaty as a whole (Treaty of accession), indeed, if such an agreement is concluded after the cause of action and esliinoe not provided by federal law (as amended.  Federal law dated February 7, 2011  N-8 FZ-collection of laws of the Russian Federation, 2011, N 7, art. 905). 4. Tretejskoesoglašenie in respect of a dispute kotoryjnahoditsâ on resolution obŝejûrisdikcii in court or arbitration, may be entered into before a decision is taken by the competent court.
     5. Dispute cannot be passed in the presence of the Court of arbitration in the Treaty of mediativnoj reservation (para 5 was introduced by the Federal law dated July 27, 2010 N 194-FZ-collection of laws of the Russian Federation, 2010, N 31, art. 4163).
 
     Article 6. The rules applied by the Court of arbitration of disputes prirazrešenii 1. The arbitral tribunal shall resolve all disputes on the basis of the Constitution of the Russian Federation, federal constitutional laws, federal laws, normative decrees of the President of the Russian Federation and orders of the Government of the Russian Federation, normative legal acts of the federal bodies of executive power, normative legal acts of the constituent entities of the Russian Federation local self-government bodies, international dogovorovRossijskoj Federation and other normative-legal acts acting on the territory of the Russian Federation.
     2. If an international treaty of the Russian Federation stipulates other rules than those stipulated by the law, the rules of the international treaty shall apply.
     3. the arbitration sudprinimaet judgment in accordance with the terms of the contract, and taking into account the customs of trade.
     4. If the relationship of the parties is not directly uregulirovanynormami law or agreement of the parties and there is no applicable to these relations, custom delovogooborota, the Arbitration Court primenâetnormy law governing similar relations, in the absence of such rules shall settle the dispute on the basis of common principles and sense of laws, other regulatory legal acts.
 
     Article 6-1. Primenenieprocedury mediation a dispute kotoryjnahoditsâ on resolving vtretejskom Court 1. The use of mediation is allowed at any stage of arbitration.
     2. In the case of adoption by the parties of the decision oprovedenii procedure

mediation, either party to the arbitral tribunal shall have the right to submit an application.  The parties must submit to the Court an agreement to conduct mediation concluded in writing and the requirements stipulated by the Federal law "on alternative dispute settlement procedure with the involvement of a mediator (mediation procedure)".
     3. If the arbitral tribunal presented by the agreement referred to in paragraph 2 of this article, the Court shall determine the conduct of the parties to the mediation.
     4. The duration of the mediation procedure is established by agreement of the parties in the manner prescribed by the Federal law "on alternative dispute settlement procedure with the involvement of a mediator (mediation procedure)", and in the definition of arbitration.   This period of arbitration trial is postponed.
     5. Mediativnoesoglašenie, concluded by the parties vpis′mennoj the form according to the results of mediation on the dispute, which is on the resolution of the Arbitration Court may be approved by the Arbitration Court as mirovogosoglašeniâ by the rules established by this federal law.
     (Article 6-1 of the Act of July 27, 2010 vvedenaFederal′nym  N 194-FZ-Sobraniezakonodatel′stva Russian Federation 2010, N 31, art. 4163) chap. II. ARBITRATION AGREEMENT Article 7. Form of arbitration agreement andkeeping 1. Tretejskoesoglašenie shall be in writing, if some form of arbitration agreement is not stipulated by this federal law or other federal law.  The arbitration agreement is in writing if it is contained in a document signed by the parties, or zaklûčenoputem exchange of letters, messages on telex, telegram or other means of electronic or other communications, providing a record of the agreement. The reference in a contract to the document that contains the condition to settle the dispute by arbitration, the âvlâetsâtretejskim agreement provided that the contract is in writing and the reference is such as to make tretejskoesoglašenie part of the Treaty (as amended by the Federal law of November 21, 2011 (N) 327-FZ-collection of laws of the Russian Federation, 2011, N 48, article 6728).
     1-1. the agreement on transference of uvam Canal dispute to arbitration court permission can be included vpravila organized bidding, clearing rules, which are registered in accordance with the legislation of the Russian Federation.  Takoesoglašenie is the arbitration agreement parties organized by the trades, the parties to the contract on tender organized in accordance with the rules of organized trades, or participants in the clearing (punkt1-1 was introduced by the Federal law of November 21, 2011 (N) 327-FZ-collection of laws of the Russian Federation, 2011, N 48, article 6728).
     2. Non-compliance with the rules provided by paragraphs 1 and 1-1 of the present article, the arbitration agreement is unenforceable in future (in red.  Of19 November federal law, 2011.  (N) 327-FZ-collection of laws of the Russian Federation, 2011, N 48, art. 6728). 3. Unless the parties otherwise nedogovorilis′, passing the dispute to the Permanent Court of arbitration permanently acting Court of arbitration's rules are considered as an integral part of the arbitration agreement.
 
                CHAPTER III. COMPOSITION of the ARBITRAL TRIBUNAL Article 8. Requirements for arbitrator 1. Arbitral sud′ejizbiraetsâ (appointed) an individual capable of impartial dispute resolution, not directly or indirectly interested in the outcome of the case, which is independent of the parties and which gave its consent to the execution of the duties of an arbitrator.
     2. The arbitrator resolves the dispute personally, must have higher legal education. In the case of peer dispute the higher juridical education must have a Chairman of the arbitral tribunal.
     3. requirements for the qualification of the arbitrator may be agreed upon by the parties directly iliopredeleny rules of arbitration.
     4. The arbitrator may not be a physical person without full legal capacity or who is under the guardianship or trusteeship.
     5. An arbitrator may be a natural person convicted or against whom criminal prosecution.
     6. The arbitrator cannot be a person whose powers as a judge of the Court of general jurisdiction or arbitration court, lawyer, notary, the investigator, the Procurator or other employee of law enforcement agencies were terminated in accordance with the law for committing misconduct incompatible with his professional activity.
     7. An arbitrator may be a natural person who, in accordance with the egodolžnostnym status opredelennymfederal′nym the law, may not be elected (appointed) by the Conciliating Judge.
 
     Article 9. Čislotretejskih of judges 1. Parties may opredelit′čislo of arbitrators that must be odd.
     2. unless the parties otherwise nedogovorilis′, to resolve a particular dispute are elected (appointed) by three arbitrators.
     3. If the pravilamipostoânno Court of arbitration is not defined, the number of arbitrators shall be elected (appointed) by three arbitrators.
 
     Article 10. Formirovaniesostava Court of arbitration 1. Formation of a sostavatretejskogo Court shall be made by election (appointment) of the arbitrators (the arbitrator).
     2. Standing Court of arbitration of the formation of the arbitral tribunal shall be made in the manner prescribed by the rules of the Permanent Court of arbitration.
     3. In the Court of arbitration for the resolution of a particular dispute, the formation of the arbitral tribunal shall be made in the manner agreed by the parties.
     4. Unless otherwise agreed by the parties, the arbitral tribunal to resolve a particular dispute is performed in the following order: 1) the composition of the arbitral tribunal consisting of three arbitrators, each party elects one arbitrator and the two arbitrators so elected shall select a third arbitrator.
     If one of the parties neizbiraet the arbitrator within 15 days after receiving the request from another party or two selected arbitrators within 15 days after they are electing not to elect the third arbitrator, the dispute in the Arbitration Court shall be terminated and the dispute may be submitted to the approval of the competent court;
     2) if the dispute shall be settled by the arbitration sud′ejedinolično and after treatment of one side to the other with the proposal of the obizbranii of the arbitrator, the parties within 15 days does not elect the arbitrator, the dispute in the Arbitration Court shall be terminated and the dispute may be submitted to the approval of the competent court.
 
     Article 11. Osnovaniâdlâ disqualification of arbitrator arbitrator may be challenged in cases of non-compliance with the requirements provided for in article 8 hereof.
 
     Article 12. Porâdokotvoda arbitrator 1. In the case of kkakomu-or an individual in connection with his possible election (appointment) of the arbitration sud′ejukazannoe person should report the circumstances which are the bases for his otvodav pursuant to article 11 hereof.
     If these circumstances arose during the arbitration, the arbitrator shall without delay inform the parties and declare his rejection.
     2. Party možetzaâvit′ disqualification of elected its arbitrator in accordance with stat′ej11 of this federal law only in the case of esliobstoâtel′stva, which are the bases for disqualification, the party became known after the election of its judges otvodimogotretejskogo.
     3. standing sudeprocedura arbitration the arbitrator can be defined by the rules of the Permanent Court of arbitration.
     4. In the Court of arbitration for the resolution of a particular dispute, the procedure of challenge of the arbitrator may be agreed between the parties.
     5. If the procedure of challenge of the arbitrator is not agreed upon by the parties or is not defined by the rules of the Permanent Arbitration Court, topis′mennoe reasoned statement disqualification of the arbitrator shall be filed by the party within five days after the party was informed that the composition of the arbitral tribunal is formed, and there is a reason for the arbitrator pursuant to article 11 hereof.
     If the arbitrator 13(2)(c) assumes no rejection or the other party does not agree with the withdrawal of the arbitrator, the arbitrator allowed rejection by other arbitrators, forming part of the Arbitration Court, within ten days of receipt of the written reasoned statement and personal levels. the parties. The question of disqualification of arbitrator resolves the dispute, the arbitrator shall be permitted.
 
     Article 13. Prekraŝeniepolnomočij arbitrator 1. The authority of the arbitrator may be terminated by agreement of the parties, the arbitrator determined samootvodom or withdrawal of the arbitration sud′ipo grounds provided for in articles 11 and 12 of this federal law, as well as in the event of the death of the arbitrator.
     2. Polnomočiâtretejskogo judge shall terminate after a decision in a particular case. In cases predusmotrennyhstat′âmi 34-36 of this federal law, the powers of the arbitrator

resume, and then stopped after the Commission proceedings, provided for in the articles.
     3. The bases of dlâprekraŝeniâ authority of the arbitrator by the agreement of the parties, as well as for the recusal of an arbitrator are legal or actual failure of the arbitrator to participate in the consideration of the dispute, other reasons for which the arbitrator is not involved in a dispute during the prolonged period of time.
 
     Article 14. Zamenatretejskogo judge in the event of termination of authority of the arbitrator another arbitrator shall be elected or appointed in accordance with the rules applied in the election or appointment of the arbitrator being replaced.
 
         CHAPTER IV. The dispute settlement expenses VTRETEJSKOM COURT Article 15. Sostavrashodov related to dispute settlement in tretejskomsude 1. Costs associated with the dispute arbitration include: tretejskihsudej fee;
     expenses ponesennyetretejskimi by the judges in connection with participation in the arbitration proceedings, including the costs of proezdak the place of the dispute;
     the amount podležaŝievyplate experts and translators;
     expenses ponesennyetretejskimi by the judges in connection with inspection and study written and veŝestvennyhdokazatel′stv on their whereabouts;
     costs, ponesennyesvidetelâmi;
     the cost of a representative of the party in whose favour the award of the arbitral tribunal;
     naorganizacionnoe costs, material and other maintenance of arbitration;
     other expenses, as defined by arbitral tribunal.
     2. If the rules of the Permanent Court of arbitration has not determined that the parties bear the costs referred to in paragraph 1 of this article, such costs are included in the sostavrashodov of the Permanent Arbitration Court (arbitration fee).
     3. The size of the gonoraratretejskih of judges is determined by the price of the claim, dispute complexity, time spent and arbitration sud′âmina arbitration, and any other relevant circumstances.
     4. Standing Court of arbitration fees of arbitrators is determined by the composition of the arbitral tribunal in accordance with the scale of fees of arbitrators under the rules of the Permanent Court of arbitration, and in the absence of such is subject to the requirements of paragraph 3 of this article.
     5. In the arbitration sudedlâ the resolution of a specific dispute the fees of the arbitrators shall be determined by agreement of the parties, and in its absence-the Arbitration Court to resolve a particular dispute, subject to the requirements of paragraph 3 of this article.
 
     Article 16. distribution costs associated srazrešeniem dispute in the Arbitration Court 1. Raspredelenierashodov related to the resolution of the dispute in the Court of arbitration, Court of arbitration between parties shall be undertaken in accordance with the agreement of the parties, and in its absence-in proportion to the satisfied and rejected the demands.
     2. the cost of oplatuuslug by the representative of the party in whose favour the award of the arbitral tribunal, as well as other expenses related to the arbitration proceeding may be classified according to the decision of the arbitral tribunal on the other side, if a claim for expenses made during the arbitration proceedings and granted by the arbitral tribunal.
     3. Raspredelenierashodov, related to the resolution of the dispute in the Arbitration Court, indicated in a decision or determination of the Arbitration Court.
 
                Chapter v. ARBITRATION Article 17. Kompetenciâtretejskogo Court of Justice 1. Sudsamostoâtel′no arbitral tribunal shall decide on the existence or lack of negokompetencii seen passed on its dispute resolution, including in cases where one of the parties opposed to arbitration on motivuotsutstviâ or invalidity of arbitration agreement.  For this purpose, the arbitration agreement concluded in the form of a clause in the contract, shall be treated as not dependent on other uslovijdogovora.
The conclusion of the arbitral tribunal that the contract containing a reservation is invalid, does not entail effect zakonanedejstvitel′nost′ reservations.
     2. Party vpravezaâvit′ that the Arbitration Court jurisdiction to settle on its dispute before the submission of its first statement on the substance of the dispute.
     3. the party has the right to declare its competence tretejskimsudom is exceeded, if the arbitration subject to arbitration will be the question, consideration provided by the arbitration agreement or kotorogone which may not be the subject of tretejskogorazbiratel′stva in accordance with the Federal law or rules of arbitration.
     4. The Arbitration Court shall consider an application made in accordance with paragraphs 2 and 3 of this article. Based on the results of consideration of a statement by the ruling.
     5. If the arbitral tribunal in considering its competence shall determine the arbitral tribunal had no jurisdiction in a dispute, an arbitral tribunal may not consider the dispute on its merits.
 
     Article 18. Principytretejskogo proceedings Tretejskoerazbiratel′stvo is carried out on the osnoveprincipov of legality, confidentiality, impartiality of arbitrators, the nezavisimostii effect sostâzatel′nostii, equality of the parties.
 
     Article 19. Opredeleniepravil arbitration 1. The Permanent Arbitration Court arbitration in accordance with the pravilamipostoânno of existing tretejskogosuda, if the parties do not agree on the application of other rules of arbitration.
     2. the Arbitration Court to resolve a particular dispute carries out arbitration in accordance spravilami agreed upon by the parties.
     3. Arbitration Rules agreed upon by the parties in accordance with paragraphs 1 and 2 of this article may not be contrary to mandatory provisions of nastoâŝegoFederal′nogo of the Act, without the parties right to agree on specific issues.
     In part, certain parties inconsistent rules permanently acting Court of arbitration's organization and the present Federal law, arbitration rules shall be determined by the arbitral tribunal.
 
     Article 20. Mestotretejskogo proceedings 1. In the Court of arbitration for the resolution of konkretnogospora parties may at their discretion to agree on the place of arbitration.
     Unless the parties otherwise nedogovorilis′, the place of arbitration shall be determined by the arbitral tribunal to resolve a particular dispute in the light of all the circumstances of the case, including the convenience factor for parties.
     2. In the postoânnodejstvuûŝem arbitration place of arbitration shall be determined in accordance spravilami of permanently acting Court of arbitration's.
     If the rules are constantly dejstvuûŝegotretejskogo Court no indication of the place of arbitration or the procedure definition, the place of arbitration is determined by the composition of the arbitral tribunal, taking into account all the circumstances of the case, including the convenience factor for parties.
 
     Article 21. Language (s) of the arbitration 1. Unless the parties agree otherwise, the arbitration shall be conducted in Russian.
     2. a party submitting documents and other materials in the language (s) of the arbitration proceedings, shall ensure their translation.
     3. The arbitral tribunal may require the parties to the translation of documents and other materials in the language (s) of the arbitration trial.
 
     Article 22. confidentiality of arbitration 1. Sud′âne arbitration is entitled to disclose information gained from it in hodetretejskogo proceedings, bezsoglasiâ parties or their successors.
     2. the arbitrator may not be interrogated as a witness on information that he or she has become known in the course of the arbitration.
 
     Article 23. Iskovoezaâvlenie and review the statement of claim 1. The plaintiff presents svoitrebovaniâ in the statement of claim, which is transmitted in writing to the Court of arbitration. A copy of the statement of claim is transferred to the defendant.
     2. The zaâvleniidolžny be specified: 1) date iskovogozaâvleniâ;
     2) the name and location of the organisations which are parties to the arbitration;  surname, name, patronymic, date and place of birth, place of residence and place of employment of citizens, entrepreneurs and citizens, are parties to the arbitration;
     3) obosnovaniekompetencii of the Arbitration Court;
     4) plaintiff's claim;
     5) the circumstances in which the plaintiff bases his claim;
     6) evidence to substantiate the grounds for the claim;
     7) price of the claim;
     8) list of prilagaemyhk statement of claim documents and other materials.
     The claim must be signed by the claimant or his representative.   If the claim is signed by the representative plaintiff, kiskovomu the statement shall be accompanied by a power of attorney or other document certifying the authority of the representative.
     3. Rules of arbitration may be provided for additional requirements to the content of the statement of claim.
     4. the respondent plaintiff and vpravepredstavit′ in the Arbitration Court review on the claim, stating their objections to the claim.
Review on the statement of claim is submitted to the applicant and the vtretejskij Court in the manner and at times prescribed by the rules of arbitration.

     If the rules of the arbitration srokpredstavleniâ the respondent's reply is not defined, then the review is submitted to the first session of the arbitral tribunal.
     5. in the course of the tretejskogorazbiratel′stva party may amend or supplement his claim or objection to the claim.
 
     Article 24. Vstrečnyjisk and setoff 1. The defendant countersued plaintiff vpravepred″âvit′ provided that there is a mutual relation with the requirements of counter-claim plaintiff as well as the assumption that the counterclaim may byt′rassmotren by the arbitral tribunal in accordance with the arbitration agreement.
     2. The counterclaim may be brought during the arbitration proceedings pending a decision by the arbitral tribunal, if the parties have not agreed upon a different period for the presentation of vstrečnogoiska.
     3. Counter iskdolžen meet the requirements of paragraph 2 of article 23 hereof.
     4. the plaintiff vpravepredstavit′ objections to counter-claim in the manner and at times prescribed by the rules of arbitration.
     5. unless the parties otherwise nedogovorilis′, then the defendant vpravev accordance with the civil legislation of the Russian Federation require offsetting the counter-claim with soblûdeniemtrebovanij items 1-4 of this article.
 
     Article 25. Polnomočiâtretejskogo court order prinâtiiobespečitel′nyh measures 1. Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of any party, order any party to such interim measures with respect to the subject matter of the dispute, which it considers necessary.
     2. The arbitral tribunal may require any party to provide appropriate security in connection with such measures.
     3. address of the parties to the competent court a statement on securing the claim and the adoption by the competent sudomobespečitel′nyh measures cannot be regarded as incompatible with the agreement on transference of uvam Canal of dispute in the Arbitration Court or as a waiver of that agreement.
     4. the statement of claim described in provision of arbitration, podaetsâstoronoj to the competent court of the place of arbitration or the location of the property in otnošeniikotorogo can be taken interim measures.
     The statement on securing the claim attached proof of claim to the Court of arbitration, the Arbitration Court definition of interim measures of protection, as well as proof of payment of the State fee in accordance with the procedure and in the amount established by federal law.
     5. The competent court statement on securing a claim covered by the arbitration agreement, and of providing them with definitions on securing the claim or denial of egoobespečenii shall be made in accordance with the established procedure of arbitration or civil procedural legislation of the Russian Federation.
     6. Definition of ensuring claim covered by the Arbitration Court may byt′otmeneno by a competent court, made this determination, pozaâvleniû one of the parties. The decision of the Arbitration Court to dismiss claims is the reason for the cancellation of the competent court for interim measures.
 
     Article 26. Each party should provide evidence to prove those circumstances to which it refers both to support its claims and objections.
The arbitral tribunal may, if it deems the evidence insufficient, invite the parties to submit additional evidence.
 
     Article 27. Učastiestoron in the session of the arbitral tribunal 1. Each storonedolžny be given equal opportunity to present its position and defend their rights and interests.
     2. unless the parties agree otherwise, the arbitration shall be carried out in the session of the arbitral tribunal with the parties or their representatives.
     3. The Parties shall byt′zablagovremenno notice of the time and place of the session of the arbitral tribunal. Ukazannoeuvedomlenie directed and shall be served in the manner provided for in article 4 hereof.
     Unless the parties otherwise nedogovorilis′, copies of all documents and other materials, and takžeinaâ information submitted to the arbitral tribunal by one party shall be transmitted by the arbitral tribunal to the other party. Expert opinions, on which an arbitral tribunal bases its decision shall be transmitted by the arbitral tribunal to the parties.
     4. If the parties to the nedogovorilis′ otherwise, the arbitral tribunal considers the case in closed session.
 
     Article 28. Posledstviânepredstavleniâ parties documents iinyh materials or non-appearance of the parties 1. Nepredstavleniedokumentov and other materials, including failure to appear at the tretejskogosuda meeting of the parties or their representatives, duly notified about the time and place of the session of the arbitral tribunal, are not an obstacle to arbitration and a decision by the arbitral tribunal, if the cause of failure to submit documents and other materials ilineâvki parties at the session of the arbitral tribunal recognized them invalid.
     2. objection to the respondent of the claim cannot be regarded as a recognition of the claims of the plaintiff.
 
     Article 29. Iprovedenie 1 the examination appointment. If the parties nedogovorilis′ otherwise, the arbitral tribunal may appoint an examination for the purpose of explaining the dispute emerging issues that require special knowledge, and require any of the parties to provide the necessary for the examination of documents and other materials or items.
     Unless the parties otherwise nedogovorilis′, sudmožet arbitration to appoint one or more experts.
     2. Unless otherwise agreed by the parties, Mr. expert, and takževoprosy, which should be clarified during the examination, shall be determined by the arbitral tribunal, taking into account the views of the parties.
     3. Unless otherwise agreed by the parties, the arbitral tribunal allocates the expenses incurred during the examination, in accordance with article 16 hereof.
     4. the Èkspertnoezaklûčenie shall be submitted in writing.
     5. Unless otherwise agreed by the parties, the expert provided that this prositlûbaâ of the parties or the arbitral tribunal considers it necessary, shall, after the conclusion of the predstavleniâèkspertnogo to participate in the session of the arbitral tribunal, where parties and arbitrators is available vozmožnost′zadavat′ the expert questions related to expertise and expert advice.
 
     Article 30. Protokolzasedaniâ arbitral tribunal unless the parties have agreed otherwise, the Arbitration Court are conducted in the meeting Protocol.
 
                CHAPTER VI. DECISION of the ARBITRAL TRIBUNAL Article 31. Bound by the decision of the arbitration court agreement zaklûčivšietretejskoe parties assume the obligation voluntarily obey the decision of the arbitral tribunal. the parties and the arbitral tribunal shall make every effort to ensure that the decision of the arbitral tribunal was legally enforceable.
 
     Article 32. Prinâtierešeniâ arbitral tribunal 1. After examination of the circumstances of the case the arbitral tribunal by a majority of arbitrators comprising the arbitral tribunal makes a decision.
     The decision is declared vzasedanii of the Arbitration Court.  The arbitral tribunal may declare only the Resolutive part of the solution.  In this case, if the parties do not soglasovalisrok for directions, the reasoned decision rešeniedolžno be dispatched to the parties in a period not exceeding 15 days from the date of announcement of the operative part of the decision.
     2. The arbitral tribunal may, if it considers it necessary, to postpone a decision and call the parties to a further meeting subject to the provisions of paragraph 3 of article 27 of the present Federal law.
     3. at the request of the parties, the arbitral tribunal shall decide on the approval of the settlement agreement, if a settlement agreement is not contrary to the laws and other normative legal acts and does not violate the rights and lawful interests of other persons.  The contents of the settlement agreement is set out in the decision of the Arbitration Court.
     4. the decision of the Arbitration Court shall be deemed to be adopted in place of arbitration and the day when it signed the arbitrators within the composition of the arbitral tribunal.
 
     Article 33. Form andkeeping the arbitral tribunal 1. Decision tretejskogosuda set forth in writing and signed by the tretejskimisud′âmi within the composition of the arbitral tribunal, čisletretejskim Judge dissenting opinion. Dissenting opinion of the arbitrator shall be attached to the decision of the Arbitration Court.
If arbitration is carried out collectively, the decision may be signed by a majority of arbitrators comprising the composition of the arbitral tribunal, provided the excuse of lack of signatures of other arbitrators.
     2. the decision of the arbitral tribunal should byt′ukazany: 1) decision date, determined in accordance with paragraph 4 of article 32 of this federal law;
     2) place of arbitration as determined in accordance with article 20 of this federal law;
     3) composition of tretejskogosuda and its formation;
     4) the name and location of the organisations which are parties to the arbitration;  surname, name, patronymic, date and place of birth, place of residence and place of employment of citizens, entrepreneurs and citizens, are parties to the arbitration;
     5) obosnovaniekompetencii of the Arbitration Court;
     6) requirements of the plaintiff and the defendant's objections, motions of the parties;

     7) the circumstances established by the arbitral tribunal, the evidence on which the conclusions of the arbitration obètih circumstances, laws iinye regulations, which guided the arbitral tribunal when making the decision.
     Resolute čast′rešeniâ must contain the conclusions of the Arbitration Court to grant or reject each of the alleged claim. In the operative part, you specify the amount of the costs associated with the dispute arbitration, distribution of the costs between the parties and, if necessary, date and manner of execution of the decision.
     3. After prinâtiârešeniâ each side must be handed over or sent to an instance of a decision issued in accordance with paragraph 1 of this article.
 
     Article 34. Additional decision 1. Unless the parties otherwise nedogovorilis′, either party, with notice to the other party, may, within 10 days after receipt of the decision of the arbitral tribunal to apply the same arbitral tribunal a statement of acceptance of dopolnitel′nogorešeniâ in respect of claims that were filed during the arbitration proceedings, however, were not reflected in the decision.  The specified statement should be within 10 days after receiving it considered the composition of the arbitral tribunal, allowing the dispute.
     2. Based on the results of the consideration of the relevant declaration was adopted an alternative solution that âvlâetsâsostavnoj part of the arbitral award or determination to reject allegations of taking further action.
 
     Article 35. Raz″âsnenierešeniâ 1. Unless otherwise agreed by the parties, either party, with notice to the other party, may, within 10 days after receiving the decision of the Arbitration Court of appeal in the žetretejskij Court for clarification of the decision.  Statement of clarification of the decision shall be reviewed within 10 days after its receipt of the composition of the arbitral tribunal, allowing the dispute.
     2. The arbitral tribunal shall have the right to explain its decision, without changing its content.
     3. following the examination of the application shall be made by a on clarification of solution, which is an integral part of the decision of the arbitral tribunal, or the definition about refusal to explain the decision.
 
     Article 36. Ispravlenieopisok, misprints, arithmetic errors 1. Sudvprave arbitration, upon application of any party or on its own initiative to correct clerical mistakes typos, arithmetical errors.
     2. Concerning the correction of mistakes, misprints, arithmetic errors, the Arbitration Court shall determine, which is an integral part of the solution.
 
     Article 37. Opredelenietretejskogo Court on matters not affecting the merits of the dispute, the arbitral tribunal shall determine.
 
     Article 38. Prekraŝenietretejskogo trial arbitral tribunal vynositopredelenie on the termination of arbitration in cases where the plaintiff refuses to their requirements, unless the defendant expresses objections to ending the tretejskogorazbiratel′stva in respect of a legal interest in the razrešeniispora on the merits;
     the parties reached an agreement on the cessation of the arbitration;
     vynesopredelenie arbitral tribunal arbitral tribunal had no jurisdiction to settle the dispute resolution;
     the arbitral tribunal decided on approving a written settlement agreement;
     Organization âvlâûŝaâsâstoronoj arbitration, liquidated;
    citizen-entrepreneur or citizen, who is a party to the arbitration, died or declared dead ilipriznan missing;
     has entered into legal force, adopted on sporumeždu the same parties concerning the same subject and on the same osnovaniâmrešenie the Court of general jurisdiction of the arbitral tribunal or the arbitral tribunal.
 
     Article 39. Hranenierešenij and 1. Tretejskogosuda solution to resolve a particular dispute within one month after its adoption is sent together with the materials of the case for storage in a competent court.
     2. If the pravilamipostoânno Court of arbitration is not defined otherwise, the standing arbitration court case is filed in this Court within five years from the date of the decision.
 
          Chap. VII. CONTESTATION of the DECISION of the ARBITRATION COURT (chap. VII (arts. 40-43) will lose force on 1 September 2016goda on the basis of the Federal law of December 29, 2015  N 382-FZ-collection of laws of the Russian Federation, 2016, N 1, art. 2) article 40. Osparivanierešeniâ arbitral tribunal, the competent court if tretejskomsoglašenii not provided that the decision of the Arbitration Court is final, the rešenietretejskogo of the Court may be challenged by participating in the party by filing an application for rescission of the decision to the competent court within three months from the date of receipt by the party, the complainant, the decision of the Arbitration Court.
 
     Article 41. Porâdokosparivaniâ arbitral tribunal Porâdokosparivaniâ the decision of the Arbitration Court in the competent court, rassmotreniâkompetentnym court statements for rescission of the decision of the arbitral tribunal and decision (definitions) obudovletvorenii or denial of the application shall be determined by an arbitration procedure or civil procedural legislation of the Russian Federation.
 
     Article 42. Osnovaniâdlâ cancellation of the decision of the Arbitration Court Rešenietretejskogo court may be set aside by the competent court only in cases if: 1) the party submitted its application for rescission of the decision of the arbitral tribunal, furnishes proof that: arbitration soglašenieâvlâetsâ null and void on the grounds provided by the nastoâŝimFederal′nym Act or other federal law;
     rešenietretejskogo Court handed down over a dispute not contemplated by the arbitration agreement or not within podego conditions, or contains decisions on matters beyond the scope of the arbitration agreement. Tretejskogosuda, if the decisions on matters covered by the arbitration agreement may be separated from rulings on issues that such neohvatyvaûtsâ may be set aside only the čast′rešeniâ kotoraâsoderžit of the Arbitration Court, the rulings on issues not covered by the arbitration agreement;
     composition of the arbitral tribunal or arbitration does not comply with the provisions of articles 8, 10, 11 or 19 of this federal law;
     the party against whom the decision tretejskogosuda, had not been properly notified of the election (appointment) of the arbitrators or the time and place of the session of the arbitral tribunal or was otherwise unable to present his case to the Arbitration Court;
     2) competent sudustanovit that: a dispute considered by the arbitral tribunal in accordance with the Federal law may not be the subject of arbitration proceedings;
     tretejskogosuda decision violates the fundamental principles of Russian law.
 
     Article 43. Posledstviâotmeny the decision of the Court of arbitration in the event of cancellation of the decision of the Arbitration Court sudakompetentnym any of the parties may, in accordance with the arbitration agreement, apply to the Court of arbitration.  However, if the decision of the Arbitration Court overturned wholly or partly due to the invalidity of the arbitration agreement or because the decision was made in a dispute not contemplated by the arbitration agreement, the plug falling within its terms or contains decisions on matters not ohvatyvaemymtretejskim agreement, the relevant dispute further consideration in the Arbitration Court.
 
          Chap. VIII. PURSUANT to the DECISION of the ARBITRATION COURT (chap. VIII (articles 44-46) will lose force on September 1, 2016 Godana under federal law from December 29, 2015  N 382-FZ-collection of laws of the Russian Federation, 2016, N 1, art. 2) article 44. Line with the decision of the arbitral tribunal 1. The decision of the Arbitration Court shall be executed voluntarily divested and terms set out in this decision.
     2. If the Court term rešeniitretejskogo not selected, toono is subject to immediate execution.
 
     Article 45. enforcement of arbitral tribunal 1. If the decision of the arbitral tribunal is not ispolnenodobrovol′no within the prescribed time-limit, toono enforceable.
Enforcement of decisions of the tretejskogosuda is carried out according to the rules of Executive proceedings, applicable at the time of execution of the decision of the arbitral tribunal, the competent court on the basis of the writ of execution to enforce the decision of the Arbitration Court (hereinafter referred to as the writ).
     2. An application for a writ of execution is filed with the competent court by the party in whose favour it was decided.
     3. The statement of vydačeispolnitel′nogo sheet attached: 1) the original or kopiârešeniâ arbitration.  A copy of the judgment of the Permanent Court of arbitration shall be certified by the Chairman of the arbitral tribunal, a copy of the decision of the Arbitration Court to resolve a particular dispute should be notarized;
     2) original or kopiâtretejskogo agreement concluded in accordance with the provisions of article 7 of the present Federal′nogozakona;
     3) documents certifying the payment of State pošlinyv order and amount established by federal law.
     4. a statement of the vydačeispolnitel′nogo worksheet may be filed not later than three years from the date of expiration for voluntary execution of the arbitral award.
     5. An application for a writ of execution, which was

Filed under over the deadline either to which were not accompanied by the necessary documents, be returned by the competent court without consideration of the definition that čemvynositsâ notbe appealed in the manner prescribed by the arbitral procedure or civil procedural legislation of the Russian Federation.
     6. the competent court may restore a term for filing applications for writ of execution, if will find reasons to skip a specified term of respect.
     7. statement by the writ of ovydače is seen by the judge of the competent court are solely sodnâ within one month of receipt of an application to the competent court.  About the time and place of the said Declaration shall be notified to the parties, but the absence of the parties or of one party does not constitute an obstacle to the consideration of the application.
     8. According to the results of consideration of applications for writ of execution, the competent court shall determine ovydače writ of execution or refusal to issue a writ of execution.
     Opredeleniekompetentnogo Court of Justice writ of extradition shall be subject to immediate execution.
     9. Opredeleniekompetentnogo an extradition court writ of execution or refusal to issue a writ of execution may be appealed in the manner prescribed by the arbitral procedure or civil procedural legislation of the Russian Federation.
 
     Article 46. Osnovaniâdlâ refusing to issue a writ of execution 1. When considering applications for writ of execution, the competent court may not examine the circumstances established by the arbitral tribunal or review a decision by the arbitral tribunal to the merits.
     2. the competent court shall issue a ruling on refusal to issue a writ if: 1) the party against whom the decision was made to the arbitral tribunal, the competent court to present evidence that: tretejskoesoglašenie âvlâetsânedejstvitel′nym, including on the grounds stipulated in article 7 of this federal law;
     decision tretejskogosuda adopted over a dispute not contemplated by the arbitration agreement or nepodpadaûŝemu under its terms, or it contains decisions on matters beyond the scope of the arbitration agreement.  If the decisions of the arbitral tribunal on issues ohvatyvaemymtretejskim agreement, can be separated from those not covered by the takimsoglašeniem, to issue a writ of execution to enforce the part of the arbitral award that contains decisions on matters covered by the arbitration agreement cannot be denied;
     composition of the arbitral tribunal or arbitration does not comply with the requirements of articles 8, 10, 11 or 19 of this federal law;
     party against whichwas made the decision of the arbitral tribunal has not been duly notified of the election (appointment) of the arbitrators or the time and place of the meeting tretejskogosuda or was otherwise unable to present his case to the Arbitration Court;
     2) competent sudustanovit that: the dispute may not be subject to arbitration in accordance with federal law;
     rešenietretejskogo Court violates the fundamental principles of Russian law.
     3. In the case of vyneseniâkompetentnym the Court determining the refusal to issue a writ of execution, the parties are entitled, in accordance with the arbitration agreement apply to the arbitral tribunal or competent court in compliance with the rules of jurisdiction and jurisdiction, except for the cases stipulated by this federal law stat′ej43.
 
                CHAPTER IX final provisions Article 47. The managed entry of this federal law 1. NastoâŝijFederal′nyj law shall enter into force on the day of its official publication.
     2. from the day vstupleniâv force of this federal law shall be declared null and void: Annex N 3 kGraždanskomu procedure code of the Russian Federation (Gazette of the Supreme Soviet of the RSFSR, 1964, N 24, art. 407);
     postanovlenieVerhovnogo Council of the Russian Federation from June 24, 1992 N 3115-(I) approving the provisional regulations on the Arbitration Court for resolving economic disputes "(records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 30, art. 1790);
     Article 1, paragraph 7 Federal law dated November 16, 1997 N 144-FZ "about entry of changes and additions in the laws and other legal acts of the Russian Federation in connection with the prinâtiemFederal′nogo of the Constitutional Act on arbitration courts in the Russian Federation" and the arbitration procedure code of the Russian Federation "(collection of laws of the Russian Federation, 1997, no. 47, art. 5341).
     3. invite the President of the Russian Federation and to entrust the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
 
     Moscow, Kremlin, N July 24, 2002 102-ФЗ