Key Benefits:
RUSSIAN FEDERATION
FEDERAL LAW
About arbitration courts in the Russian Federation
Adopted by the State Duma style="mso-spacerun:yes"> June 21, 2002
Approved by the Federation Council style="mso-spacerun:yes"> 10 July 2002
(in the [ [ Federal Law]] of the [ [ Federal Law]]) 27 Jul 2010 N 194-FZ
Assembly Legislation of the Russian Federation, 2010, N 31, st.
4163; Federal Law of 7 February 2011 N 8-FZ-Assembly
legislation Russian Federation, 2011, N 7, st. 905;
Federal Law style="mso-spacerun:yes"> 21 November 2011 N 327-FZ-Assembly
legislation Russian Federation, 2011, N 48, st. 6728;
Federal Law style="mso-spacerun:yes"> 29 December 2015 N 382-FZ-Assembly
Russian legislation, 2016, N 1, article 2)
CHAPTER I. GENERAL
Article 1: Scope of this Federal Law
1. This Federal Law regulates the order of education
and of The Arbitration Activities style="mso-spacerun:yes">
Russian Federation.
2. The tribunal may be " by agreement of the parties
litigation (also) to be passed to the any argument
resulting from civil legal relations, if not otherwise installed
federal law
3. This Federal Law does not apply to
for international commercial arbitration.
4. If international of the Federation
fixed different order activities
ships, the provided by the By Federal Law,
rules of international contract apply.
Article 2. Basic concepts used in this
Federal Law
This Federal Law uses the following basic
concept:
tribunal - court or
arbitral tribunal, educated for the of the specific
dispute (hereafter referred to as the arbitral tribunal to resolve a particular dispute);
The referee is an individual, selected or
Assigned in an agreed order for permission dispute
in arbitration court;
arbitration procedure -
arbitration court and decision by the arbitral tribunal
arbitration agreement agreement of the parties to submit the dispute to
permission of the arbitration court;
rules always court of arbitration -
provisions, rules, containing of the arbitral rule
Proceedings and Approved organization-legal person,
formed permanent third-party court;
of the arbitration - rules, regulatory
dispute resolution order in the court, including the rule
arbitral tribunal, election (s) Judges
and arbitration procedure;
of the arbitration - -
legal faces, citizens, entrepreneurs
without Education style="mso-spacerun:yes"> legal faces and status
individual entrepreneor, purchased in
law (hereinafter-citizens-entrepreneurs), natural persons
(hereinafter referred to as citizens), tribunal
{ \cs6\f1\cf6\lang1024}Protect their rights and interests, or they are sued;
competent court - Russian
Federation of Disputes, attached to arbitral tribunals, District
court on disputes, jurisdictions, in
compliance with The jurisdiction, of the arbitration
procedural or Civil procedural
Russian Federation.
Article 3: Procedures for the formation and operation of arbitral tribunals
1. Russian can form at all times
valid arbitration courts style="mso-spacerun:yes"> and referers for permissions
specific dispute.
2. Constantly-acting arbitral tribunals form
chamber, by trade,
activity in Federal
organized trades, public associations
entrepreneurs and consumers, other organizations-legal
faces, created in the Russian legislation
Federation, and their associations (associations, unions) and act
with of these organizations style="mso-spacerun:yes"> - legal persons (inFederal
Act of 21 November 2011 N 327-FZ- Legislation Collection
Russian Federation, 2011, N 48, st. 6728)
Permanent arbiters cannot be formed
Federal organs style="mso-spacerun:yes"> public authorities
State authorities of the constituent entities of the Russian Federation style="mso-spacerun:yes"> bodies
local government.
3. The refered is considered
learned when an organization is a legal entity:
1) accepted style="mso-spacerun:yes"> continuously
arbitral tribunal
2) approved style="mso-spacerun:yes"> current
court;
3) approved the judges, who can can
Mandatory or recommendatory for the parties.
4. - the legal person, formed at all times
effective tribunal, directs to the competent court,
exercising the judiciary in the territory, where is located
continuously effective court, copies of documents,
evidence of an ongoing third-party
court according to paragraph 3 of this Article.
5. Court Order of for permissions
specific of dispute is defined by by agreement of the parties, that is not
may contravene paragraphs 1, 2, 4 and 5 of Article 8, paragraph 1 s 9, Articles 11, 1 , and 2 Article 13, true federal law. If in the order
tribunal's specific dispute
undefined, applies 8-14
Federal Law
6. The rules of the arbitration are defined in
compliance with Article 19 of this Federal Law.
Article 4: Retrieving documents and other materials
1. and other materials are sent to by in
agreed between them and their addresses.
2. If the sides did not agree otherwise, documents and
other is directed to The last known
finding out of the organization, being the party
procedure, , or where the residence of the citizen of the entrepreneor
or a citizen being a party to the arbitral tribunal Proceedings,
registered mail with notification or other way
providing commit delivery of documents and
materials. Documents and other materials received per day
delivery, although would not be addressees or not
living.
Article 5: Transmission of the dispute to the consent of the arbitral tribunal
1. The dispute may be referred to the arbitration court
presence of an agreement between the parties to the arbitration agreement.
2. The can be wrapped by parties in
relation of all or certain disputes that have occurred or Can
arise between by the sides style="mso-spacerun:yes"> with specific
legal relationship.
3. The agreement of the arbitration agreement on the style="mso-spacerun:yes"> a contract,
conditions defined by one of the sides in forms or Other
standard forms and could be accepted by the other side, not otherwise
, as a way to attach to the proposed treaty in the whole (contract
attach), indeed, if is reached
after the cause of the claim, and if otherwise
is provided by federal law (in the Federal Act) 7
February 2011 N 8-FZ - Law Russian
Federation, 2011, N 7, article 905)
4. The arbitration agreement for the dispute,
for permission in court of general jurisdiction or arbitral tribunal, can
be entered into before a decision is made by a competent court.
5. The dispute cannot be submitted to the court of the court
with in medative clause of ( 5 style="mso-spacerun:yes">
Federal Law of 27 July 2010 N 194-FZ - Meeting
Laws of the Russian Federation, 2010, N 31, article 4163).
Article 6: Rules applied by the arbitral tribunal
when resolving disputes
1. The court resolves disputes on the basis of the Constitution
Russian Federation, federal laws,
federal laws, Presidential decrees of the President
Federation and rulings Federation governments
Regulatory Legal Acts style="mso-spacerun:yes"> federal executive
Russian Federationpower, regulations and legal acts
local self-government bodies, international treaties of the Russian Federation
Federation and Other legal s
Russian Federation territory.
2. If international of the Federation
set different rules, then
rules of international contract apply.
3. The arbitral tribunal shall make its decision in accordance with the terms of
contract and taking into account the customs of the business turnover.
4. If the parties ' relations are not directly regulated by law
or agreement of the parties and is not applicable to by this relationships
business turnover, arbitral tribunal applies rules of law,
regulatory similar rules
resolves argument, style="mso-spacerun:yes"> from started and the meaning of laws, other
Stats.
Article 6-1. Application of the mediation procedure to the dispute,
with permission
in arbitration court
1. The mediation is allowed at any stage
arbitration procedure
2. If the parties took the decision to conduct the procedure
mediation any from the parties have the right to declare to court
corresponding motion. This side should present
court agreement on holding mediations, to
writing form and requirements, provided
Federal Law " About alternative for the settlement
disputes involving mediation (mediation procedure) ".
3. In the case, if the arbitral tribunal has the agreement,
specified in of paragraph 2 of this Articles, the court issues a definition
mediation by parties.
4. of the procedure for is set to
agreement of the parties in the order, established by the Federal Law " About
alternative procedure disputes with participation
( the mediation) ", and in in the definition
arbitral tribunal . On the arbitration
deferred.
5. Mediative agreement, signed by the parties in writing
form of to perform mediations in relation
argument, that is a can be resolved in an arbitration court,
to be approved by the arbitral tribunal as a global agreement
rules established by this Federal Law.
(Article 6-1 introduced by Federal Law of July 27, 2010 style="mso-spacerun:yes"> N
194-FZ -Collection of Russian legislation, 2010, N
31, st. 4163)
CHAPTER II. THREE AGREEMENT
Article 7. Form and content of the arbitration agreement
1. The arbitration agreement shall be in writing, if
other of form style="mso-spacerun:yes">
Federal by law or other by law. The arbiter
agreement is considered in in writing, if it
is contained in a document signed by the parties or signed by
exchange letters, messages style="mso-spacerun:yes"> Teletype
using Other or other links
committing style="mso-spacerun:yes"> conventions. Contract Reference
document containing clause of style="mso-spacerun:yes"> the permission
arbitration court, is an arbitration agreement provided that
contract in written form and by this
makes the arbitration agreement part of the contract style="mso-spacerun:yes"> Federal
Act of 21 November 2011 N 327-FZ- Legislation Collection
Russian Federation, 2011, N 48, st. 6728)
1-1. The dispute resolution of permission of arbitration
can be included in the rules of organized trades, rules
cleared, which registered in
Russian Federationlegislation . This agreement is
arbitration agreement Benders organized by
contract, of concluded on organized tenders according to
rules for organized trading, or clearing participants (item 1-1
was introduced by the Federal Act of November 21, 2011. N 327-FZ-Assembly
Russian legislation, 2011, N 48, article 6728)
2. The non-compliance with the rules, of items 1 and 1 to 1
true article, the arbitration agreement is an unincarcerated (in
Fred. Federal Act of November 21, 2011 style="mso-spacerun:yes"> N 327-FZ-Assembly
Russian legislation, 2011, N 48, article 6728)
3. Unless otherwise agreed by the parties, when the dispute is submitted
in continuously effective constant
current of arbitration discuss in quality
integral part of arbitration agreement.
CHAPTER III. COMPOSITION OF THE THREE SUDAN
Article 8: Arbitrating Judge Requirements
1. The arbitrator shall be elected (appointed) a natural person,
able to provide impartial resolution of the dispute style="mso-spacerun:yes"> or
indirectly uninterested in the outcome of the case, independent
from side and consent to fulfillment of duties of arbitration
referee.
2. The arbitration judge, which allows the dispute alone, must have
higher legal education. In the case of collegiation permissions
dispute over legal Education must have chair
composition of the arbitration court.
3. Qualification of the arbitral tribunal,
Approved style="mso-spacerun:yes"> sides directly or defined
arbitration rules
4. may not be physical
fully qualified or composed of or
guardianship.
5. The arbitrator may not be a physical person
conviction or criminal liability.
6. The arbitrator may not be a natural person, authority
which in the quality of the general court or arbitration judges
court, lawyer, notary, Attorney, or Other
law enforcement ends in
by law in the commission of [ [ misconduct]],
incompatible with his professional activity.
7. The arbitrator may not be a natural person, in
compliance with its official status, defined by the federal
by law, cannot be elected by arbitration judge.
Article 9: Number of arbitrators
1. Parties can determine the number of the referees
must be odd.
2. If the parties did not agree on other, permissions
a specific dispute is elected (appointed) three arbitrators.
3. If the rules of the permanent arbitration of the court are not
number of arbitrators, are elected (nominated) three
arbitrators.
Article 10: Formation of the arbitral tribunal
1. Formation of the Court of Arbitration is produced by
electing arbitrators (arbitrators).
2. The acting court formation
tribunal's style="mso-spacerun:yes">
rules of permanent arbitration court.
3. The tribunal's permission style="mso-spacerun:yes"> spores
formation of composition in in order,
agreed by the parties.
4. If the parties did not agree on otherwise, style="mso-spacerun:yes"> formation
tribunal's style="mso-spacerun:yes">
is done in the following order:
1) whenever you create a composition of the arbitral tribunal, made up of
three arbitrators, each side elects one Third Arbitration
judge, a two the referee judges elect
third arbitrator.
If one of the parties does not elect an arbitral tribunal within the 15
days after receiving this from Other or two
selected referee 15 days after their election not
Elect Third style="mso-spacerun:yes">
arbitral is terminated by the and this argument can be passed to
permission of the competent court;
2) if by the arbitral tribunal alone
and after one side address to another with a proposal for election
Judge Judge style="mso-spacerun:yes"> days is not Elects
Judge, style="mso-spacerun:yes"> the tribunal
ends and style="mso-spacerun:yes"> can be passed to permission
competent court.
Article 11. Grounds for challenge of an arbitral tribunal
arbiter Judge can be in
non-compliance requirements, 8
Federal Law
Article 12: Procedure for disqualification of an arbitral tribunal
1. In the case of an application to a natural person in connection with
possible (appointment) by the arbitral tribunal
should tell the circumstances
to withdraw it under Article 11 Present
Federal Law
In the case, if circumstances occurred
The referee without
delay reporting to parties and recuse themselves.
2. A Party may declare an award to the arbitral tribunal elected by it
in in accordance with article 11 of this Federal Law only
in the case, if the circumstances, the reasons for the challenge,
became known to the side of the
referee.
3. The arbitral tribunal's constant
Judge style="mso-spacerun:yes"> rules
acting arbitration court.
4. The tribunal's permission style="mso-spacerun:yes"> spores
procedure of the arbitral tribunal's challenge style="mso-spacerun:yes"> can be agreed
.
5. If the procedure of the judge's is not agreement
or is not rules in effect
{ \cs6\f1\cf6\lang1024
}
{ \na
} challenge
the arbiter must be filed by the party within of the five days
after , as was known about that
arbitration of the court style="mso-spacerun:yes"> and has reasons for the
Judge style="mso-spacerun:yes"> 11
Federal Law
If the arbitration is a judge, The challenge is does not berates
recusal or other side is not agree with to withdraw
judges, question arbiter disqualification is allowed by others
arbitral tribunal in tribunal's
10-day from receipt of written Reasoned
statements from the side. Question of disqualification of the arbitral tribunal
dispute alone, solved by this referee.
Article 13: Termination of the power of an arbitral tribunal
1. The referee judges may cease [ [
agreement of the parties, in relation to the referee of or
of an arbitral tribunal based on the of the articles
11 and 12 of this Federal Law, style="mso-spacerun:yes"> deaths
referee.
2. The referee's powers are terminated after
solution for specific case. In cases covered by articles
34-36 of this Federal Law, Arbitrating Power Judges
renewable, and then terminated after
procedural steps provided by these articles.
3. Grounds for termination of an arbitral tribunal's powers
side agreement
is legal or actual arbitration
judges to be involved in the dispute, other reasons,
arbitral Judge is not style="mso-spacerun:yes"> participates in in the debate during
unnecessarily long time
Article 14. Replacement of an arbitrator
For termination style="mso-spacerun:yes"> judge others
Judge style="mso-spacerun:yes"> (assigned) in matches with
rules, that was used to select (destination)
changeable arbitrator.
CHAPTER IV. EXPENDITURE EXPENDITURE
In the T-Cade
Article 15. Composition of dispute resolution expenses
in arbitration court
1. Expense related with dispute resolution in arbitration court,
include:
arbitrators ' fees;
expenses incurred by arbitration judges in connection with the in
arbitration, including travel expenses
dispute resolution place;
amounts to be paid to experts and translators;
expenses incurred by arbitration judges in connection with the and
study of written and physical evidence at the scene
locations;
costs incurred by witnesses;
cost of to pay style="mso-spacerun:yes"> delegate to
Thewhich took the decision of the arbitral tribunal
organizational costs, material and other support
arbitration;
other expenses determined by the arbitral tribunal.
2. If of the Permanent Court of Arbitration is not
undefined, side of the bears expenses in
real articles, style="mso-spacerun:yes"> expenses are included in expenses
permanent arbitration court (arbitration fee).
3. The size of the arbitrators ' fees is determined by reference to the price
lawsuit, complexity of contention, time spent by arbitration judges on
arbitration , , and other related to the case
circumstances
4. The [ [ arbitral tribunal]]
judges style="mso-spacerun:yes"> referrer in
,
rules of permanent third-party court, and in the absence
is-subject to the requirements of paragraph 3 of this article.
5. In an arbitral tribunal to resolve a particular dispute
arbitrators ' fees determined by agreement of the parties, at
not-arbitral tribunal for concrete
dispute taking into account the requirements of paragraph 3 of this article.
Article 16. Distribution of expenses related to
with dispute resolution in arbitration court
1. Distributing expenses, related to the dispute in
court, between parties are made by the arbitral tribunal in
match-side agreement, a no
proportionally satisfied and rejected requirements.
2. Costs of a representative a party, in
which was the decision of the arbitral tribunal, and other expense,
{ \cs6\f1\cf6\lang1024 } arbitration { \cs6\f1\cf6\lang1024 } can - by
ships
costs incurred has been incurred style="mso-spacerun:yes">
proceedings and satisfaction with the arbitral tribunal.
3. Distributing expenses, related to the dispute in
Thearbitration court, is specified in a decision or definition third party
court
CHAPTER V. THE REQUIRED
Article 17. Competence of the arbitral tribunal
1. The arbitral tribunal decides on its own whether there is or
about absence style="mso-spacerun:yes"> is the competence to consider passed on
dispute resolution, including in the cases, when from sides
versus due to lack of a
or invalid the agreement. For this purpose
agreement, the reservation in the treaty,
must be treated as independent of other contract terms.
Output of the Court of Arbitration style="mso-spacerun:yes"> the volume that contains the clause clause
is invalid, does not cause invalid law
clauses.
2. The party has the right to declare the of the court
consider passed permission to the dispute before
her first statement on the merits of the dispute.
3. to the right to declare that the arbitral tribunal has exceeded it
competences, if in progress style="mso-spacerun:yes"> subject matter
arbitration will be an issue that is not considered
is provided by the arbitration agreement or style="mso-spacerun:yes"> may be
subject of of arbitration under Federal
law or rules of arbitration procedure
4. The court is required to consider the declaration, made in
matches paragraphs 2 and 3
consideration of application is defined.
5. If the tribunal's consideration of style="mso-spacerun:yes">
terms of reference passes Definition of the absence of the arbitral tribunal
competence in to consider the dispute, the court may not
deal with substance.
Article 18. Principles of arbitration procedure
Arbitration is based on principles
legitimacy, privacy, Independence and Impartiality
arbitrators, dispositivity, of competitiveness and equality
.
Article 19. Definition of arbitration rules
1. The refery
arbitral in to rules
effective arbitral tribunal, If the parties did not
using other arbitration rules.
2. The court for permission of a particular of the dispute
arbitration procedure according to rules
agreed by the parties.
3. Arbitration Rules
according to 1 and 2 of this article,
may contradict the mandatory provisions of this Federal
law, not representing parties
separate questions.
In a part not agreed upon by the parties rules
continuously effective the court and this Federal
Law, Arbitration Rules style="mso-spacerun:yes"> proceedings
arbitral tribunal.
Article 20. Place of arbitration proceedings
1. In the Court of Arbitration for resolving a specific dispute by the parties
can style="mso-spacerun:yes"> the option
trial.
If the sides have not agreed on Other,
Proceedings is defined by the court for permission specific dispute based on all the circumstances of the case, including factor convenience for side. 2. In a permanent arbitral tribunal the place Proceedings defined in according to rules continuously acting arbitration court. If in rules style="mso-spacerun:yes">
guidance to place of arbitration
definitions, style="mso-spacerun:yes"> arbitration
Composition of the arbitral tribunal taking into account all the circumstances of the case, including
convenience factor for side.
Article 21. Language (s) of arbitration
1. If does not agree with style="mso-spacerun:yes">
trial in Russian.
2. Party, representing and other materials
Language of the arbitral tribunal style="mso-spacerun:yes"> proceedings,
translation.
3. The tribunal may require from the side of the translations
and other (languages)
trial.
Article 22: Confidentiality of arbitration proceedings
1. The arbitrator not has the right to divula information
known in mediation without consent
or their successors.
2. The referee may not be Requested style="mso-spacerun:yes"> in
witness about information that became known to him in the
trial. Article 23. Statement of claim and review of the claim
1. The plaintiff sets out its claim in a claim that
in writing is passed to court. A copy of
statements are passed to the defendant. 2. The statement must specify: 1) date of claim; 2) Name and style="mso-spacerun:yes"> organizations that are
parties to arbitration proceedings; last name, names, ,
dates and style="mso-spacerun:yes"> birth, places and style="mso-spacerun:yes"> work
business and The citizens, - by the parties
arbitration;
3) substantiating the jurisdiction of the arbitral tribunal;
4) claimant requirement;
5) circumstances, on the the is based
requirements;
6) evidence, reasons for the search
Requirements;
7) claim price;
8) list of documents attached to the claim document, and Other
content
The requested statement style="mso-spacerun:yes"> by the plaintiff or
representative. case, if is signed
representative of the plaintiff, must claim the claim style="mso-spacerun:yes">
power of attorney or Other document, of authority
representative.
3. The arbitration rules can
provided additional requirements for content
statements.
4. The defendant has the right to submit to the plaintiff and to the arbitral tribunal
for lawsuit claim, spelling out their objections to the claim.
The withdrawal of the claim is submitted to the plaintiff and to the arbitration
in order and the terms that are provided by rules of arbitration trial. If the arbitration rules are Date of trial
comment on statement of claim style="mso-spacerun:yes">
is before the first session of the arbitration court.
5. In arbitration, the party has the right
or complement their claim or opposition to the claim.
Article 24. Counterclaim and set-off
1. The defendant has the right to bring a counterclaim under the condition,
that there is a reciprocal requirement relationship with Requirements
plaintiff, and provided that the counterclaim can be considered
arbitral tribunal according to arbitration agreement.
2. The counter can can be in the course third party
Proceedings before for the court, if
Parties do not agree on a different time limit for bringing a counterclaim.
3. The counter-claim must satisfy 2
Article 23 of this Federal Law.
4. The author has the right to lodge an objection to the counterparty of the claim
in order and the terms that are provided by rules of arbitration
trial.
5. If the parties have not agreed otherwise, the defendant has the right in
compliance with civil law of the Russian Federations
to require counter set compliance requirements
paragraphs 1 to 4 of this article.
Article 25. Power of arbitral tribunal to order
about taking interim measures
1. If the parties agree otherwise, then the arbitral tribunal
may at the request of any party order acceptance of any
side of such security on the subject of a dispute,
which it considers necessary.
2. can require any sides
provide appropriate security for these measures.
3. The court with the style="mso-spoacerun:yes">
cannot be considered incompatible with transfer agreement
arbitration or waiver.
4. lawsuit's lawsuit, of the { \b } { \b } in
[ [ Court of Arbitration]], is filed by the party in competent court
of the arbitration or location
assets that can be accepted security
measure
To the delivery statement style="mso-spacerun:yes"> claims
filing suit in arbitration court, award of arbitration court o
security measures, evidence of payment
public duties in order and size, that are installed
federal law
5. Consideration of by the competent by the court of
lawsuit, for the style="mso-spacerun:yes"> the tribunal, and rendering for the claims or denial of access in order, installed by arbitration procedural or civilian procedural Russian Federation. 6. of the { \b lawsuit } in
[ [ arbitration]] may be cancelled by a competent court, [ [ ]] style="mso-spacerun:yes">
is the definition, on the application of one of the parties. Decision of the arbitral tribunal
rejection of the requests is
grounds for the competent court to cancel the interim measures.
Article 26. Evidence
Each side must prove the circumstances,
refers to the of its and sof objections
Dealty to the right, if it considers the evidence presented
not sufficient, to suggest represent the additional
evidence.
Article 27. Participation of the parties in the session of the arbitral tribunal
1. Each party must be given equal opportunities
to express its position and protect its rights and interests.
2. If does not agree with style="mso-spacerun:yes">
process is in the court session
party or their representatives.
3. Parties should be notified in advance
about the time and place of the session of the arbitration court. Notification specified
sent and awarded to
true Federal Law.
Unless the parties agree otherwise, copies of all documents
and other materials, , and other information that appear
[ [ tribunal of one party]], must be submitted to the arbiter
court of the other side. Expert opinions on which third-party
court bases its decision, should be referred to the arbitral tribunal court
.
4. Unless otherwise agreed by the parties, the composition of the arbitral tribunal
court hearing case in private session
Article 28. Consequences of failure by parties
documents and other materials or non-appearances
1. Non-presentation of documents and other materials, number
non-appearance at the arbitral tribunal meeting of the parties or representatives,
properly image of and to the meeting
arbitral tribunal , is not style="mso-spacerun:yes"> an obstacle to
arbitration and adjudication, if Reason
nonreporting of or non-appearance of parties to
arbitration court session found to be disrespectful.
2. Failure to submit by the defendant against the claim cannot
seen as an acknowledgment of claimant's claims.
Article 29. Appointment and expertise
1. Unless otherwise agreed by the parties, the tribunal
may assign expertise style="mso-spacerun:yes"> for explanation
dispute resolution style="mso-spacerun:yes"> special knowledge, , and
require from of any
Examines documents, other materials, or items.
Unless otherwise agreed by the parties, the arbitral tribunal may
assign one or more experts.
2. If does not agree with style="mso-spacerun:yes"> then name
expert, , and questions, which must be explained
expertise, determine by the court with
side views
3. If the parties agree otherwise, then the arbitral tribunal
distributes expenses, expertise, in
compliance with article 16 of this Federal Law.
4. The expert opinion shall be submitted in writing.
5. If does not agree with style="mso-spacerun:yes"> expert
condition, any of or the court
considers necessary, must after the expert
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}
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}
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and arbitrators gives you the ability to set
expert questions, related and
expert opinion provided.
Article 30. Session of the Court of Arbitration
If the side is not otherwise, in meeting
arbitration court is logging.
CHAPTER VI. ACTION REQUIRED
Article 31. The binding decision of the arbitral tribunal
Parties that have an arbitration agreement,
responsibility to voluntarily abide by the decision of the arbitral tribunal. Parties
and arbitration ships style="mso-spacerun:yes"> all to the Solution
arbitral tribunal was legally enforceable.
Article 32. Adoption of the decision by the arbitral tribunal
1. After the circumstances of the arbitration case
majority of votes judges, in in
arbiter, makes decision.
The solution is declared at the session of the arbitration tribunal. style="mso-spacerun:yes"> Arbitration
court right declare only part of the solution. In this
case, if the parties did not agree on a deadline for the solutions,
reasoned decision to be communicated to parties on time,
longer than 15 days from the day of the declaration of the resonative part of the solution.
2. The tribunal has the right if recognizes style="mso-spacerun:yes"> required,
defer adoption of and invoke additional
meeting under 3, article 27
true Federal Law.
3. On the request of the parties the arbitral tribunal makes a decision on
WorldAssertion agreements, if the World agreementcontradicts and legal and
violates other people's rights and legitimate interests. Contents world
Theagreement is set out in the arbitration court decision.
4. adopted in the place
of the proceedings and in when it is signed
arbitral tribunals that are part of the arbitral tribunal.
Article 33. Form and content of the decision of the arbitral tribunal
1. The decision of the arbitral tribunal is set out in in writing
signs arbitral judges, included in the Arbitration
court, including by an arbitral referee with a dissenting opinion. Special
opinion of the arbitral tribunal's style="mso-spacerun:yes"> is appended to the decision of the arbitral tribunal.
If the arbitration is the
is collegial,can be most referees
inbound in composition court
respectful lack of signatures of other arbitrators.
2. The decision of the arbitral tribunal should specify:
1) commit date style="mso-spacerun:yes"> matches
paragraph 4 of Article 32 of this Federal Law;
2) style="mso-spacerun:yes"> proceedings, in
compliance with article 20 of this Federal Law;
3) The composition of the arbitration court and the order of its formation;
4) Name and style="mso-spacerun:yes"> organizations that are
parties to arbitration proceedings; last name, names, ,
dates and style="mso-spacerun:yes"> birth, places and style="mso-spacerun:yes"> work
business and The citizens, - by the parties
arbitration;
5) Justification for the jurisdiction of the arbitral tribunal;
6) plaintiff style="mso-spacerun:yes"> and of the Respondent, petitions
;
7 case, installed by a court
evidence based on the findings of the arbitral tribunal about these
circumstances, laws and other regulatory legal acts, I)
acted upon decision by the arbitral tribunal.
The operative part of the solution must contain conclusions third party
satisfaction style="mso-spacerun:yes"> or in each
claimed claim. In the operative part of the
expenses, related with resolve in arbitration court,
distribution of the specified
timing and how to enforce the decision.
3. After the decision is made, each side should be served
or sent instance of solutions, decorated according to
paragraph 1 of this article.
Article 34. Additional Solution
1. Unless otherwise agreed by the parties,
notified of this style="mso-spacerun:yes">
receipt of a decision of the arbitral tribunal to address the same style="mso-spacerun:yes"> arbiter
court with statement an additional decision on
requirements, that were
proceedings, but not style="mso-spacerun:yes"> is reflected in the decision. Specified
statement must be in the days after get
discussed by the panel of the arbitration tribunal that resolved the dispute.
2. results of matching the statement
takes either an additional solution that is a composite
Thepart of the decision of the arbitration of the court, or in
acceptance of an additional decision statement.
Article 35. Explanation of Solution
1. If the parties have not agreed otherwise, then either party,
notification to the other side, can be in 10 days
Theof the arbitral tribunal's decision contact same arbitration
court with a statement about the explanation of of the solution. The explanation
decision must be Days
getting the composition of the arbitration tribunal that resolved the dispute.
2. The court has the right to explain its decision, not
changes to its contents.
3. results of matching the statement
a determination of the explanation of the solution, is
composite part of the court, , or
not explaining a solution.
Article 36. Repairing inventory, typographical errors
1. The arbitral tribunal is entitled by application of either party or
initiative to correct the mistakes, typing,
arithmetic errors.
2. of the typeso, typographical errors, arithmetic error
arbitral tribunal makes definition, is a composite
part of solution
Article 37. Definition of the arbitral tribunal
On questions, not affecting The merits of the dispute, the arbitral tribunal
makes a definition.
Article 38. Termination of arbitration
The arbitral tribunal determines the arbitration
litigation if:
the plaintiff refuses his claim, if only the defendant
will not oppose termination of arbitration
because it has a legitimate interest in resolving the dispute
creature;
the sides have reached termination
trial;
The arbitral tribunal determined that there was no
court of jurisdiction to deal with submitted Dispute Resolution;
arbitration court style="mso-spacerun:yes"> Written
world agreement;
Organization that is party to arbitration style="mso-spacerun:yes"> hearings
disposed;
is a citizen or citizen, which is a party
arbitration proceedings, dead or declared dead or recognized
missing;
has an effective in the legal force, accepted by the
by the same parties, about the same subject and the same solution
court of general jurisdiction, arbitral tribunal or arbitral tribunal.
Article 39. Storage of Solutions and Cases
1. Decision of the arbitral tribunal to resolve a particular dispute in The
period of time after its adoption is sent with
in a case to be stored in a competent court.
2. If the rules of the permanent arbitration of the court are not
other time,
{ { arbitrating } } The court stores the case in this [ [ arbitration]] court style="mso-spacerun:yes"> in
five years from decision date.
CHAPTER VII. ARISING THE REQUIRED OF THE THIRD COURT
(Chapter VII (Articles 40-43)) will cease to be in force since September 1, 2016.
Federal of the from December 29, 2015 N 382-FZ-
Russian Federation Law Assembly, 2016, N1, Art. 2)
Article 40. Challenging the arbitral tribunal
to the competent court
If the arbitration agreement is not ,
the court is Final, Arbitral
ships can be challenged by the participating side by style="mso-spacerun:yes"> submissions
canceling the the competent court for three
months since receipt The party, of the statement,
arbitration court. Article 41. Order of challenge to the arbitral tribunal
Challenge the court's tribunal's decision to the competent court, the competent court's consideration of the application style="mso-spacerun:yes"> undo decision
arbitration court and decision (s) of satisfaction
or Failure in style="mso-spacerun:yes"> declarations determined by
procedural or Civil procedural
Russian Federation.
Article 42. Grounds for annulment of a decision of the arbitral tribunal
Solution of arbitration can be undone
court only if:
1) party, submitting the application to cancelarbitration
court will provide evidence that:
The arbitration agreement is invalid reasons
envisaged by by this Federal Law or other Federal
law;
arbiter of the dispute, not
covered by or outside the arbitration agreement
conditions, , or contains Output
arbitration agreement limits. If the rulings of the arbitral tribunal
issues that are style="mso-spacerun:yes"> is covered by the arbitration agreement, can
be separated from ordinals on issues not covered
such an agreement, , can be only partial solution canceled
arbitral tribunal that contains decisions on questions, not
covered by arbitration agreement;
Arbitration of the or arbitration
matched with Articles 8, 10, 11 or 19
Federal Law;
party against accepted arbitration court decision, not
was duly notified of the election (s)
or About times and
other reasons are not style="mso-spacerun:yes"> could
explanation;
2) the competent court will determine that:
The argument considered the court, in
Federal Law is not style="mso-spacerun:yes"> can be the subject of
trial;
arbitral tribunal decision violates fundamental principles
Russian Law.
Article 43. Effect of reversal of arbitral tribunal decision
If is canceled style="mso-spacerun:yes"> Court decision by the competent court
either side right in compliance with the agreement
in style="mso-spacerun:yes"> in if Solution
arbitral has been canceled by or in part due to
void of arbitration agreement or because,
taken on non-arbitration agreement or not
falling under style="mso-spacerun:yes"> conditions, or contains
issues not covered by the arbitration agreement, appropriate
dispute not subject to further arbitration.
CHAPTER VIII. ACTION REQUIRED
(Chapter VIII (Articles 44 to 46) will cease to be in effect on September 1, 2016
Federal Law of the Federal Law of December 29 2015 style="mso-spacerun:yes"> g. N 382-FZ
Russian Federation Law Assembly, 2016, N1, Art. 2)
Article 44. Implementation of the arbitral tribunal's decision
1. The decision of the arbitral tribunal shall be executed voluntarily
and the times that are set in this solution.
2. If the decision of the arbitral tribunal is not fixed, it
must be executed immediately.
Article 45. Enforcement of arbitral tribunal decision
1. If the court's award is not performed voluntarily in
set time, it is must be enforced
Force of the solution arbitration court
according to the production's rules , in effect
execution of the the court, on the
competent by the court forced
execution of the arbitration court decision (hereinafter referred to as the executive sheet).
2. The executive statement is [ [
competent court of the party in favour of which the judgement was rendered.
3. The application for the execution of the executive sheet shall be accompanied by:
1) original or copy of the arbitration court decision. style="mso-spacerun:yes"> Copy of the Solution
permanent referex of court rest assured by the chair
this of the tribunal's style="mso-spacerun:yes"> for
permission for a specific dispute should be a notarial
certified;
2) an original or copy of an arbitration agreement, in
compliance with the provisions of Article 7 of this Federal Law;
3) documents, payment of state duties in
order and size that are set by federal law.
4. Application for issuing of the executive sheet may be
not later three
enforcement of the arbitration court decision.
5. of the worksheet, was
filed with missed deadline or for
enclosed required documents returned by the competent court
without review, by definition, which can be
appeals in order, established by arbitration procedure or
Civil procedural legislation of the Russian Federation.
6. The competent court has the right to restore to [ [
statements about extraditing in the worksheet, if finds the
decals with valid values.
7. Application for of the sheet of the executive
judge of a competent court alone within one month from the day
receipts statements in the competent court. and
review of the specified declarations of are notified,
or is not style="mso-spacerun:yes"> to
consideration of application.
8. results of the consideration of about extraditing
executive sheet competent court rules out extradition
or about an output
sheet.
Definition of the competent court for the issuance of the executive style="mso-spacerun:yes"> sheet
must be executed immediately.
9. The determination of the competent of the executive extraditing
or about the output of the can be
appeals in order, established by arbitration procedure or
Civil procedural legislation of the Russian Federation.
Article 46. Grounds for Denial of Execution of the Execution Sheet
1. Review of Execution of the Execution Sheet
competent court not has the right to investigate
installed by by a court, or reconsider
arbitral tribunal on its merits
2. The competent court makes the determination of the to refuse extradition
executive sheet in cases where:
1) side, vs. the decision of the arbitral tribunalwas adopted
court, present evidence to the competent court that:
arbitration agreement invalid, including
on the basis of provided for under Article 7 Federal
law;
The arbitral tribunal's decision is in dispute, not provided
arbitral or not subject to its condition, , or
contains Orders by issues beyond limits
agreement. If court order
issues covered by the arbitration agreement may be separate
of those that are is not covered by such an agreement, in extraditing
executive sheet on force- part
tribunal's decision ,
questions, covered by the agreement, may not can
rejected;
Arbitration of the or arbitration
matched requirements Articles 8, 10, 11, or 19 of the present
Federal Law;
the party against which the decision of the arbitral tribunal was made Vessels,
not was style="mso-spacerun:yes"> (Assignment)
arbitral or time and session of the arbitral tribunal
was unable to present to the arbitral tribunal for other reasons
explanation;
2) the competent court will determine that:
The argument is not style="mso-spacerun:yes"> be of thearbiter in
compliance with federal law;
tribunal decision of arbitration style="mso-spacerun:yes"> violates fundamental principles
Russian Law.
3. In the case of a determination of failure by a competent court
in the delivery of the side of the to the right in matches
the agreement or
competent court with and
jurisdiction, for excluding occurrences of the article 43
true Federal Law.
CHAPTER IX. FINAL PROVISIONS
Article 47. Entry into force of this Federal Law
1. This Federal Law comes into force days
official publication.
2. Federal
of theFederalinvalidated:
Application No. 3 to the Civil procedural of the RSFSR Code
(Statements by Supreme Council of the RSFSR, 1964, No. 24, art. 407);
Supreme Council resolution Russian Federation from
24 June 1992 style="mso-spacerun:yes"> N 3115 -I " About
position on the arbitral tribunal for permission )
(Statements People's Congress style="mso-spacerun:yes"> Russian Federation
Supreme Council of the Russian Federation, 1992, N 30, Art. 1790);
Article 1, paragraph 7 Federal Act of 16 November 1997
N 144-FZ "O " style="mso-spacerun:yes"> and Other
Russian Federation's legal acts in connection with the adoption of the Federal
Constitutional Law " About < < span style="mso-spacerun:yes"> courts in Russian
Federation and style="mso-spacerun:yes"> procedural Russian
Federation ( Russian Federation
1997, N 47, article 5341)
3. Propose the Russian Federation and Instruct
Government Russian Federation cast its regulatory
legal acts in compliance with this Federal Law.
Moscow, Kremlin
24 July 2002
N 102-FZ
