Advanced Search

On Amendments To Certain Legislative Acts Of The Russian Federation And The Annulment Of Paragraph 3 Of Part 1 Of Article 6 Of The Federal Law "on Self-Regulatory Organizations" In Connection With The Adoption Of The Federal Law On Arbitration.

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации и признании утратившим силу пункта 3 части 1 статьи 6 Федерального закона "О саморегулируемых организациях" в связи с принятием Федерального закона "Об арбитраже...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW On introducing changes to selected legislative acts of the Russian Federation and the invalidation of article 6, paragraph 3, of the Russian Federation The Federal Law "On Self-regulating Organizations" in connection with the adoption of the Federal Law "On arbitration (arbitration) in the Russian Federation" adopted by the State Duma on December 15, 2015 year Approved by the Federation Council on 25 December 2015 Article 1, paragraph 4 of the Russian Federation Law of 26 June 1992, No. 3132-I on the status of judges in the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1792; Legislative Assembly of the Russian Federation, 1995, No. 26, art. 2399; 1999, N 29, sect. 3690; 2001, N 51, sect. 4834; 2007, N 10, est. 1151; 2008, N 52, sect. 6229; 2009, N 39, sect. 4533; 2013, N 19, sect. 2329; N 27, sect. 3477; 2014, N 11, st. 1094; N 23, est. 2928), amend to read: " 4. A judge, who has been retired and has worked as a judge for at least 20 years or has reached the age of 55 (50 years for women), has the right to work in the State, local government, state and municipal bodies OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the investigator and the person conducting the initial inquiry and the practice of lawyers and notaries. A judge who is retired, regardless of age or judicial experience, is not subject to the requirements set out in paragraphs 1, 11 and 12 of paragraph 3 of this article. During the period of the activity to which a retired judge is entitled to exercise his or her authority under this paragraph, he shall not be subject to the guarantees of inviolability established by article 16 of this Law, that judge in the judicial community is suspended for this period. ". Article 2 Article 2 July 1993-N 5338-I " International commercial OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5748) The following changes: 1) preamble: " This Law: is based on the recognition of the importance of arbitration (arbitration) as a widely applied method of dispute resolution, in the number of international trade arising and the need for an integrated, uniform law of arbitration issues; takes into account the provisions on arbitration contained in international treaties of the Russian Federation, as well as in the Model Law on International Trade Arbitration "adopted in 1985 by the UNCITRAL Commission on International Trade Law, as amended in 2006."; Scope 1. This Act applies to international commercial arbitration if the place of arbitration is in the territory of the Russian Federation. However, the provisions of articles 8, 9, 35 and 36 apply where the place of arbitration is located abroad. 2. Matters not resolved by this Act relating to the establishment and operation in the territory of the Russian Federation of permanent arbitral institutions administering international commercial arbitration, storage of cases and Amendment of legally significant registries in the Russian Federation based on decisions of arbitration courts (arbitration awards), the ratio of mediation and arbitration procedure, as well as requirements to arbitrators (arbitration judges) and liability arbitrators and permanent arbitral institutions under the international Commercial arbitration in cases where the place of arbitration is located in the territory of the Russian Federation is regulated by the Federal Act on Arbitration (Arbitration) in the Russian Federation. 3. The parties may be referred to international commercial arbitration by agreement of the parties arising from civil and legal relations in the conduct of foreign trade and other types of international economic relations, if the commercial enterprise wants " For one party is located abroad, or if any place where a significant part of the obligations arising from the relations of the parties must be performed, or the place with which the subject matter of the dispute is most closely connected, is located abroad, as well as disputes, arising from foreign investment in the Territory Russian Federation or Russian investments abroad. 4. For the purposes of paragraph 3 of this article: 1) if a party has more than one place of business, the place of business is that which is most relevant to the arbitration agreement; 2) if the party does not have a party A commercial enterprise shall be taken into account for its habitual residence. 5. In the cases envisaged by the international treaties of the Russian Federation and by federal law, international commercial arbitration may refer to disputes not covered by this article with the participation of a foreign investor in connection with the implementation of the OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6. Federal laws may impose restrictions on the transfer of certain categories of disputes to arbitration or may provide for the submission of disputes to arbitration only in accordance with provisions other than those contained in this Law. "; 3) in article 2: (a) the second paragraph should read: "Arbitration" means the process of resolving the dispute by the arbitral tribunal and the award of the arbitral tribunal (the arbitral tribunal) regardless of whether whether it is administered by a permanent arbitral institution, including without restriction of the International Commercial Arbitration Court and the Maritime Arbitration Commission attached to the Russian Federation Chamber of Commerce and Industry (Annexes I and II to this Law), or not; "; b) to add a new paragraph to the fifth paragraph. content: "competent court" means the court of the Russian Federation determined in accordance with the procedural legislation of the Russian Federation; "; (c) Paragraph 5 is considered to be a sixth paragraph and to be supplemented after the word "including", "permanent arbitration"; g) paragraph The sixth paragraph should read as follows: " if, in any provision of this Law, there is a reference to the parties agreeing that they may agree, or in any other form, there is a reference to the agreement of the parties, this agreement shall include any arbitration rules specified in this agreement; "; (d) paragraph 7, paragraph 8; 4), paragraph 1 of Article 3, paragraph 3, should be supplemented with the words" (record of the attempt to deliver) "; 5) Article 6 should read: " Article 6. Authorities for certain functions assistance and control over arbitration The functions referred to in article 11, paragraphs 3 and 4, article 13, paragraph 3, article 14, article 16, paragraph 3, and article 34, paragraph 2, are implemented by a competent court, except as provided for in this Law. "; 6), shall be amended to read: Article 7. The definition, form and interpretation of the arbitration agreement 1. The arbitration agreement is the agreement of the parties to submit to arbitration all or certain disputes which have arisen or may arise between them in respect of a particular legal relationship or a part thereof, regardless of whether or not The legal relationship is contractual or not. An arbitration agreement may be concluded in the form of an arbitration clause in a contract or in the form of a separate agreement. 2. The arbitration agreement shall be in writing. 3. The provision referred to in paragraph 2 of this article shall be deemed to be met if the arbitration agreement is in the form of allowing the information contained therein to be fixed or for the availability of such information for subsequent use. 4. The arbitration agreement shall be deemed to be in writing in the form of an electronic communication if the information contained therein is accessible for subsequent use and where the arbitration agreement is in conformity with the requirements of the arbitration agreement. The law provided for in a contract concluded through the exchange of documents through electronic communication. 5. The arbitration agreement shall be deemed to be in writing if it is concluded by an exchange of the statement of claim and the withdrawal of the statement of claim in which one party claims the existence of the agreement and the other does not object. 6. The reference in a treaty to a document containing an arbitration clause is an arbitration agreement concluded in writing, provided that the reference allows such a reservation to be considered part of the treaty. 7. An arbitration agreement may be entered into by including it in the rules of organized tendering or rules of clearing, which are registered in accordance with the laws of the Russian Federation. The arbitration agreement is the arbitration agreement of the bidders, the parties to the contract concluded at the organized tender in accordance with the rules of organized tendering, or the participants in the clearing. 8. Arbitration agreement for the transfer to arbitration of all or part of the corporate disputes of the participants of the legal entity established in the Russian Federation and the legal entity itself for which the rules of the corporate proceedings are applied In accordance with the Federal Act on Arbitration (Arbitration) in the Russian Federation, it may be concluded by including it in the statute of a legal person. The Charter containing such an arbitration agreement, as well as the amendments to the Statute providing for such arbitration agreement and amendment, shall be adopted by the highest authority (the meeting of the participants) of the legal person unanimously by all participants of this legal entity. An arbitration agreement entered into in accordance with this paragraph shall apply to the disputes of the parties to the legal entity and to the legal person in which another person is involved, only if the other person has expressly expressed his/her will to do so. Be bound by the arbitration agreement. The arbitration agreement cannot be concluded by including it in the charter of the joint-stock company with the number of shareholders-owners of voting shares one thousand and more, as well as the charter of a public joint stock company. 9. In interpreting the arbitration agreement, any doubts should be interpreted in favour of its validity and enforceability. 10. Unless otherwise agreed by the parties, the arbitration agreement arising from or in connection with the contract shall extend to any transaction between the parties to the arbitral agreement aimed at the execution, modification or termination of the said agreement. of the treaty. 11. In the case of a change of person in the undertaking in respect of which the arbitration agreement has been concluded, the arbitration agreement shall apply to both the original and the new creditor, and both the original and the new debtor. 12. The arbitration agreement contained in the treaty shall also apply to any disputes arising out of the conclusion of such a treaty, its entry into force, modification, termination, validity, including return by the parties of the executed a contract declared invalid or not concluded, unless otherwise provided by the arbitration agreement itself. 13. The rules of arbitration referred to by the arbitration agreement are considered to be an integral part of the arbitration agreement. The conditions which, under this Act, may only be determined by a direct agreement of the parties are not considered to be an integral part of the arbitration agreement if they are included in the rules of arbitration but are not available for them Article 10, paragraph 1, of the direct agreement of the parties; (7); article 10, paragraph 1, shall be supplemented with the words ", unless otherwise specified in the law, the number of arbitrators shall be odd"; 8), article 11 should read as follows: Article 11. Appointment of arbitrators 1. No person shall be deprived of the right to act as an arbitrator because of his or her nationality, unless otherwise agreed by the parties. The parties are entitled to agree on additional requirements for arbitrators, including qualification requirements, or for the settlement of the dispute by a specific arbitrator or by specific arbitrators. 2. The parties may, at their discretion, agree on the procedure for the election (appointment) of the arbitrator or arbitrators, subject to the provisions of paragraphs 4 and 5 of this article. 3. In the absence of an agreement under paragraph 2 of this article: 1) to arbitrate with three arbitrators, each party shall appoint one arbitrator, the two arbitrators so appointed shall appoint the third arbitrator; in the event that the party is not appoint an arbitrator within 30 days upon receipt of the request by the other party, or if two arbitrators within 30 days of their appointment do not agree on the appointment of the third arbitrator, on the application of any party the appointment shall be made by the competent authority. by the court; 2) in arbitration with the sole arbitrator, if the parties do not come to The agreement on the election of an arbitrator shall, at the request of any party, be made by a competent court. 4. Any party may request the competent court to take the necessary steps, taking into account the procedure agreed upon by the parties for the election of arbitrators, provided that the agreement on such procedure for election (s) does not provide otherwise (a) Appointment of the members of the Committee on the Rights of the procedure, or third person, including permanent arbitration The Conference of the Parties, 5. Parties whose arbitration agreement provides for the administration of arbitration by a permanent arbitral institution, its direct agreement may exclude the possibility of the court's authorization (if the parties are direct) The agreement excluded this possibility, in the cases referred to in paragraphs 2 to 4 of paragraph 4 of this article, the arbitral tribunal shall be terminated and the dispute may be referred to the competent court. 6. In appointing the arbitrator, the competent court shall take into account any requirements imposed upon the arbitrator by the agreement of the parties and such considerations as may ensure the appointment of an independent and impartial arbitrator. "; 9) in article 12: (a) Paragraph 1 should read: " 1. In the case of a person being treated in connection with his or her possible appointment as an arbitrator, the person must, in writing, disclose any circumstances that may give rise to reasonable doubts as to his or her impartiality or Independence. The arbitrator shall, from the time of his or her appointment and throughout the entire arbitral tribunal, notify the parties without delay of the occurrence of any such circumstances unless he has informed them of the circumstances previously. "; (b) in paragraph 2 of the word" shall not " The qualification given by the agreement of the parties "shall not be replaced by the words" in accordance with the requirements of the law or agreement of the parties "; 10), article 13, paragraph 3, shall be worded as follows: " 3. If an application for the challenge of an arbitrator in the application of any procedure agreed upon by the parties or the procedure provided for in paragraph 2 of this article is not granted, the party making the challenge may within one month from the date of receipt of the notice of The decision to reject the disqualification shall apply to the competent court for the satisfaction of the challenge. The parties whose arbitration agreement provides for the administration of arbitration by a permanent arbitration institution, by its express agreement, may exclude the possibility for the court to resolve the matter. The appearance before a court of the said statement does not in itself preclude the arbitral tribunal, including the challenged arbitrator, from continuing the arbitration and make an award. "; 11) in article 14: (a) in the name of the word "(Mandate)" delete; (b) paragraph 1 should read: " 1. In the event that the arbitrator is legally or effectively unable to participate in the consideration of the dispute or does not participate in the consideration of the dispute for an unreasonable period of time, its powers shall be terminated, provided that the arbitrator recusal or the parties agree to terminate such powers. In cases where the arbitrator does not recuse himself and there is no agreement between the parties to terminate the arbitrator's powers on any of these grounds, any party may apply to the competent court for the authorization of the termination of the authority arbitrator. The parties whose arbitration agreement provides for the administration of arbitration by a permanent arbitral institution may, by its express agreement, exclude this possibility or agree otherwise on the termination of the terms of reference, and replacement of the arbitrator. "; (c) in paragraph 2, the word" mandate "should be replaced by" authority "; 12), article 15, as follows:" Article 15. Replacement of an arbitrator If the power of an arbitrator is terminated under article 13 or 14, or because he or she shall recuse himself for any other reason, or terminate his powers by the agreement of the parties, or in any other case of termination his or her powers, the other arbitrator shall be appointed in accordance with the rules applicable to the appointment of the arbitrator being replaced. "; 13), article 16 should read as follows:" Article 16. The power of the arbitral tribunal to rule on its competence 1. The arbitral tribunal may itself order its competence, including any objection to the existence or validity of an arbitration agreement. An arbitration clause forming part of a treaty should be treated as an agreement independent of the other terms of the treaty. The award of an award that the treaty is not valid does not in itself render the arbitration agreement null and void. 2. A declaration of absence from the arbitral tribunal may be made by the arbitral tribunal in question, no later than by its submission of the first substantive dispute. The election (appointment) by the party of the arbitrator or its participation in the election (s) of the arbitrator shall not preclude the party from making such a declaration. The statement that the arbitral tribunal exceeds the limits of its competence should be made as soon as the issue which the party considers to be outside these limits will be raised in the course of arbitration. The arbitral tribunal may, in any of these cases, adopt a declaration made at a later date if it considers the delay to be justified. 3. The arbitral tribunal may rule on the application referred to in paragraph 2 of this article, either on the preliminary nature or on the merits of the dispute. If the arbitral tribunal decides on a preliminary nature that it has competence, any party may, within one month of the date of receipt of the notification of that decision, file an application with the competent court for a decision on the matter The arbitral tribunal has no jurisdiction. The parties whose arbitration agreement provides for the administration of arbitration by a permanent arbitration institution may, by its express agreement, exclude this possibility. The application to the court for a decision not to have jurisdiction in the arbitral tribunal does not in itself preclude the arbitral tribunal from continuing the arbitration and making the award. "; 14), article 17 should read as follows: " Article 17. The power of the arbitral tribunal to order the adoption of interim measures 1. Unless otherwise agreed by the parties, the arbitral tribunal may, upon application by any party, order any party to take such interim measures as it deems necessary. The Arbitration Court may require any party to provide appropriate security for such measures. Decisions and other procedural acts of the arbitral tribunal on the adoption of interim measures are subject to enforcement by the parties. 2. The agreement of the parties may also be provided (including by reference to arbitration rules) that, before the arbitral tribunal is formed, the permanent arbitration institution may order the acceptance of such a party by any party. The security measures it considers necessary. Paragraph 1 of this article is fully applicable to such interim measures as if they were accepted by the arbitral tribunal. "; 15) in article 19: (a) in paragraph 1, after the words" of this Law ", add the words" and Federal Act "Arbitration (arbitration proceedings) in the Russian Federation" (in the part in which it applies to international commercial arbitration) ", the words" conduct of proceedings "shall be replaced by the word" arbitration "; b) paragraph 2 Amend the text as follows: " 2. In the absence of such an agreement, the arbitral tribunal may, subject to the provisions of this Act, exercise arbitration as it deems appropriate, including with respect to the determination of the admissibility, relevance and significance of any ";"; 16) Article 20 should read: " Article 20. The place of arbitration 1. The parties may, at their discretion, agree on the place of arbitration or the procedure for its determination (including by reference to arbitration rules). In the absence of such an arrangement, the place of arbitration shall be determined by the arbitral tribunal in the circumstances of the case, including the convenience of the parties. 2. Notwithstanding the provisions of paragraph 1 of this article, the arbitral tribunal may, unless the parties otherwise agree, meet in a different place that it deems appropriate for the conduct of the meeting between the arbitrators, the hearing of witnesses, experts or parties An oral hearing or an examination of goods, other property or documents. "; 17), article 21 should read: " Article 21. Commencement of arbitration Unless otherwise agreed by the parties, the arbitral tribunal in respect of a particular dispute shall be deemed to have commenced on the day when the claim is received by the respondent. "; 18) in article 22, paragraph 2, the word" documentary " In the words "in writing"; 19) in article 23, paragraph 1, the words "necessary props" should be replaced with the words "the necessary content"; 20), article 27 should read as follows: " Article 27. Assistance of the court in obtaining evidence The arbitral tribunal in the proceedings administered by a permanent arbitral institution, or a party with the consent of such arbitral tribunal, may apply to the competent court with A request for assistance in obtaining evidence. The competent court may execute this request in accordance with the procedure provided for in the procedural legislation of the Russian Federation. "; After the award has been made, each party should be provided with an instance signed by the arbitrators in accordance with paragraph 1 of this article. "; 22) in article 32: (a), paragraph 1 should read: " 1. The arbitral tribunal shall be terminated by a decision or order of the arbitral tribunal rendered in accordance with paragraph 2 of this article and shall be terminated automatically in the cases provided for in article 11, paragraphs 3 and 4. "; b) to supplement paragraph 4 , to read: " 4. After the order for the termination of the arbitration has been issued, each party should be provided with an instance signed by the arbitrators in accordance with article 31, paragraph 1. "; 23) in article 33: (a), paragraph 5 should read as follows: " 5. In the event that a competent court hearing an application for the annulment of the award in accordance with article 34 would suspend the proceedings for the annulment, the arbitral tribunal should reopen the arbitral proceedings and correct the grounds In order to set aside the arbitral award, the arbitral tribunal may resume arbitration at the request of any party filed within the period of suspension of the revocation. "; b) to supplement paragraph 6 with the following: " 6. The provisions of article 31 should apply to the correction or explanation of the award or an additional award, as well as an award adopted in the manner established by paragraph 5 of this article. "; (24) Article 34 should read as follows: " Article 34. An application to set aside the award as an exclusive feature of its challenge 1. The arbitral award may be contested in the court only by applying for its cancellation in accordance with paragraphs 2 and 3 of this article. In an arbitration agreement providing for the administration of arbitration by a permanent arbitration institution, the parties to their direct agreement may provide that the award shall be final. The final award shall not be set aside. If the arbitration agreement does not provide that the award shall be final, such a decision may be overturned by the court on the grounds set out in paragraph 2 of this article; such a decision may be overturned on the basis of Paragraph 2 (2) of this article, and if the party having applied for the cancellation of the award does not refer to the grounds specified. 2. The arbitral award may be reversed by the competent court if: 1) the party making the request for its annulment will provide evidence that: one of the parties to the arbitration agreement referred to in article 7, was to some extent incompetent, or the agreement is not valid under the law to which the parties have subordinated it, and in the absence of such instruction, by the law of the Russian Federation, or it has not been duly notified of the appointment or arbitration, including the time and place of the meeting of the arbitral tribunal, or for other valid reasons, was unable to provide its explanation, or the arbitral award was rendered in a dispute not provided for in the arbitration agreement, either not under its terms, or contained Orders on matters outside the scope of the arbitration agreement. Where decisions on matters covered by an arbitration agreement may be separated from those not covered by such an agreement, only that part of the award that contains the order in question may be cancelled. The arbitration agreement, or the composition of the arbitral tribunal or arbitral procedure did not comply with the agreement of the parties or the federal law; 2) the competent court would determine that: be subject to arbitration under federal law or The award is contrary to the public policy of the Russian Federation. 3. An application for the annulment of the award shall not be filed within three months after the date of receipt of the contested decision by the party filing the application, and in the event that a request under article 33 has been filed, from the date of receipt The arbitral tribunal shall decide upon this request. 4. The court that has filed a request for the annulment of the award on the grounds provided for in paragraph 2 (1) of this article may, if it considers it appropriate, and if so requested by one of the parties, suspend the arbitral award for a period of time Production on this issue in order to enable the arbitral tribunal to resume arbitration or to take other actions which, in the opinion of the arbitral tribunal, would remove the grounds for setting aside the award. "; 25) In article 35: a), in paragraph 1, the words "of this article and article 36" should be replaced by "Articles 35 and 36, as well as the provisions of procedural law of the Russian Federation"; b) in paragraph 2 of the word "certified true arbitral award or a duly certified copy thereof, as well as authentic arbitration" The agreement referred to in article 7 or a duly certified copy of the agreement "shall be replaced by the words" certified copy of the arbitral award signed by the arbitrators, as well as the documents confirming the arbitration agreement ". replace by "set out"; in) to supplement paragraph 3 of the following Content: " 3. In the case of an arbitral award outside the Russian Federation which does not require enforcement, the party against whom the decision is rendered has the right to object to the recognition of the decision in the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Grounds for refusing recognition or enforcement of the award 1. In recognition or enforcement of an award, regardless of the country in which it was rendered, one of the following cases may be refused: 1) at the request of the party against which it is directed, if that party shall submit to the competent court in which the recognition or enforcement is sought, evidence that: the award was made pursuant to an arbitration agreement referred to in article 7 and one of the parties to which was any measure incapacitated, or arbitration agreement is not valid according to the law to which the parties have subordinated it and, in the absence of such instruction, by the law of the country where the judgement was rendered, or the party against whom the decision was rendered has not been duly notified of the appointment of the arbitrator. or arbitration proceedings, including the time and place of the arbitral tribunal, or for other valid reasons, could not provide their explanation, or the award was rendered in a dispute not provided for by the arbitral tribunal the agreement or not subject to its terms, or contains decisions on questions, that fall outside the scope of the arbitration agreement. Where decisions on matters covered by an arbitration agreement may be separated from those not covered by such an agreement, the part of the award that contains the awards on the issues covered by the arbitration agreement may be resolved. The agreement may be recognized and enforced, or the composition of the arbitral tribunal or the arbitration procedure did not comply with the agreement of the parties or the law of the country where the arbitral proceedings took place, or a decision taken in the territory of a foreign state has not yet become binding for the or suspended by the competent authority of the country where it was issued, or the country whose law is applicable; 2), the competent court will determine that: may be subject to arbitration under federal law or recognition and enforcement of the award is contrary to the public policy of the Russian Federation. 2. If, in the court referred to in paragraph 1, subparagraph 1 (1) of this article, an application for the annulment or suspension of an award rendered in the territory of a foreign State has been filed, the competent court in which A request for recognition or enforcement of an award may, if it deems appropriate, delay the delivery of its decision and may, at the request of the party requesting recognition or enforcement of the arbitral award, defer its decision. oblige the other party to provide appropriate security. 3. The enforcement of an arbitral award by issuing an executive sheet may be refused on the grounds set out in paragraph 1 (2) of this article and in the event that the party against whom the decision is directed does not refer to ";"; 27) Annex I, amend to read: "Annex I to the Russian Federation Law " On International Commercial Arbitration " Position on International Commercial Arbitration Court Russian Federation Chamber of Commerce and Industry 1. The International Commercial Arbitration Court attached to the Chamber of Commerce and Industry of the Russian Federation (hereinafter referred to as the International Commercial Arbitration Court) is an independent standing arbitral institution operating under The administration of international commercial arbitration in accordance with this Law. The International Commercial Arbitration Court may also administer the arbitration proceedings in accordance with the Federal Arbitration (Arbitration) Act in the Russian Federation. 2. Chamber of Commerce and Industry of the Russian Federation approves arbitration rules (or separate regulations (rules) for different types and procedures of arbitration proceedings) of the International Commercial Arbitration Court, list of arbitration rules Arbitrators, the procedure for calculating the arbitration fee, the arbitrators ' fees and other expenses of the International Commercial Arbitration Court, provides other assistance in its activities and is responsible for its activities to the parties arbitration under Russian law THE RUSSIAN FEDERATION 3. Disputes are settled in the International Commercial Arbitration Court in accordance with its applicable arbitration rules (rules) or certain rules (rules). In doing so, the International Commercial Arbitration Court administers arbitration, while the direct settlement of the dispute falls within the competence of the arbitrator or the composition of the arbitration appointed in accordance with the applicable arbitration rules. 4. The International Commercial Arbitration Court, under this Act, may be referred to: (1) disputes arising from contractual and other civil and legal relations arising from the conduct of foreign trade and other species of international economic relations, and other disputes which are referred to in international commercial arbitration by this Law; 2) in accordance with arbitration agreements concluded before 1 September 2016, any disputes, which could be considered by international commercial arbitration in the in accordance with this Act in force at the time of their conclusion. 5. Civil and legal relations, disputes of which may be referred to the International Commercial Arbitration Court, include, inter alia, the sale (supply) of goods, performance, services, exchange of goods and (or) Services, transportation of goods and passengers, trade representation and mediation, leasing (leasing), disposal of exclusive rights to results of intellectual activity or means of individualization, construction of industrial and other objects, licensed operations, investments, Credit and settlement operations, insurance, joint business and other forms of industrial and enterprise cooperation. 6. The International Commercial Arbitration Court is seized of disputes subject to its jurisdiction under the international treaties of the Russian Federation. 7. The International Commercial Arbitration Court is the successor to the Arbitration Court of the USSR Chamber of Commerce and Industry, established in 1932, and is entitled to settle disputes on the basis of agreements between the parties on the referral of their disputes to the arbitral tribunal USSR Chamber of Commerce and Industry. 8. International Commercial Arbitration Court since the approval and publication of the rules of the permanent arbitration institution in accordance with Part 10 of Article 52 of the Federal Law "On Arbitration (Arbitration) in the Russian Federation" The Federation " is the legal successor of the Arbitration Court for the Settlement of Economic Disputes at the Chamber of Commerce and Industry of the Russian Federation and the Court of Arbitration for Sport to the Chamber of Commerce and Industry of the Russian Federation and, in particular, may authorize disputes on the basis of agreements of the parties on the referral of their disputes to the permanent existing arbitral tribunals. 9. The judgement rendered by the International Commercial Arbitration Court shall be executed by the parties within a time limit. If the term of execution is not specified in the judgement, it shall be enforceable immediately. In accordance with the legislation of the Russian Federation and the international agreements of the Russian Federation, the decisions of the Russian Federation are carried out in accordance with the legislation of the Russian Federation. 10. In cases to be considered by the International Commercial Arbitration Court, the President of the International Commercial Arbitration Court may, at the request of one of the parties, order interim measures of protection. 11. For cases to be considered by the International Commercial Arbitration Court and relating to international commercial arbitration, the functions referred to in article 11, paragraphs 3 and 4, article 13, paragraph 3, and article 14 of this Law, shall be performed by the President OF THE PRESIDENT OF THE RUSSIAN FEDERATION 12. The International Commercial Arbitration Tribunal has the right to form offices away from its location, the operation of which is carried out by specially created branches (missions) of the Chamber of Commerce and Industry. Russian Federation. "; 28) Annex II, amend to read: " Annex II to the Law of the Russian Federation "On International Commercial Arbitration" Arbitration Commission of the Chamber of Commerce and Industry Russian Federation 1. The Maritime Arbitration Commission of the Chamber of Commerce and Industry of the Russian Federation (hereinafter referred to as the Maritime Arbitration Commission) is an independent permanent arbitration institution engaged in the administration of disputes, as provided for in paragraphs 2 and 3 of the present Ordinance, in accordance with this Law. The Maritime Arbitration Commission may also administer the arbitration proceedings in accordance with the Federal Arbitration (Arbitration) Act in the Russian Federation in accordance with the procedure established by it. Chamber of Commerce and Industry of the Russian Federation approves arbitration rules (or separate rules (rules) for different types and procedures of arbitration proceedings) of the Maritime Arbitration Commission, list of arbitrators, order The calculation of the arbitration fee, the arbitrators ' fees and other expenses of the Maritime Arbitration Commission, provides other assistance in its activities and is responsible for its activities to the parties to the arbitration in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The Maritime Arbitration Commission shall settle disputes arising out of contractual and other civil relations arising from commercial navigation, irrespective of whether the parties to such a relationship are parties to the Russian and foreign law Either Russian or only foreign law, in particular the disputes arising out of: 1) on the charter of vessels, the carriage of goods by sea, and the carriage of goods in mixed (river-sea) navigation; 2) maritime towing of vessels and other floating objects; 3) insurance and reinsurance; 4) related to the purchase and sale of maritime vessels and other floating facilities; 5) on pilotage and ice transactions, agent and other servicing of ships, as well as ships Inland navigation, as the related operations are related to the navigation of such vessels on sea routes; 6) related to the use of vessels for scientific research, mining of minerals, hydrotechnical and other works; 7) on the rescue of the sea vessels or the ship of the inland ship navigation, as well as on salvage in the sea waters of another inland navigation vessel; 8) related to the rise of shipwrecked vessels and other property; 9) related to the collision of maritime vessels, A sea-going vessel and inland navigation vessel, inland navigation vessels in seawater and damage to port facilities, navigational aids and other objects; 10) related to the infliction of Damage to fishing nets and other fishing gear (s) resources, as well as other harm in the conduct of commercial fishing. 3. The Maritime Arbitration Commission also resolves disputes arising from the navigation of ships and inland navigation vessels on international rivers, in the cases referred to in this article, as well as disputes relating to the implementation of the courts Inland navigation. 4. The Maritime Arbitration Commission shall take into consideration disputes when there is an agreement between the parties on the referral of disputes to it, as well as disputes which the parties are obliged to submit for its authorization under the international treaties of the Russian Federation. 5. In the cases to be considered by the Maritime Arbitration Commission, the Chairman of the Maritime Arbitration Commission may, at the request of the Party, establish the size and form of the claim and, in particular, order the seizure of the pending The Russian port of the vessel or the goods of the other party. 6. The number of arbitrators in the case of the Maritime Arbitration Commission may be odd and even in accordance with the arbitration rules (rules) (or separate rules (rules) for different types and procedures) arbitration of the Maritime Arbitration Commission. 7. The decisions of the Maritime Arbitration Commission as a result of the cases are voluntarily performed by the parties. Decisions not performed voluntarily by the party are carried out in accordance with the legislation of the Russian Federation and the international treaties to which the Russian Federation is a party. 8. The procedure for implementing the security granted under paragraph 5 of this Statute shall be established by the Chairman of the Maritime Arbitration Commission upon the entry into force of its decision. 9. The Maritime Arbitration Commission is the successor to the Maritime Arbitration Commission of the USSR Chamber of Commerce and Industry formed in 1930, and in particular has the right to settle disputes on the basis of agreements between the parties on the transfer of their disputes to the Sea. Arbitration Commission of the Chamber of Commerce and Industry of the USSR. 10. In the cases to be considered by the Maritime Arbitration Commission in accordance with this Law, the functions referred to in article 11, paragraphs 3 and 4, article 13, paragraph 3, and article 14 of this Law are fulfilled by the President of the Chamber of Commerce and Industry of the Russian Federation. THE RUSSIAN FEDERATION 11. The Maritime Arbitration Commission has the right to form offices away from its location, the operation of which is carried out by specially created branches (missions) of the Russian Chamber of Commerce and Industry of the Russian Federation. Federation. ". Article 3 Article 12, paragraph 1, of the Law of the Russian Federation of 7 July 1993 OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, (1309) Replace the word "form" with the word "establish". Article 4 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; 2001, N 33, article 3423; 2009, N 29, Text 3642; 2010, N 41, sect. 5193; 2013, N 30, sect. 4084; 2015, N 14, est. 2022; N 27 4001) the following changes: 1) Article 2 should be added to paragraph 8 as follows: " 8. If the present Federal Law provides for the judicial protection of the rights of the shareholders, such protection may be exercised by the arbitral tribunal in cases and in the manner prescribed by the federal law. "; 2) paragraph 3 of article 91. editions: " 3. It is the duty of the society to provide the shareholders of society with access to the legal acts in dispute relating to the establishment, administration or participation of the public, including the determination of the arbitral tribunal to commence proceedings and The application of a statement of claim or a statement of change of the cause or object of the claim previously filed. This requirement also applies to decisions and orders of the arbitral tribunal relating to the creation, administration or participation of the public. Within three days from the date of the submission of the relevant shareholder's request, the said documents must be made available by the public to familiarize the executive body of the society. The company is obliged to provide it with copies of these documents at the request of the shareholder. The fee charged by society for providing such copies may not exceed the cost of manufacture. ". Article 5 Article 5 Act dated 21 July 1997 N 122-FZ "On State Registration of Rights to Immovable Property and Transactions" (Legislative Assembly of the Russian Federation, 1997, N 30, sect. 3594; 2003, N 24, sect. 2244; 2004, N 27, sect. 2711; N 35, sect. 3607; N 45, sect. 4377; 2005, N 1, st. 22, 25; 2006, N 27, sect. 2881; 2007, N 41, sect. 4845; 2008, N 20, sect. 2251; 2009, N 52, sect. 6410; 2010, N 15, sect. 1756; 2011, N 49, sect. 7061; N 50, sect. 7347; 2013, N 30, est. 4083; N 51, sect. The following changes: 1) Article 17, paragraph 1, should read: " 1. The grounds for State registration of the existence, appearance, termination, transition, limitation (encumment) of rights to immovable property and transactions with it are: acts issued by public authorities or local authorities self-government within the scope of their competence, in the manner established by the law in force at the time of publication of such acts; treaties and other transactions relating to immovable property committed under the law in force at the site Real estate at the time of the transaction; acts (certificates) on the privatization of residential premises, carried out in accordance with the law in place at the time of the privatization at the time of the transaction; evidence of the right to inherit; legal acts which have entered into force; judgements of arbitral tribunals for which the executive sheets have been issued in accordance with court decisions that have entered into force jurisdiction or arbitral tribunals (executive sheets are granted State registrar jointly with the decisions of the arbitral tribunals); acts (certificates) of rights to immovable property issued by the authorized bodies of state authority in accordance with the law in force in the place of publication of such acts at the time of their publication; other acts of transfer of rights to immovable property and transactions with it in accordance with the law in force at the time of the transfer; other documents, OF THE PRESIDENT OF THE RUSSIAN FEDERATION The existence, creation, termination, transition, limitation (encumment) of rights to immovable property and transactions with it. Legal examination of the rights of legal documents submitted to the State registration, including verification of the legality of the transaction (except for a notarized transaction), is carried out by the implementing body State registration of rights in order to establish the absence of the grounds for refusal of the State registration of rights provided for by this Federal Law. "; 2) in article 28: (a) to supplement paragraph 2-1 of the following table of contents: " 2-1. The rights to immovable property established by a decision of the arbitral tribunal on which the executive sheet has been issued in accordance with the court ruling of general jurisdiction or arbitral tribunal which has entered into force shall be subject to State registration in the case of immovable property. which a State registrar is entitled to refuse only on the grounds specified in paragraphs 4, 6, 7, 9, paragraph 1, of this Federal Law. "; b), paragraph 1, paragraph 3, , to read: " 3. Copies of court decisions and determinations of the courts, arbitral tribunals in respect of immovable property (except for enforcement of court decisions on decisions of arbitral tribunals) are subject to a mandatory period of three days. by the judiciary to the organ exercising State registration of rights. ". Article 6 8 February 1998 N 14-FZ " On Societies with Restricted of the Russian Federation. 785; 2009, N 1, sect. 20; N 29, 100 3642; 2015, N 27, est. 4000, 4001) the following changes: 1) Article 8 should be added to paragraph 4 as follows: " 4. If the present Federal Act provides for the judicial protection of the rights of members of society, such protection may be exercised by the arbitral tribunal in cases and in the manner prescribed by the federal law. "; with the following sentence: "This requirement also applies to decisions and orders of the arbitral tribunal relating to the creation, management or participation of a society.". Article 7 Federal law dated August 8, 2001 N 129-FZ " On State Registration of Legal Persons and Individual Entrepreneurs " 33, sect. 3431; 2003, N 26, est. 2565; N 52, sect. 5037; 2008, N 30, sect. 3616; 2009, N 1, stop. 20; N 52, sect. 6428; 2010, N 21, st. 2526; N 31, st. 4196; 2011, N 27, sect. 3880; N 30, est. 4576; N 49, sect. 7061; 2012, N 31, sect. 4322; N 53, sect. 7607; 2013, N 26, est. 3207; 2014, N 14, est. 1551; N 19, est. 2312; N 30, sect. 4242; 2015, N 1, est. 10, 42; N 13, stop. 1811; N 27, sect. 4000, 4001) the following changes: 1) Article 17, paragraph 2, should be added to the following paragraph: " In the case of changes to a single state register of legal persons regarding the transfer of a share or part of a share in the charter The capital of a limited liability company is made on the basis of a court act or decision of the arbitral tribunal which has entered into force, and the registering body shall be presented with a duly authenticated registry. OF THE PRESIDENT OF THE RUSSIAN FEDERATION jurisdiction or arbitral tribunal or original and copy of the decision of the arbitral tribunal, together with the original of the executive sheet issued by that decision in accordance with the court ruling of the court of general jurisdiction or arbitral tribunal court. A certified copy of the court act, the original of the executive sheet on the decision of the arbitral tribunal, shall be submitted to the registering body and shall not be returned. A true copy of the arbitral tribunal's decision shall be returned to the applicant, a copy of that decision shall not be returned and remains in the records of the registering body. "; Existence of a judicial dispute or arbitral proceedings relating to the amount or part of a share in the authorized capital of a society with limited liability, or on the ownership of a share or part of a particular person, or other disputes arising out of the content Information about a limited liability company to be entered into a single State register of legal persons is not a ground for refusal of State registration. ". Article 8 Part Three of Article 56 Criminal Procedure Code of the Russian Federation, 2001, N 52, p. 4921; 2003, N 27, sect. 2706; 2007, N 24, sect. 2830; 2015, N 24, st. 3367) add the following to paragraph 7: "7) Arbitrator (Arbitrator)-on the circumstances that became known to him in the course of arbitration (arbitration).". Article 9 Article 9 Amend Arbitration Code of the Russian Federation (Russian Federation Law Assembly 2002, N 30, sect. 3012; 2008, N 30, sect. 3594; 2009, N 29, est. 3642; 2010, N 18, sect. 2145; N 31, st. 4163, 4197; 2011, N 15, sect. 2038; N 29, st. 4291; N 50, sect. 7364; 2014, N 26, est. 3392; 2015, N 1, st. 29; N 27, sect. The following changes are: 1) of Part 6 of Article 4 to read: " 6. Under the agreement of the parties to the arbitral tribunal, a dispute arising from civil law relations, pending the adoption by the arbitral tribunal of the first instance of the judicial act to which the merits of the case may be concluded, may be referred by the parties to Consideration of the arbitral tribunal, unless otherwise provided for by this Code and by federal law. "; 2), to supplement article 27 with Part 6 reading: " 6. Irrespective of whether the parties to the legal relationship from which a dispute or claim arose, legal entities, individual entrepreneurs or other organizations and citizens, arbitral tribunals consider cases: 1) Bankruptcy (bankruptcy); 2) in disputes referred to in article 225-1 of this Code; 3) on disputes of refusal of State registration, avoidance of the State registration of legal persons, individual (...) (...) related to the rights of shares and other securities and to the exercise of other rights and obligations under the federal law; 5) on disputes arising out of the activities of public law companies, public companies, State corporations and their legal status, their management, their creation, reorganization, liquidation, organization and the authority of their organs, the responsibility of their organs; 6) for protection disputes Rights with the participation of collective management organizations copyright and related rights, as well as disputes related to the jurisdiction of the Court of Intellectual Property in accordance with article 34, paragraph 4, of this Code; 7) on the protection of business reputation in the sphere of business and other (b) Economic activity; 8) other cases arising from the conduct of business and other economic activities, in the cases provided for by federal law. "; 3), article 31 should read as follows: " Article 31. The jurisdiction of cases involving the exercise by the arbitral tribunals of the functions of assistance and control of the arbitral tribunals , the Arbitral Tribunal shall, in accordance with chapter 30 of the present Code: (1) challenge decisions of arbitral tribunals arising in the conduct of business and other economic activities; 2) on the issue of enforcement sheets for the enforcement of decisions of arbitral tribunals disputes arising from business and other (c) "Economic activity; (3) to assist arbitral tribunals in disputes arising in the conduct of business and other economic activities."; (4) Article 33 should read as follows: " Article 33. Disputes to be referred to the arbitral tribunal 1. Disputes between the parties to the civil and legal relationship under the present Code may be referred to the arbitral tribunal, where there is a dispute between the parties to the arbitration agreement in force. 2. Could not be referred to the arbitral tribunal under the present Code: 1) the disputes referred to in article 27, paragraphs 1, 3, 6, paragraph 6, of this Code; 2) disputes, The disputes referred to in section III of the present Code; 3), which are provided for in chapters 27, 27-1 and 28-2 of this Code; 4) disputes referred to in paragraphs 1 to 5 of Part 2 of Article 225-1 of this Code; 5) disputes; OF THE PRESIDENT OF THE RUSSIAN FEDERATION Privatization of State and municipal property; 6) disputes arising from the relations governed by the legislation of the Russian Federation on the contractual system in the procurement of goods, works and services for the provision of public and municipal needs; 7) disputes arising out of compensation for damage caused to the environment; 8) other disputes in cases expressly provided for by federal law. "; 5) in article 38: (a) Supplement 8 to 1 as follows: " 8-1. A statement on the annulment of the decisions of arbitration courts and international commercial arbitration made in the territory of the Russian Federation is submitted to the arbitration court of the constituent entity of the Russian Federation, on the territory of which the arbitration court has decided. Under the agreement of the parties to the arbitration proceedings, the application for annulment of the decision of the arbitral tribunal may be filed with the arbitral tribunal of the subject of the Russian Federation at the place where one of the parties to the arbitration proceedings is found. "; b) Part 9 The following text should be revised: " 9. Application for the issuance of an executive sheet for the enforcement of decisions of arbitral tribunals and international commercial arbitration adopted in the territory of the Russian Federation, as well as a declaration of recognition and enforcement of decisions Foreign courts and foreign arbitral awards shall be submitted to the arbitral tribunal of the constituent entity of the Russian Federation at the debtor's location or place of residence, or if the place of residence is unknown, at the place where the property is located The debtor is a party to the arbitration proceedings. According to the agreement of the parties to the arbitration proceedings, the application for the execution of the decision of the arbitral tribunal may be submitted to the arbitral tribunal of the constituent entity of the Russian Federation on whose territory the decision was taken. of the arbitral tribunal or the arbitral tribunal of the constituent entity of the Russian Federation at the place where the party of the arbitration is in favour of which the decision of the arbitral tribunal was adopted. "; in) to supplement parts 9-1 and 9-2 as follows: " 9-1. A declaration of the arbitral tribunal's performance in respect of the arbitral tribunal referred to in article 240-1, part 2, of the present Code shall be submitted to the arbitral tribunal of the constituent entity of the Russian Federation in whose territory the arbitral tribunal is conducted accordingly. Arbitration. 9-2. A statement by the person concerned about objections to a foreign court or foreign arbitral award that does not require enforcement is filed with the arbitral tribunal of the constituent entity of the Russian Federation at the place of location or location the residence of the person concerned or the location of his or her property, and if the person concerned has no place of residence, location, property in the Russian Federation, in the Moscow City Court of Arbitration. "; Part 5-2, reading: " 5-2. Arbitrators (arbitrators) may not be questioned as witnesses about the circumstances that became known to them during the arbitration (arbitration procedure). "; 7) to supplement article 74-1 as follows: " Article 74-1. Requests from the arbitral tribunal to assist in the receipt of evidence 1. The arbitral tribunal with the place of arbitration in the territory of the Russian Federation (with the exception of the arbitral tribunal within the framework of the arbitral tribunal for the settlement of a particular dispute), in the case of the need to obtain the evidence required for the settlement of the dispute, shall be entitled to appeal to the arbitral tribunal of the constituent entity of the Russian Federation on the territory of which the evidence is located, requesting assistance in obtaining the evidence in accordance with the procedure established by article 66 of the present Code. The request may be issued by the arbitral tribunal to the arbitral tribunal to direct that request to the arbitral tribunal by the said party to the arbitral proceedings. 2. The request referred to in part 1 of this article shall indicate the circumstances to be clarified and the evidence to be obtained by the arbitral tribunal in the request. The request is sent to the arbitration court in which it is addressed. 3. The request referred to in part 1 of this article may be submitted for written evidence, exhibits and other documents and materials in accordance with articles 75, 76 and 89 of this Code. 4. The request referred to in part 1 of this article shall be enforceable at the latest within thirty days of the date of its receipt by the arbitral tribunal to which it is addressed. The request is not enforceable in the following cases: 1) the request is directed to obtain evidence not provided for in Part 3 of this Article; 2) the execution of the request may violate the rights and legitimate interests of third parties (a) The request shall be made in accordance with article 33, paragraph 2, of the Code; 5) allows you to provide access to information, is a service, commercial, bank or other secret protected by law against persons not participating in the arbitration proceedings. 5. The arbitral tribunal referred to in part 1 of this article shall render a determination, which shall be forwarded to the arbitral tribunal referred to in part 1 of this article. The definition is not subject to appeal. 6. The request referred to in part 1 of this article shall be executed in a court session of the arbitral tribunal according to the rules set out in this Code. The parties to the arbitration shall be informed of the time and place of the hearing. Failure of the parties to the arbitral proceedings duly notified of the time and place of the hearing shall not constitute an obstacle to the holding of the meeting unless that is contrary to the substance of the request. 7. The performance of the request referred to in part 1 of this article shall be determined, which shall be forwarded to the arbitral tribunal for a period of three days, with all materials collected in the execution of the request, or communicated to the party The Panel is of the interest of the parties to the dispute. If the request referred to in part 1 of this article is not available for reasons beyond the control of the arbitral tribunal, it is stated in the definition. "; Repeal the said decision "; 9) 225-1 as follows: " Article 225-1. Corporate Dispute Case 1. Arbitration courts deal with disputes arising out of the establishment, management or participation of a legal entity that is a commercial organization, as well as a non-profit partnership, association (union) of commercial entities organizations, other not-for-profit organizations uniting commercial organizations and (or) individual entrepreneurs, a non-profit organization with the status of a self-regulatory organization in accordance with federal law (hereinafter referred to as the corporate disputes), including on the following corporate disputes: 1) Disputes relating to the establishment, reorganization and liquidation of a legal entity; (2) disputes relating to ownership of shares, shares in the statutory (warehousing) capital of economic societies and partnerships, members of cooperatives, and establishment and the realization of their rights (other than those referred to in other paragraphs of this part), in particular disputes arising from contracts for the sale of shares, shares in the statutory (warehousing) capital of economic societies, partnerships, associations, disputes relating to the application of the recovery of shares and shares in the (stored) capital of economic societies, partnerships, partnerships, except disputes arising out of the activities of depositaries related to the rights of shares and other securities, disputes arising in connection with the division of inheritance assets or the division of the matrimony assets, including shares, shares in the statutory (warehousing) capital of economic societies and partnerships, members of cooperatives; 3) disputes over claims by founders, participants and members of a legal person ( -members of a legal entity) for damages caused by the A legal person, the annulment of transactions made by a legal entity and (or) the application of the consequences of the invalidity of such transactions; 4) disputes relating to the appointment or election, termination, suspension of powers and the liability of persons belonging to or belonging to or belonging to the control organs of the legal entity, disputes arising out of civil legal relations between the persons concerned and the legal person in connection with the implementation, termination, Suspension of the powers of those persons as well as disputes arising out of agreements of the legal person concerned about the management of this legal entity, including disputes arising out of corporate contracts; 5) disputes related to the issue of securities, including the challenge of non-normative legal acts, Decisions and actions (inaction) of state bodies, local self-government bodies, other bodies, officials, decisions of the issuer's authorities, challenges of transactions in the process of issuing emissive securities, reports (s) on the output (additional release) of the emission securities; 6) disputes arising out of the activity of the registry holders ' registry of securities and other securities held by the holder of the security registry of other rights and obligations, (b) Disputes relating to the convocation of a general meeting of the legal person; 8) disputes concerning the appeal of decisions of the legal entity; 9) Disputes arising out of the activities of the notaries on the certificate Transactions with shares in the authorized capital of limited liability companies. 2. The disputes referred to in part 1 of this article may be referred to the arbitral tribunal under article 33, paragraph 1, of this Code, with the exception of: 1) of the disputes referred to in paragraphs 7 and 9 of Part 1 of this Article; (2) disputes relating to the challenge of non-normative legal acts, decisions and actions (inaction) of state bodies, local self-government bodies, other bodies, organizations endowed with federal law public or other public authority, officials; 3) the disputes referred to in part 1 of this article if, at the time of the initiation of the case before the arbitral tribunal or the commencement of the arbitral proceedings before the arbitral tribunal, the legal entity in respect of which such disputes have arisen is the economic society, Essential to the defence of the country and the security of the State under the Federal Act of 29 April 2008, No. 57-FZ " On the Procedure for Foreign Investment in Economic Societies with Strategic to ensure the country's defence and the security of the State. " This paragraph does not apply to disputes relating to the ownership of shares, the share in the authorized (warehousing) capital of legal persons of essential importance for the defence of the country and the security of the State, in accordance with the above Federal law, except where such disputes arise from transactions with shares, shares in the statutory (warehousing) capital of these legal persons subject to prior approval in accordance with the Federal Law. 4) disputes relating to the application of the provisions of Chapters IX and XI-1 of the Federal Act On 26 December 1995, N 208-FZ "On joint-stock companies"; 5) disputes relating to the exclusion of participants of legal persons referred to in Part 1 of this article. 3. The disputes referred to in paragraphs 1 (except those referred to in paragraph 2 of part 2 of this article), 3, 4, 5 (except those referred to in paragraph 2 of part 2 of this article) and 8 of part 1 of this article may be referred for consideration. In accordance with article 33, paragraph 1, of the Code of Arbitration, only in the case of a legal person, all members of the legal entity, as well as other persons who are plaintiffs or defendants in such disputes, have entered into an arbitration agreement The referral of such disputes to the arbitral tribunal. Such a dispute may be referred to the arbitral tribunal only in the context of the arbitral proceedings administered by a permanent arbitral institution which has approved, The Internet Information and Telecommunications Network of the Rules of Arbitration of Corporate Disputes, established by federal law, with the place of arbitration in the territory of the Russian Federation. 4. Disputes relating to corporate disputes under part 1 of this article but not referred to in paragraphs 1 to 9 of part 1 of this article may be referred to the arbitral tribunal under article 33, paragraph 1, of this Code. Corporate disputes arising out of this Part and arising between the parties to the legal entity and the legal entity itself, including the disputes arising from the claims of the parties to the legal entity in relation to the legal relationship of a legal entity with a third person, when The parties to the legal person have the right to bring such a claim under the law, may be referred to the arbitral tribunal only if the legal person, all members of the legal entity, and other persons who are disputes between plaintiffs or defendants, arbitration agreement disputes referred to the arbitral tribunal, and if such arbitration is administered by a permanent arbitral institution that has established and deposited and placed on its website in the information and telecommunications network "Internet" of the rules of the proceedings of corporate disputes in accordance with the procedure established by federal law, with the place of arbitration in the territory of the Russian Federation. 5. The disputes referred to in this article can only be considered by an arbitral tribunal administered by a permanent arbitral institution. "; 10) in chapter 30: (a) the title should read: " Chapter 30: In the case of the performance of the arbitral tribunals for the facilitation and control of the arbitral tribunals ; b), paragraph 1, state the following: " § 1. Proceedings to challenge decisions arbitral tribunals Article 230. Challenging the decisions of arbitration courts 1. The rules set out in this paragraph shall apply to arbitration by the arbitral tribunal against decisions of arbitral tribunals and international commercial arbitration (arbitral tribunals) with the place of arbitration in the territory of the Russian Federation. 2. Challenging in arbitral tribunal decisions by arbitral tribunals arising out of civil law relations in the conduct of business and other economic activities may be made by persons participating in the arbitral tribunal Proceedings, as well as other persons whose rights and obligations have been adjudicating by the arbitral tribunal, by filing an application with the arbitral tribunal for the annulment of the decision of the arbitral tribunal pursuant to article 233 of this Code. 3. If the decision of the arbitral tribunal affects the interests of the Russian Federation and the subject of the decision of the arbitral tribunal, the decision of the third and fourth paragraphs of article 52, paragraph 1, of this Code is applicable to the decision of the arbitration court. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. An application for the annulment of a decision of the arbitral tribunal shall be filed with the arbitral tribunal of the constituent entity of the Russian Federation, in whose territory the arbitral tribunal has decided, within a period not exceeding three months from the date of receipt of the contested decision by the party " If not established by the international treaty of the Russian Federation or by federal law, the arbitration procedure is not established by the Russian Federation. Upon the agreement of the parties to the arbitration proceedings, the application to cancel the decision of the arbitral tribunal may be filed with the arbitral tribunal of the constituent entity of the Russian Federation at the place where one of the parties is located. 5. A person who is not a party to the arbitral proceedings and in respect of the rights and obligations of which a decision of the arbitral tribunal has been made, as well as the prosecutor in the cases established by this article, shall be entitled to apply for the annulment of the decision in the case of the arbitral tribunal. The arbitral tribunal of the constituent entity of the Russian Federation, on whose territory the arbitral tribunal has decided, shall not exceed three months from the date on which the person in question learned or should have heard of the arbitral tribunal's decision. 6. The application for annulment of the decision of the arbitral tribunal shall be paid by the state duty in the amount provided for by the federal law to pay the application for the enforcement of the decision of the arbitral tribunal. Article 231. The requirement to cancel a decision of the arbitration court 1. An application for the annulment of a decision of the arbitral tribunal shall be in writing and signed by the person challenging the decision or by its representative. The application could also be filed by filling out the form on the official website of the arbitral tribunal in the Internet telecommunications network. 2. In the declaration of annulment, the arbitral tribunal's decision should be indicated: 1) the name of the arbitral tribunal to which the application is filed; 2) the composition of the arbitral tribunal which took the decision, its location, the name is constant The arbitration institution that administers the relevant arbitration proceedings, its place of arbitration (if there is a permanent arbitration institution); 3) the name of the parties to the arbitration proceedings, their location or place of residence; 4) date and the place of decision of the arbitral tribunal; 5) the date of receipt of the contested decision of the arbitral tribunal by the party requesting the annulment of the decision, or the date on which the person who is not party to the arbitral tribunal The proceedings and in respect of the rights and obligations of which the arbitral tribunal rendered its decision found the decision contested by the arbitral tribunal; 6) the applicant's request for annulment of the decision of the arbitral tribunal, as well as the grounds upon which the said decision was challenged Decision. 3. The statement may include telephone numbers, fax numbers, e-mail addresses and other information. 4. A copy of the award of the arbitral tribunal, signed by the arbitrators and the party to the arbitration pursuant to federal law; 2) is genuine. Agreement on the arbitral proceedings or a duly certified copy; 3) documents submitted in support of the request for annulment of the decision of the arbitral tribunal; 4), proof of payment by the State Duties in the order and in the amount set by the federal law; 5) notification of service or other document confirming the sending of a copy of an application for annulment of the decision of the arbitral tribunal to the other party of the arbitration proceedings; 6) a power of attorney or other document confirming The authority of the person to sign the application. 5. For the purposes of implementing paragraphs 1 and 2 of part 4 of this article, a person who is not a party to the arbitral proceedings and in respect of the rights and obligations of which the arbitral tribunal has decided shall be entitled to apply for the annulment of the decision. Any document confirming that such decision has been made. 6. The documents annexed to the declaration of annulment of the decision of the arbitral tribunal may be submitted to the arbitral tribunal in electronic form. 7. An application for the annulment of a decision of an arbitral tribunal filed in violation of the requirements laid down in article 230 of this Code and of this article shall be left without movement or shall be returned to the person who submitted it, according to the rules established by articles 128 and 129 of this Code. Article 232. Order of consideration of the application for reversal of the decision of the arbitration court 1. The application for annulment of the decision of the arbitral tribunal shall be considered by the judge alone in accordance with the rules of procedure set out in this Code by the arbitral tribunal of first instance, taking into account the circumstances set out in this paragraph, exceeding one month from the date of its admission to the arbitral tribunal of the constituent entity of the Russian Federation. 2. In preparing a case for annulment of the arbitral tribunal's decision on the application of the persons involved in the case, the arbitral tribunal may request the case file to be contested by the arbitral tribunal from a standing trial of an arbitration institution in which the arbitration case file is in storage or from the body authorized to store the arbitration case under Russian law, according to the rules laid down in this article Code for the extermination of evidence. 3. In considering an application for annulment of a decision of the arbitral tribunal made by a person who is not a party to the arbitration proceedings and in respect of the rights and obligations of which the arbitral tribunal has decided, the arbitral tribunal is obliged to involve All parties to the arbitration proceedings are involved. 4. Persons participating in the annulment of the decision of the arbitral tribunal shall be notified by the arbitral tribunal about the time and place of the hearing. The failure of these persons, duly notified of the time and place of the hearing, is not an obstacle to the consideration of the case. 5. If an application for the annulment of a decision of the arbitral tribunal is made on the grounds that the party to the arbitral proceedings was not duly notified of the appointment of the arbitral tribunal or of the arbitral proceedings, including the time and The seat of the arbitral tribunal, or for other valid reasons, was unable to provide its explanation, or that the arbitral tribunal's decision was made in a dispute not provided for in the arbitral agreement or not under its terms, or contained Orders on matters going beyond the boundaries of the arbitration agreement or The arbitral tribunal or arbitration procedure did not comply with the agreement of the parties or the federal law, the arbitral tribunal may, at the request of the party to the arbitration proceedings, have the right to suspend the proceedings in the case of the annulment of the decision of the arbitral tribunal. A court for a period not exceeding three months in order to allow the arbitral tribunal to reopen the arbitration proceedings and remove the grounds for setting aside the award. Upon resumption of proceedings for annulment of a decision of the arbitral tribunal, the arbitral tribunal shall consider the application for annulment of the decision of the arbitral tribunal, taking into account the action taken by the arbitral tribunal in order to remove the grounds for setting aside the arbitral tribunal. solutions. 6. When examining a case, the arbitral tribunal shall determine whether or not there is a ground for annulment of the decision of the arbitral tribunal provided for in article 233 of this Code by examining the evidence submitted to the court in The reasons for the claims and objections are justified, but are not entitled to overstate the circumstances established by the arbitral tribunal or to reconsider the decision of the arbitral tribunal on the merits. Article 233. Grounds for overruling the arbitral tribunal's decision 1. The decision of the arbitral tribunal may be set aside by the arbitral tribunal only in the cases provided for in this article. 2. The decision of the arbitral tribunal may be terminated by the arbitral tribunal on the grounds set out in Parts 3 and 4 of this Article. The decision of the arbitral tribunal may be annuled on the grounds set out in part 4 of this article, even if the party applying for the reversal of such a decision does not invoke the said grounds. 3. The decision of the arbitral tribunal may only be overturned by the arbitral tribunal if the party filing an application for the annulment of such a decision will provide evidence that: 1) one of the parties to the arbitration agreement under which the arbitration agreement is based on The dispute was settled by the arbitral tribunal, did not have full legal capacity; (2) the arbitration agreement, on the basis of which the dispute was settled by the arbitral tribunal, is not valid on the right to which the parties subordinated it, and in the absence of such an arbitral tribunal OF THE PRESIDENT OF THE RUSSIAN FEDERATION is made in a dispute not covered by an arbitral agreement or subject to its terms, or it contains orders on matters that go beyond the boundaries of the arbitration agreement. If the decisions of the arbitral tribunal on matters covered by the arbitration agreement may be separated from decisions on matters not covered by such an agreement, only that part of the decision that contains the arbitral award may be cancelled. Decisions on matters not covered by the arbitration agreement; 4) the composition of the arbitral tribunal or the arbitration procedure did not comply with the agreement of the parties or federal law; 5) the party against which the decision was made of the arbitral tribunal was not duly notified of the election (s) The arbitral tribunal was unable to provide an explanation to the arbitral tribunal about the time and place of the arbitral tribunal or the place of the meeting of the arbitral tribunal or for other valid reasons. 4. The arbitral tribunal quits the arbitral tribunal's decision if it determines that: 1) the dispute considered by the arbitral tribunal may not be the subject of arbitration under federal law; 2) The court is contrary to the public policy of the Russian Federation. If part of the decision of the arbitral tribunal, which is contrary to the public policy of the Russian Federation, may be separated from that part which does not contradict it, only that part of the decision of the arbitral tribunal which contradicts it may be abolished. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. The decision of international commercial arbitration may be overturned by the arbitral tribunal on the basis of the international treaty of the Russian Federation and the federal law on international commercial arbitration. Article 234. Definition of the arbitral tribunal in the case of challenge to the arbitral tribunal's decision 1. As a result of the review of the application for the annulment of the decision of the arbitral tribunal, the arbitral tribunal shall rule on the rules established by chapter 20 of this Code for decision. 2. The arbitral tribunal's determination to challenge the arbitral tribunal's decision should contain: 1) the information about the disputed decision of the arbitral tribunal and its place of acceptance; 2) the details of the composition of the arbitral tribunal, that has accepted the contested decision; 3) the name of the parties to the arbitration proceedings; 4) to cancel the arbitral tribunal's decision in whole or in part or to refuse to satisfy the applicant's claim in whole or in part; 5) in case of failure to satisfy the applicant's request for reversal of the decision The arbitral tribunal shall, in full or in part, order that the person in favour of the decision be granted enforcement of the decision of the arbitral tribunal in accordance with the procedure provided for in article 319 of the Code (except as provided for in article 238, part 7, paragraph 3, of this Code, unless otherwise decided by the arbitral tribunal of the Russian Federation) ). 3. The decision of the arbitral tribunal does not prevent the parties of the arbitration from re-appeal to the arbitral tribunal if the possibility of recourse to the arbitral tribunal is not lost or to the arbitral tribunal under the general rules provided for in this article Code. 4. In the event that a decision of the arbitral tribunal has been annulled by the arbitral tribunal in whole or in part as a result of the invalidity of the arbitration agreement, or it has been adopted in a dispute not provided for by the arbitration agreement or subject to its terms, or contains orders on matters not covered by the arbitration agreement, or if the arbitral tribunal's decision was overturned by the arbitral tribunal because the dispute considered by the arbitral tribunal could not be the subject of arbitration in accordance with federal law or the decision of the arbitral tribunal violates the law The public policy of the Russian Federation, the parties to the arbitration may apply for the resolution of such dispute before the arbitral tribunal under the general rules provided for in this Code. 5. The determination of the arbitral tribunal in the challenge of a decision of the arbitral tribunal may be appealed in cassation before the District Court of Arbitration within one month from the date of the determination. Article 235. Consideration of the declaration on competence of the arbitral tribunal 1. In cases provided for by federal law, any party to the arbitration may apply to the arbitral tribunal of the constituent entity of the Russian Federation in whose territory the arbitration proceedings are held, with a declaration to revoke the order of the provisional nature of the existence of a competence. 2. A statement on the competence of the arbitral tribunal may be made within one month of the receipt by the party of the arbitral proceedings of the order of the arbitral tribunal referred to in part 1 of this article. 3. The arbitral tribunal shall examine the application for the competence of the arbitral tribunal under the rules set out in this paragraph. 4. If, by the time of the arbitral tribunal's consideration of the competence of the arbitral tribunal, a decision of the arbitral tribunal will be rendered in the same dispute, the application shall be retained without review in connection with the completion of the arbitral tribunal. The proceedings. In this case, the party to the arbitration that has applied for the jurisdiction of the arbitral tribunal shall not be deprived of the right to invoke the circumstances which are the basis of the claim, when the arbitral tribunal is seized of the application The decision of the arbitral tribunal to enforce the decision of the arbitral tribunal on the same dispute shall be withdrawn or issued. 5. As a result of the examination of the application on the competence of the arbitral tribunal, the arbitral tribunal shall determine whether the award of the arbitral tribunal has been revoked whether it has jurisdiction or not to satisfy the applicant's claim. 6. The definition of the arbitral tribunal referred to in Part 5 of this Article shall not be subject to appeal. "; , paragraph 2, in the following wording: " § 2 Production of the executive sheet on the enforcement of the arbitral award Article 236. Issuing an enforcement sheet to enforce enforcement of the arbitration court decision 1. The rules set out in this paragraph shall apply when the arbitral tribunal considers applications for the enforcement of decisions of arbitral tribunals and international tribunals in the territory of the Russian Federation. Commercial Arbitration (arbitral tribunals). 2. The issue of the enforcement of the decision of the arbitral tribunal in a dispute arising out of civil law relations in the conduct of business and other economic activities shall be considered by the arbitral tribunal on the basis of A statement by the party to the arbitration in favour of which the arbitral tribunal decided. 3. An application for the enforcement of a decision of the arbitral tribunal shall be filed with the arbitral tribunal of the constituent entity of the Russian Federation at the debtor's location or place of residence, or if the debtor's location or place of residence It is not known where the property of the debtor is the party to the arbitration proceedings. According to the agreement of the parties to the arbitration proceedings, the application for the execution of the decision of the arbitral tribunal may be submitted to the arbitral tribunal of the constituent entity of the Russian Federation on whose territory the decision was taken. of the arbitral tribunal or the arbitral tribunal of the constituent entity of the Russian Federation at the place where the party to the arbitration was in favour of which the award was made by the arbitral tribunal. Article 237. The requirement for an application to issue an executive enforcement sheet of the arbitral tribunal 1. An application for the issuance of an enforcement sheet for the enforcement of a decision of the arbitral tribunal shall be in writing and shall be signed by the person in favour of the decision or his representative. The application could also be filed by filling out the form on the official website of the arbitral tribunal in the Internet telecommunications network. 2. The application for enforcement of the decision of the arbitral tribunal should specify: 1) the name of the arbitral tribunal to which the application is filed; 2) the composition of the arbitral tribunal which accepted The solution, its location, the name of the permanent arbitration institution that administered the relevant arbitration, its location (if there is a permanent arbitral institution); 3) the name of the parties to the arbitration proceedings, their place (a) The date and place of the decision of the arbitral tribunal; 5) the applicant's request for enforcement of the decision of the arbitral tribunal. 3. The application for the enforcement of the decision of the arbitral tribunal may include telephone numbers, fax numbers, e-mail addresses and other information. 4. Annexed to the application for enforcement of the decision of the arbitral tribunal is: 1) a copy of the award signed by the arbitrators, certified by the permanent arbitration institution, notarial authenticated copy of the arbitral tribunal's decision formed by the parties to resolve a particular dispute; 2) a genuine arbitration agreement or a duly certified copy; 3) the document, The payment of the State duty is in the order and in the amount of established by federal law; (4) notification of service or other document confirming the sending of a copy of the application for the enforcement of the execution of a decision of the arbitral tribunal to the other party of the arbitral tribunal proceedings; 5) a power of attorney or other document affirming the authority of the person to sign the application. 5. The documents annexed to the application for enforcement of the decision of the arbitral tribunal may be submitted to the arbitral tribunal in electronic form. 6. Application for the issuance of an executive sheet for enforcement of a decision of an arbitral tribunal, submitted in violation of the requirements laid down in article 236 of this Code and this article, is left without movement or is returned to the person, in accordance with the rules established by articles 128 and 129 of this Code. Article 238. The procedure for considering applications for the enforcement sheet enforcement of a decision of the arbitral tribunal 1. The application for the enforcement of the decision of the arbitral tribunal shall be considered by the judge alone in accordance with the rules of procedure of the arbitral tribunal of first instance provided for in this Code, taking into account the circumstances of the case, within a period not exceeding one month from the date of its admission to the arbitral tribunal of the constituent entity of the Russian Federation. 2. In preparing a case for trial on request of the party to the arbitral proceedings, the court may exterminate a permanent arbitral institution or from a body authorized to store the material of the arbitration case in OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The parties to the arbitration shall be informed by the arbitral tribunal of the time and place of the hearing. The failure of those persons, duly informed of the time and place of the hearing, is not an obstacle to the consideration of the case. 4. When examining a case, the arbitral tribunal shall, in a court hearing, determine whether or not there are grounds for refusing to issue an executive order for the enforcement of the decision of the arbitral tribunal provided for in article 239 of this Code, by researting the evidence submitted to the court for substantiation of claims and objections, but is not entitled to overestimate the circumstances established by the arbitral tribunal or to reconsider the decision of the arbitral tribunal on the merits. 5. If in the same arbitral tribunal the application for enforcement of the decision of the arbitral tribunal and the application for its annulment are under consideration by the arbitral tribunal, the arbitral tribunal shall merge the said cases into one proceeding in the same proceedings. The procedure provided for in article 130, paragraphs 2 to 1 and 6, of this Code. 6. If the application for enforcement of the decision of the arbitral tribunal is pending in the various arbitration courts of the Russian Federation, the arbitral tribunal in which the arbitral tribunal is seized These applications, which have been submitted at a later date, have the obligation to suspend the proceedings instituted against them in accordance with article 143, paragraph 1, of this Code, pending the consideration by the other arbitral tribunal of the declared application The first. In the case of the different arbitration courts of the Russian Federation, the application for the enforcement of the decision of the arbitral tribunal and the application for its abolition are under consideration in the same day. The rules set out in this Part are subject to suspension of proceedings in the case of the issuing of an enforcement sheet for the enforcement of a decision of the arbitral tribunal. 7. Upon resumption of proceedings in a case which has been suspended in accordance with Part 6 of this article, the arbitral tribunal shall determine: (1) refusing to issue an enforcement order Decisions of the arbitral tribunal in the event that the arbitral tribunal of the Russian Federation decided to rescu the decision; (2) to terminate the proceedings on the application for enforcement of the decision arbitration pursuant to article 150, paragraph 2, of this Code The decision by the other arbitral tribunal of the Russian Federation to refuse to set aside this decision, taking into account the provisions of article 234, paragraph 5, of the present Code; 3) refusing to cancel the arbitral tribunal's decision in the event of by the other arbitral tribunal of the Russian Federation for the enforcement of this decision; 4) on the termination of the proceedings on the application for the annulment of the decision of the arbitral tribunal under the rules laid down in Article 150, paragraph 2, of this Code, in the case of a different arbitral tribunal The court of the Russian Federation has determined that the execution of this decision has been refused. 8. In the event that an arbitral tribunal considering an application for the annulment of a decision of the arbitral tribunal or the enforcement of the award, would suspend the proceedings so that the arbitral tribunal could resume the arbitral proceedings and eliminate the grounds In order to revoke the decision of the arbitral tribunal or not to enforce it, the arbitral tribunal may resume arbitration at the request of any party filed within the time limit for such suspension in the arbitral tribunal. Article 239. The grounds for refusing to issue an executive sheet on enforcement of the arbitral award 1. The arbitral tribunal may refuse to issue an enforcement form for the enforcement of a decision of the arbitral tribunal only in the cases provided for in this article. 2. The enforcement of the decision of the arbitral tribunal may be refused on the grounds set out in Parts 3 and 4 of this Article. The enforcement of the execution of the decision of the arbitral tribunal may be refused on the grounds set out in Part 4 of this article, even if the party against whom the decision is made does not refer to the said reasons. 3. The arbitral tribunal may refuse to issue an enforcement form for the enforcement of a decision of the arbitral tribunal if the party to the arbitral tribunal against which the arbitral tribunal has decided shall provide evidence that: (1) One of the parties to the arbitration agreement, on the basis of which the dispute was settled by the arbitral tribunal, did not have full legal capacity; (2) the arbitration agreement, on the basis of which the dispute was settled by the arbitral tribunal, is invalid the right to which the parties have been subordinated, and in the absence of such instruction of the Russian Federation; 3) the party against whom the decision was made was not duly notified of the appointment of the arbitral tribunal or of the arbitral proceedings, including the time and place of the arbitral tribunal, or For other valid reasons, it was not possible to submit to the arbitral tribunal its explanations; (4) the award of the arbitral tribunal was made in a dispute not covered by the arbitration agreement or not subject to its terms, or it contains orders beyond the scope of the arbitration agreement, and what if Decisions on matters covered by the arbitration agreement may be separated from those not covered by such an agreement, the part of the decision of the arbitral tribunal which contains orders on the matters covered by the arbitration agreement, may be recognized and enforced; 5) the constitution of the arbitral tribunal or the arbitration procedure did not comply with the agreement of the parties or the federal law. 4. The arbitral tribunal shall refuse to issue an enforcement form for enforcement of a decision of the arbitral tribunal if it determines that: 1) the dispute considered by the arbitral tribunal may not be subject to federal law " The enforcement of the decision of the arbitral tribunal is contrary to the public policy of the Russian Federation. If part of the decision of the arbitral tribunal, which is contrary to the public policy of the Russian Federation, may be separated from the part it does not contradict, that part of the decision, which is not contrary to the public policy of the Russian Federation, may to be recognized or carried out. 5. The arbitral tribunal may refuse to issue an executive order for the enforcement of a decision of international commercial arbitration on the grounds provided for by the international treaty of the Russian Federation and the federal law on international trade. Commercial Arbitration. Article 240. Definition of the arbitral tribunal in the issue of the extradition of the enforcement sheet enforcement of the arbitral award 1. As a result of the review of the application for enforcement of the decision of the arbitral tribunal, the arbitral tribunal shall render a determination in accordance with the procedure established by chapter 20 of this Code for decision. 2. In the determination of the enforcement of the decision of the arbitral tribunal, the decision of the arbitral tribunal should contain: 1) the details of the composition of the arbitral tribunal which issued the award; 2) the name is constant The arbitration institution administered by the arbitral tribunal, its location (if there is a permanent arbitration institution); 3) the name of the parties to the arbitration; (4) Information on the decision of the arbitral tribunal, on the issuance of an executive sheet for The enforcement of which is requested by the applicant; 5) orders to issue an enforcement paper for enforcement of the decision of the arbitral tribunal or refusal to issue an executive sheet. 3. The refusal to issue an enforcement form for enforcement of a decision of the arbitral tribunal shall not constitute an obstacle to the rereferral to the arbitral tribunal if the possibility of recourse to the arbitral tribunal is not lost or to the arbitral tribunal in general The rules laid down in this Code. 4. In the event that an executive sheet for enforcement of a decision of the arbitral tribunal has been refused by the arbitral tribunal in whole or in part as a result of the invalidity of the arbitration agreement, or the decision was taken on the dispute, not subject to the arbitration agreement or subject to its terms, or it contains orders on matters not covered by the arbitration agreement, or if the dispute considered by the arbitral tribunal cannot be the object Arbitration under federal law or decision The arbitral tribunal is contrary to the public policy of the Russian Federation, the parties to the arbitration may apply for the resolution of such dispute before the arbitral tribunal under the general rules provided by this Code. 5. The determination of the arbitral tribunal in the case concerning the enforcement of the decision of the arbitral tribunal may be appealed in cassation before the District Court of Arbitration within one month from the date of the determination. "; g) add the following content to paragraph 3: " § 3. Production of cases involving the performance of the arbitration by the arbitral tribunals of the arbitral tribunal Article 240-1. Cases relating to the performance of the arbitral tribunal by the courts of arbitration of the arbitral tribunal 1. The rules set out in this paragraph shall be applied by the arbitral tribunal to assist in the arbitral proceedings being conducted in the territory of the Russian Federation. 2. In accordance with this paragraph, the arbitral tribunal shall exercise the following functions in respect of arbitration courts in disputes arising out of civil legal relations in the conduct of business and other economic activities: 1) resolving issues related to the disqualification of the referee; (2) resolving issues related to the appointment of an arbitrator; 3) resolving issues related to the termination of the power of an arbitral tribunal. 3. The arbitral tribunal shall carry out the functions referred to in part 2 of this article only in cases provided for by federal law. 4. The arbitral tribunal shall perform the functions referred to in part 2 of this article on the basis of a declaration filed by the person or persons participating in the arbitral proceedings. 5. The declaration referred to in part 4 of this article shall be submitted to the arbitral tribunal of the constituent entity of the Russian Federation on whose territory the relevant arbitration is conducted, within a period not exceeding one month from the date on which the person filing the claim is made. The application, it became known or should have been known about the circumstances under which the application was filed. 6. The declaration referred to in Part 4 of this article shall be paid by the State duty in the amount provided for by the federal law for payment of a non-property claim. Article 240-2. Requirements for the application of the arbitral tribunal by the courts of assistance to the arbitral tribunal 1. Application for the arbitral tribunal's facilitation of the arbitral tribunal referred to in article 240-1, part 2, of the present Code (hereinafter referred to as the "Statement of Assistance"), shall be submitted in writing and signed by the person submitting it or his or her by the representative. An application for assistance may also be made by filling out the form on the official website of the arbitral tribunal in the Internet Information and Telecommunications Network. 2. The statement of assistance should specify: 1) the name of the arbitral tribunal to which an application for assistance is filed; 2) the composition of the arbitral tribunal considering the dispute, its location, the name of the arbitral tribunal The arbitration institution in force, the arbitral tribunal, its location (if there is a permanent arbitration institution); 3) the name of the parties to the arbitration proceedings, their place residence or place of residence; 4) details of the arbitral tribunal (arbitrators), for whom an application for assistance (if applicable); 5) an indication of the circumstances that constitute the basis for the applicant's application to the arbitral tribunal for assistance in respect of the arbitral tribunal, and Federal Act providing for the arbitral tribunal to perform the functions for which the applicant is referred; 6) the applicant's claim and the basis of the claim. 3. The request for assistance may include telephone numbers, fax numbers, e-mail addresses and other information. 4. The application for assistance shall be accompanied by: 1) a duly certified copy of the claim before the arbitral tribunal with evidence of its receipt by the respondent. Copies of these documents may be certified by the Chairman of the permanent arbitral institution administering the relevant arbitral proceedings or notarized; 2) a genuine agreement on the arbitral tribunal Proceedings or duly certified copy; 3) documents substantiating the circumstances justifying the applicant's application to the arbitral tribunal for assistance in respect of the arbitral tribunal; 4) The documents submitted in support of the claimant's claim; 5) a document confirming the payment of the State duty in the manner and in the amount set by federal law; 6) a power of attorney or other document confirming the authority of the person to sign the declaration of assistance. 5. The documents annexed to the statement of assistance may be submitted to the arbitral tribunal in electronic form. 6. An application for assistance submitted in violation of the requirements of article 240-1 of this Code and of this article shall be left without movement or shall be returned to the complainant under the rules established by articles 128 and 129 of the present Code. Code. Article 240-3. Order of consideration of the application for assistance 1. The application for assistance shall be considered by a single judge of the arbitral tribunal of the constituent entity of the Russian Federation, pursuant to the rules of procedure of the arbitral tribunal of first instance provided for in this Code, with special features established by this Code. by a paragraph and by a federal law within a period not exceeding one month from the date of receipt of the application for assistance to the arbitral tribunal of the constituent entity of the Russian Federation. 2. The parties to the arbitration shall be informed by the arbitral tribunal of the time and place of the hearing. The failure of those persons, duly informed of the time and place of the hearing, is not an obstacle to the consideration of the case. 3. In a case, the arbitral tribunal shall determine whether or not there are grounds for satisfying the requirements of the applicant by examining the evidence submitted to the court in support of the claims and objections. 4. If, by the time of the arbitral tribunal's consideration of the application for assistance to resolve the matter referred to in paragraph 1 of article 240-1, paragraph 1, of the present Code, the arbitral tribunal's decision on the dispute shall be rendered; -Abandability of the arbitral tribunal. In this case, the party to the arbitration that has applied for assistance is not deprived of the right to invoke the circumstances which are the basis of the declaration of assistance, when the arbitral tribunal considers the application for cancellation or extradition. of the enforcement list of the decision of the arbitral tribunal in the same dispute. 5. The judge who served as the assistance to the arbitral tribunal referred to in article 240-1, part 2, of the present Code is not entitled to participate in the review of an application for the annulment or issuance of an enforcement form for enforcement of a decision the arbitral tribunal in accordance with article 21, paragraph 1, of this Code. Article 240-4. Reasons for granting the Assistance 1 statement. The challenge to the arbitral tribunal is to be satisfied by the arbitral tribunal, where there are at the same time: 1) the procedure for disqualification of the arbitrator set out by the parties or the federal court is complied with The law, and according to which the issue of the challenge of an arbitral tribunal has been referred to the arbitral tribunal; 2), there are grounds for disqualification of the arbitral tribunal established by federal law. 2. The application for the appointment of an arbitral tribunal is to be satisfied by the arbitral tribunal, where there are at the same time: 1) the procedure for the appointment of an arbitral tribunal to be established by the parties is respected; or By federal law and according to which the appointment of an arbitral tribunal has been referred to the arbitral tribunal; 2), under federal law, the arbitral tribunal shall have the power to appoint an arbitrator. 3. A statement on the termination of the power of an arbitral tribunal is to be satisfied by the arbitral tribunal, if at the same time the following circumstances exist: 1), the termination of the power of the arbitral tribunal, which is established By the parties or federal law and according to which the question of the termination of the power of the arbitral tribunal has been referred to the arbitral tribunal; 2) there are grounds for termination of the power of the arbitral tribunal provided for by the federal by law. Article 240-5. Definition of the arbitral tribunal in the arbitral tribunal's performance assistance to arbitration courts 1. As a result of the review of the application for assistance, the arbitral tribunal shall rule on the rules laid down in chapter 21 of this Code for determination. 2. In the arbitral tribunal's determination in the case concerning the arbitral tribunals ' performance of the arbitral tribunal, the arbitral tribunal should contain: 1) the name of the permanent arbitral institution administered by the arbitral tribunal. proceedings, its location (where there is a permanent arbitration institution); 2) information on the composition of the arbitral tribunal considering the dispute, its location; 3) the name of the parties to the arbitral tribunal proceedings; 4) a statement of the circumstances of The basis for the applicant's application to the arbitral tribunal for assistance in respect of the arbitral tribunal, as well as an indication of the federal law providing for the arbitral tribunal to perform the functions requested by the applicant; 5) an order to satisfy the applicant's claims, in whole or in part, or to refuse to satisfy the applicant's claims, in whole or in part with the reasons for which the arbitral tribunal satisfied the applicant's claim or refused to do so Their satisfaction; 6) in the event of satisfaction of the applicant's claims Details of the arbitral tribunal (the arbitrators), the challenge of disqualification, the appointment or termination of whose powers are permitted. 3. The arbitral tribunal's determination in the case concerning the arbitral tribunal's execution of the arbitral tribunal's functions cannot be appealed. "; 11) of article 242, part 1, as follows: " 1. The application for recognition and enforcement of decisions of foreign courts and foreign arbitral awards is submitted by the party in favor of which the decision (hereinafter-the appeal) has been made, to the arbitral tribunal of the constituent entity of the Russian Federation at the location or The debtor's place of residence or, if the debtor's location or place of residence is not known, at the location of the debtor's property. "; Order of the application for recognition and enforcement of a decision of a foreign court and foreign arbitral award 1. The application for recognition and enforcement of a decision of a foreign court and of a foreign arbitral award shall be considered by the judge alone in accordance with the rules of procedure of the first instance arbitral tribunal provided for in this Code, taking into account OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The arbitral tribunal shall notify the persons involved in the case of the time and place of the hearing. The failure of those persons, duly informed of the time and place of the hearing, is not an obstacle to the consideration of the case. 3. In a case, the arbitral tribunal shall determine whether or not there are grounds for the recognition and enforcement of the decision of the foreign court and of the foreign arbitral award provided for in article 244 of the present case. The Code, by means of a study of the evidence submitted to the arbitral tribunal, the justification for the claims and the objections, as well as the explanations of the foreign court or arbitral tribunal that took a decision if the arbitral tribunal sought such clarification. 4. In the case, the arbitral tribunal is not entitled to review the decision of the foreign court on the merits. 5. If a foreign court is considering an application for the annulment or suspension of the enforcement of a decision of a foreign court and a foreign arbitral award, the arbitral tribunal in which the application for recognition and enforcement is considered The execution of this decision may, at the request of one of the parties, defer consideration of the application for the issuance of the executive sheet. 6. In the case referred to in part 5 of this article, the arbitral tribunal in which the application for the recognition and enforcement of the decision of the foreign court and of the foreign arbitral award is considered at the request of the party applying to such an application A declaration may require the other party to provide adequate security under the rules set out in this Code. 7. If, in the case referred to in part 5 of this article, the application for recognition and enforcement of a decision of a foreign court and of a foreign arbitral award has been deferred by the arbitral tribunal after the application has been granted by the foreign court concerning the suspension or the suspension of the enforcement of a decision of a foreign court and of a foreign arbitral award by the arbitral tribunal in which the application for recognition and enforcement of that decision is considered, shall consider the application for recognition and Enforcement of this decision in the light of a foreign court A judicial act in accordance with the international treaties of the Russian Federation and federal laws. "; 13) in article 244: (a) Part 2, as follows: " 2. Unless otherwise provided for by the international treaty of the Russian Federation, the arbitral tribunal may refuse to recognize and enforce the decision of a foreign court on the grounds provided for in paragraphs 3 to 7 of part 1 of this article and the condition that the party against which the decision of the foreign court is rendered does not refer to the above grounds. "; b) to be supplemented with Part 3 reading: " 3. The arbitral tribunal shall refuse to grant recognition and enforcement in full or in part of a foreign arbitral award on the grounds provided for in the law on international commercial arbitration for refusal to issue an executive sheet on The enforcement of the decision of international commercial arbitration, unless otherwise provided by the international treaty of the Russian Federation. "; 14), article 245, paragraph 3, should read: " 3. The determination of the arbitral tribunal in the case of recognition of a decision of a foreign court or of a foreign arbitral award and enforcement may be appealed in cassation to the District Court within one month of the date of delivery Definitions. "; 15) to supplement article 245-1 as follows: " Article 245-1. Decisions of foreign courts and foreign arbitral awards not requiring enforcement 1. Decisions of foreign courts and foreign arbitral awards not requiring enforcement are recognized in the Russian Federation if their recognition is provided for in the international treaty of the Russian Federation and federal law. 2. Decisions of foreign courts and foreign arbitral awards not requiring enforcement are recognized in the Russian Federation without any further proceeding, unless the concerned person receives an objection This. 3. The person concerned, within one month after being aware of the decision of a foreign court or of a foreign arbitral award, may object to the recognition of this decision to the arbitral tribunal of the subject of the Russian Federation If the person concerned does not have a place of residence, place of residence or property in the Russian Federation, in the Moscow Arbitration Court, the Federation shall be the person or place of residence of the person concerned or the place of residence of the person concerned. 4. An application by the person concerned of objections to a decision of a foreign court or of a foreign arbitral award shall be in writing and must be signed by the person concerned or his representative. The application can also be filed by filling out the form on the official website of the arbitral tribunal in the Internet Information and Telecommunications Network. 5. The declaration provided for in Part 4 of this article must specify: 1) the name of the arbitral tribunal to which the application is filed; 2) the name and location of the foreign court or the composition of the arbitral tribunal or international commercial arbitration, its location; 3) the name of the person concerned, his location or place of residence; 4) information on the decision of a foreign court or foreign arbitral tribunal The decision objected to by the person concerned; 5) an application by the person concerned to refuse to recognize a decision of a foreign court or of a foreign arbitral award, with the grounds for refusal of such recognition, as well as justification for the violation of the rights and the legal interests of the person concerned in the sphere of business and other economic activity in the Russian Federation; 6) list of attached documents. 6. The statement may also include telephone numbers, fax numbers, e-mail addresses of the prospector, the debtor, their representatives and other information. 7. The declaration provided for in Part 4 of this article shall be accompanied by: 1) duly authenticated copy of the judgment of the foreign court or of a foreign arbitral award whose objections are made by the interested party. a person; 2) a genuine arbitration agreement or a certified copy thereof, if the person concerned has objected to the recognition of the foreign arbitral award; 3) a power of attorney, or Other documents certified as appropriate and supporting The authority of the signatory to the arbitral tribunal; 4) a document on the payment of a state duty for filing an application in the amount of a federal law for payment of a non-property claim; 5) A duly certified translation into Russian of the documents referred to in paragraphs 1 to 3 of this Part. 8. The provisions of article 242, parts 6 and 7, of this Code shall also apply to the documents referred to in Part 7 of this article. 9. The declaration provided for in Part 4 of this article shall be dealt with in accordance with the rules of this chapter, with the characteristics set forth in this article. 10. The declaration provided for in part 4 of this article shall be considered within a period not exceeding one month from the date of its admission to the arbitral tribunal. 11. In considering the declaration provided for in Part 4 of this article, the arbitral tribunal shall be entitled to involve in the case of persons whose rights and obligations have been decided by a foreign court or arbitral award, with an extension The deadline for the consideration of this claim is set out in part 10 of this article. Failure to appear, duly notified of the time and place of the trial and the person concerned is not an obstacle to the consideration of the case. 12. The arbitral tribunal shall refuse to recognize the decision of a foreign court on the grounds set out in article 244, part 1, paragraphs 1 to 5 and 7, of this Code. 13. The arbitral tribunal shall refuse to recognize a foreign arbitral award on the grounds provided for by the law on international commercial arbitration for refusing recognition and enforcement of the decision of international commercial arbitration if Not otherwise provided by the international treaty of the Russian Federation. 14. The determination of the arbitral tribunal in the case for the recognition of a decision of a foreign court or of a foreign arbitral award that does not require enforcement may be appealed in cassation to the District Court for a period of one month from day of determination. ". Article 10 Amend the Code of Civil Procedure of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4532; 2003, N 27, sect. 2700; 2004, N 24, sect. 2335; N 31, st. 3230; N 45, sect. 4377; 2005, N 1, st. 20; N 30, est. 3104; 2006, N 1, est. 8; N 50, est. 5303; 2007, N 31, est. 4011; N 41, est. 4845; N 43, sect. 5084; N 50, sect. 6243; 2008, N 24, est. 2798; N 29, st. 3418; N 30, est. 3,603; N 48, sect. 5518; 2009, N 7, est. 771, 775; N 14, st. 1578, 1579; N 26, est. 3122, 3126; N 45, sect. 5264; 2010, N7, st. 701; N 11, est. 1169; N 18, st. 2145; N 30, est. 4009; N 31, st. 4163; N 50, sect. 6611; N 52, sect. 7004; 2011, N 15, sect. 2039, 2040; N 19, st. 2715; N 25, est. 3533; N 49, sect. 7029, 7066, 7067; 2012, N7, st. 784; N 18, sect. 2127; N 25, est. 3,266; 2013, N 9, est. 872; N 17, est. 2028, 2033; N 19, st. 2326; N 27, sect. 3458, 3459, 3470, 3477, 3479; N 43, sect. 5442; N 44, est. 5633; N 48, sect. 6165; N 49, sect. 6345; N 52, sect. 7001; 2014, N 11, sect. 1094; N 14, est. 1543; N 19, est. 2298, 2328, 2331; N 23, st. 2928; N 26, est. 3360, 3367; N 30, est. 4233, 4274, N 48, 100. 6645; 2015, N 1, article 10, 29, 58; N 10, st. 1393, 1411; N 11, est. 2022; N 27 3945; N 29, st. 4390; N 48, st. 6724) the following changes: 1) Part 3 of Article 3 should read: " 3. Under the agreement of the parties to the court, a dispute arising from civil law relations may be handed over to the parties before a court of first instance has issued a judgement to which the civil case is concluded on the merits Consideration of the arbitral tribunal, unless otherwise provided for in this Code and by federal law. "; 2) Part one of article 22, to supplement paragraph 7 with the following: " 7) cases of assistance to arbitral tribunals in of the cases provided for by federal law. "; 3) to supplement Article 22-1 as follows: " Article 22-1. Disputes to be referred to the arbitral tribunal 1. Disputes arising out of civil and legal relations under this Code may be referred by the parties to the arbitral tribunal, where there is a dispute between the parties to the arbitration agreement in force, if any is not otherwise provided for by federal law. 2. Cannot be referred to the arbitral tribunal under this Code: 1) the disputes referred to in article 22, paragraph 4, of this Code; 2) disputes arising from of family relations, including disputes arising from the disposition of trustees and trustees of the client's property, with the exception of the sharing of marital property; 3) disputes arising from labour Relations; 4) disputes arising from hereditary relations; 5) disputes arising from the Russian Federation's legislation on the privatization of State and municipal property; 6) disputes arising from relations governed by Russian legislation Federation on contractual arrangements in the procurement of goods, works, services for state and municipal needs; 7) disputes concerning compensation for harm caused to life and health; 8) disputes concerning eviction of citizens from housing premises; (9) disputes arising from Compensation for harm caused to the environment; 10) other disputes in cases expressly provided for by federal law. 3. Disputes between a party to a legal person and a legal person and a dispute over the claims of legal persons in relation to the legal relationship of a legal person with a third person, if the legal person has the right to file such a claim in under federal law may be referred to the arbitral tribunal under Part Four of this article only if it is a legal person, all of its members, and other persons who are the claimant or In these disputes, the respondent entered into an arbitration agreement for referral to the arbitral tribunal disputes. 4. The disputes referred to in part three of this article may be considered by the arbitral tribunal only when referring disputes to the arbitral tribunal with the place of arbitration in the territory of the Russian Federation administered permanently by the arbitral tribunal by an arbitral institution which approved and published special rules for the proceedings of corporate disputes in the manner provided for by the federal law. "; 4) Part 1 of article 26 is supplemented by paragraph 9, reading: "9) of this Code Chapter 45."; 5) add the following article 30-1: " Article 30-1. The jurisdiction of the courts of assist and control of the arbitration courts 1 . A statement on the annulment of the decisions of arbitration courts and international commercial arbitration cases on the territory of the Russian Federation is submitted to the district court, in the territory of which the arbitration court has decided. Under the agreement of the parties to the arbitration proceedings, the application to cancel the decision of the arbitral tribunal may be filed with the district court at the place of residence or place of residence of one of the parties to the arbitration. 2. Application for the issuance of an executive sheet for the enforcement of decisions of arbitral tribunals and international commercial arbitration taken in the territory of the Russian Federation shall be filed with the District Court at the debtor's location or place of residence or, if the place of residence is not known, at the location of the debtor's property-the parties to the arbitration proceedings. According to the agreement of the parties to the arbitration proceedings, the application for the execution of the decision of the arbitral tribunal may be filed with the district court in the territory of which the decision of the arbitral tribunal is taken or the district court at the place of residence or place of residence of the party to the arbitration, in favor of which the arbitration court decision has been adopted. 3. The application of the court to assist the arbitral tribunal referred to in article 427 to 1 of this Code is submitted to the District Court at the place where the arbitral proceedings are held. "; 6) supplement Article 63-1 as follows: " Article 63-1. Requests from the arbitral tribunal to assist in the receipt of evidence 1. Arbitration with the place of arbitration in the territory of the Russian Federation (other than the arbitral tribunal within the framework of the arbitration procedure for the settlement of a particular dispute), if there is a need to obtain the evidence required for In the case of a dispute, the court shall have the right to appeal to the district court in the territory of which the evidence is located with a request for assistance in obtaining such evidence in accordance with the procedure provided for in article 57 of this Code. The request may be issued by the arbitral tribunal to the party to the arbitral proceedings to direct the request to the court by the said party to the arbitral proceedings. 2. The request referred to in part one of this article shall indicate the circumstances to be clarified and the evidence to be obtained by the court in which the request is made. The request is sent to the court in which it is addressed. 3. The request referred to in part one of this article may be sent for written evidence, exhibits and audio and video recordings of articles 71, 73 and 77 of this Code. 4. The request referred to in part one of this article shall be executed not later than within thirty days of the date of its receipt by the court to which it is addressed. The request is not enforceable in the following cases: 1) the request is directed to obtain evidence not covered by Part Three of this article; 2) the execution of the request may violate the rights and legitimate interests of the third parties Persons not participating in the arbitral proceedings; (3) the request is made in a dispute provided for in part two of article 22-1 of this Code; 4) mystery; 5) the request allows access to information, is a service, commercial, bank or other secret protected by law against persons who are not parties to the arbitration proceedings. 5. The court in which it is directed shall, by the court in which it is sent, make a determination which is forwarded to the arbitral tribunal to which the request is made. The definition is not subject to appeal. 6. The request referred to in part one of this article shall be executed in a court session under the rules set out in this Code. The parties to the arbitration shall be informed of the time and place of the hearing. The failure to appear, duly notified of the time and place of the trial, shall not constitute an obstacle to the holding of the hearing, unless this is contrary to the substance of the request. 7. The performance of the request referred to in the first part of this article shall be determined, which shall be forwarded to the arbitral tribunal for a period of three days, with all materials collected in the execution of the request, or transferred to the party The Panel is of the interest of the parties to the dispute. If it is not possible to execute the request referred to in part one of this article, for reasons beyond the control of the court, this is stated in the definition. "; 7) Part 3 of article 69 is supplemented by paragraph 4, reading: " 4) The arbitrator (the arbitrator)-the circumstances that became known to him in the course of arbitration (arbitration procedure). "; 8), article 139, as follows: " Article 139. Reason for claim 1. According to the persons involved in the case, the judge or court may take action to secure the claim. 2. The enforcement of a claim is admissible in any case where failure to take action could make it difficult or impossible to enforce a court decision. 3. On the grounds provided for in Part Two of this article and in accordance with the rules of this chapter, action may be taken by the judge or the court on the application of the arbitral tribunal at the place where the arbitral tribunal is located, or by the court of the debtor's location or place of residence, or at the place where the debtor's property is located. "; 9) paragraph 6 of article 220, supplemented by the words" or if the court overruled that decision "; 10) paragraph 6 of article 222, set out the following editors: " there is an agreement between the parties to consider the said The arbitral tribunal shall, on the condition that any party not later than the day of the submission of its first declaration on the merits of the dispute before the court of first instance, raise an objection to the court's examination of the case, and also if the parties have entered into an agreement to refer the dispute to the arbitral tribunal during the trial, pending the adoption of the court, to which the merits of the case are concluded, provided that any party declares an objection on that basis with respect to the consideration of the case in court. This ground for leaving the application shall not apply unless the court determines that the agreement of the parties to the arbitral tribunal's consideration of the dispute is null and void or cannot be performed; "; 11) in the article. 411: (a) Part four, after "evidence," should be supplemented by the words "but not reconsidering the decision of the foreign court on the merits,"; (b) of Part 5 and the Sixth, amend to read: " 5. In the event that the court decides on the enforcement issue, the court may request from the person who made an application for enforcement of the decision of the foreign court, the explanation, and also question the debtor on the merits Applications and, if necessary, seek clarification from the foreign court who made the decision. 6. If a foreign court is seized of an application for the abolition or suspension of the execution of a foreign court decision, the court in which the application for enforcement of the decision is considered may, at the request of one of the parties, defer consideration of the application for enforcement of a foreign court decision. "; in) to supplement the seventh to ninth reading: " 7. In the case referred to in paragraph 6 of this article, the court in which the application for enforcement of the decision of a foreign court is examined is examined at the request of the party applying for enforcement of the foreign decision The court may oblige the other party to provide adequate security under the rules set out in this Code. 8. If, in the case referred to in paragraph 6 of this article, the application for enforcement of the decision of a foreign court has been postponed, after the foreign court has issued a request for cancellation or suspension of execution of the decision A foreign court, in which the application for enforcement of the decision is considered, permits the said application, taking into account the foreign court's judgement in accordance with the international treaties of the Russian Federation, and Federal laws. 9. On the basis of a decision of a foreign court and a court ruling that has entered into force, the enforcement of this decision is issued to the executive sheet, which is sent to the person in favour of the judgement. "; 12) in the article 412: (a) Part two should read: " 2. Unless otherwise provided by the international treaty of the Russian Federation, on the grounds stipulated in paragraphs 3 to 6 of Part One of this article, the application for enforcement of a foreign court's decision may be refused also in the event that the person against whom the decision of the foreign court is rendered does not refer to the above grounds. "; b) be supplemented with a third reading: " 3. A copy of the court ruling made in accordance with part four of article 411 of this Code shall be sent to the court of appeal and to the debtor within three days from the date of the determination of the court. The determination of the court in the enforcement of a decision of a foreign court may be appealed to a higher court in the manner and within the time limits set by this Code. "; " 2. The person concerned, within one month after being aware of the decision of a foreign court, may object to the recognition of this decision to the Supreme Court of the Republic, the Regional Court, the Regional Court, and the City Court of the Federal Republic of the location or place of residence of the person concerned or the location of his or her property, and if the person concerned does not have a place of residence, place of residence or property, of the Russian Federation, to the Moscow City Court. "; 14), to supplement article 417 Part three, reading: " 3. The recognition and enforcement of the decision of the foreign arbitral tribunal (arbitration) may be refused on the grounds provided for in the Russian Federation Act No. 5338-I of 7 July 1993 on international commercial arbitration for refusal of extradition. The executive sheet for enforcement of the decision of international commercial arbitration, unless otherwise provided by the international treaty of the Russian Federation. "; 15) in section VI: a) the name to be stated in , to read: " SECTION VI. MANUFACTURING OF BUSINESS RELATED TO THE FUNCTIONS OF THE FACILITATION AND MONITORING OF THE THIRD VESSELS OF THE THREE VESSELS; b) 418-422 redraft as follows: " Article 418. Challenging the decision of the arbitral tribunal 1. Decisions of arbitral tribunals and international commercial arbitration with the place of arbitration in the territory of the Russian Federation (arbitration courts) may be challenged by the parties to the arbitration proceedings, as well as by other persons, in relation to rights and obligations that have been decided by the arbitral tribunal by applying for the annulment of the decision of the arbitral tribunal in accordance with article 419 of the present Code. If the decision of the arbitral tribunal affects the rights and legally protected interests of citizens, who are not capable of being of health, age, disability and other valid reasons, the decision of the arbitration court may be applied by the prosecutor, if the decision of the arbitration court is to revoke the decision of the arbitration court. may independently challenge the decision of the arbitral tribunal. 2. An application for the annulment of a decision of the arbitral tribunal shall be submitted to the district court in the territory of which the arbitral tribunal has decided, within a period not exceeding three months from the date of receipt of the contested decision by the requesting party, unless otherwise The Russian Federation provides for an international treaty of the Russian Federation and a federal law. Under the agreement of the parties to the arbitration proceedings, the application to cancel the decision of the arbitral tribunal may be filed with the District Court at the place of residence or location of one of the parties to the arbitration proceedings. 3. A person who is not a party to the arbitral proceedings and in respect of the rights and obligations of which the arbitral tribunal has decided, as well as the prosecutor in the cases provided for by this Code, shall be entitled to apply for the annulment of the decision in the case of the arbitral tribunal. The district court in the territory of which the arbitral tribunal has decided, within a period not exceeding three months from the date on which the person concerned learned or should have heard of the arbitral tribunal's decision. 4. The application for annulment of the decision of the arbitral tribunal shall be paid by the state duty in the amount provided for by the federal law to pay the application for the enforcement of the decision of the arbitral tribunal. Article 419. Form and contents of the declaration to cancel the decision of the arbitration court 1. An application for the annulment of a decision of the arbitral tribunal shall be in writing and signed by the person challenging the decision or by its representative. 2. In the declaration to cancel the award of the arbitral tribunal, it must be stated: 1) the name of the court to which the application is filed; 2) the composition of the arbitral tribunal which took the decision, its place of residence, the name of the permanent court arbitration institution administered by the arbitral tribunal, its location (in the case of a permanent arbitration institution); 3) the name of the parties to the arbitration, their place of residence or location; 4) date and place of decision arbitral tribunal; 5) the date of receipt of the contested decision of the arbitral tribunal by the party requesting the annulment of the said decision, or the date on which the person who is not a party to the arbitral tribunal The decision of the arbitral tribunal has been heard by the arbitral tribunal and the decision of the arbitral tribunal; 6) the applicant's request for annulment of the decision of the arbitral tribunal and the grounds on which it is challenged. 3. The withdrawal of the decision of the arbitral tribunal may include telephone numbers, fax numbers, e-mail addresses and other information. 4. A copy of the award of the arbitral tribunal, signed by the arbitrators and the party to the arbitration pursuant to federal law; 2) is genuine. Agreement on the arbitral proceedings or a duly certified copy; 3) documents submitted in support of the request for annulment of the decision of the arbitral tribunal; 4), proof of payment by the State Duties in the order and in the amount set by the federal law; 5) a copy of the decision of the arbitration court; 6) a power of attorney or other document confirming the authority of the person to sign the application. 5. For the purposes of implementing paragraphs 1 and 2 of part four of this article, a person who is not a party to the arbitral proceedings and in respect of the rights and obligations of which the arbitral tribunal has been adjudicating shall be entitled to attach a declaration to the effect of such withdrawal. Any documents supporting the determination of such a decision. 6. An application for the annulment of a decision of an arbitral tribunal made in violation of the requirements set out in this article shall be returned to the person who has made the decision or is left without movement according to the rules laid down in articles 135 and 136 of this Code. Article 420. Order of consideration of the application for reversal of the decision of the arbitration court 1. The application for annulment of the decision of the arbitral tribunal shall be considered by the judge alone in accordance with the rules of procedure laid down in this Code by the court of first instance, taking into account the circumstances established by the present chapter, within a period not exceeding one 1 month from the date of receipt of the application to the court. 2. In preparing a case for the annulment of the decision of the arbitral tribunal in the application of the persons participating in the case, the court may exterminate a permanent arbitral institution or a body authorized to store the material In accordance with the law of the Russian Federation, the case file is contested in court, according to the rules set out in this Code for the extermination of evidence. 3. In considering an application for the annulment of a decision of the arbitral tribunal, a person who is not a party to the arbitral proceedings and in respect of the rights and obligations of which the arbitral tribunal has decided, the court shall be obliged to engage all parties in the case. Arbitration. 4. Persons participating in the annulment of the decision of the arbitral tribunal shall be notified by the court of the time and place of the hearing. The failure of these persons, duly informed of the time and place of the hearing, is not an obstacle to the consideration of the case. 5. If an application for the annulment of a decision of the arbitral tribunal is made on the grounds that the party to the arbitral proceedings was not duly notified of the appointment of the arbitral tribunal or of the arbitral proceedings, including the time and The arbitral tribunal was unable to present its explanations or the arbitral tribunal's decision was made in a dispute not covered by the terms of the arbitral tribunal or otherwise subject to the terms of the arbitral tribunal. Decisions on matters going beyond the boundaries of the arbitration agreement or the composition of the The arbitral tribunal or the arbitration procedure did not comply with the agreement of the parties or the federal law, the court may, at the request of the party to the arbitration proceedings, have the right to suspend the proceedings in the case of annulment of the decision of the arbitration court for a period of time Over three months, in order for the arbitral tribunal to reopen the arbitration proceedings and remove the grounds for annulment of the decision of the arbitral tribunal. Upon resumption of proceedings for annulment of the decision of the arbitral tribunal, the court shall consider the application for annulment of the decision of the arbitral tribunal, taking into account the actions taken by the arbitral tribunal in order to remove the grounds for annulment of the decision of the arbitral tribunal. 6. In a court hearing, the court determines whether or not there is a reason to quell the decision of the arbitral tribunal provided for in article 421 of this Code by examining the evidence submitted to the court in support of the case. of the claims and defences, but it is not the right of the arbitral tribunal to reassess the circumstances established by the arbitral tribunal or to reconsider the decision of the arbitral tribunal on the merits. Article 421. Grounds for overruling the arbitral tribunal's decision 1. The decision of the arbitral tribunal may only be overturned by a court in the cases provided for in this article. 2. The decision of the arbitral tribunal may be overturned by a court on the grounds set out in Parts Three and 4 of this Article. The decision of the arbitral tribunal may be overturned on the grounds set out in part four of this article, also in the event that the party applying for the reversal of the decision does not invoke the grounds specified. 3. The decision of the arbitral tribunal may be overturned by the court in the event that the party filing an application for annulment will provide evidence that: (1) one of the parties to the arbitration agreement on the basis of which the dispute was settled by the arbitral tribunal The court did not have full legal capacity; (2) the arbitration agreement, on the basis of which the dispute was settled by the arbitral tribunal, is invalid on the right to which the parties were subordinated and, in the absence of such instruction, on the law of the Russian Federation. The Federation; 3) the arbitral tribunal's decision is in dispute, not The arbitration agreement is not subject to the terms of the arbitration agreement, or it contains orders on matters that go beyond the scope of the arbitration agreement. If the decisions of the arbitral tribunal on matters covered by the arbitration agreement may be separated from decisions on matters not covered by such an agreement, only that part of the decision that contains the arbitral award may be cancelled. Decisions on matters not covered by the arbitration agreement; 4) the composition of the arbitral tribunal or the arbitration procedure did not comply with the agreement of the parties or federal law; 5) the party against which the decision was made of the arbitral tribunal was not duly notified of the election (s) The arbitral tribunal was unable to provide an explanation to the arbitral tribunal about the time and place of the arbitral tribunal or the place of the meeting of the arbitral tribunal or for other valid reasons. 4. The court annuls the decision of the arbitral tribunal if it found that: (1) the dispute considered by the arbitral tribunal may not be the subject of arbitration under federal law; (2) the arbitral tribunal's decision OF THE PRESIDENT OF THE RUSSIAN FEDERATION If part of the decision of the arbitral tribunal, which is contrary to the public policy of the Russian Federation, may be separated from that part which does not contradict it, only that part of the decision of the arbitral tribunal which contradicts it may be abolished. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. The decision of international commercial arbitration may be overturned by the court on the grounds provided for by the international treaty of the Russian Federation and the Law of the Russian Federation of 7 July 1993 No. 538-I "On International Commercial Arbitration". Article 422. The determination of the court in the challenge of the decision of the arbitral tribunal 1. As a result of the review of the case against the decision of the arbitral tribunal, the court issues a ruling on the annulment of the decision of the arbitral tribunal or the refusal to cancel the decision of the arbitral tribunal. 2. The court's decision to cancel the decision of the arbitral tribunal or not to cancel the arbitral tribunal's decision should contain: 1) information on the disputed decision of the arbitral tribunal, the date and place of its adoption; 2) the composition of the arbitral tribunal The court that took the contested decision; 3) the name of the permanent arbitration institution administered by the arbitral tribunal, its location (where there is a permanent arbitral institution); (4) The names of the parties to the arbitration; 5) to cancel the decision of the arbitral tribunal in whole or in part or to refuse to satisfy the applicant's claim in whole or in part; 6) in case of refusal to satisfy the claimant's cancellation of the decision The arbitral tribunal shall, in whole or in part, order that the person in favour of the decision be granted enforcement of the decision of the arbitral tribunal in the manner provided for in article 428 of this Code. (except as provided in paragraph 3 of part 7 of article 425. The Code, when the other court of the Russian Federation has issued a determination to issue an enforcement sheet for the enforcement of the same decision of the arbitral tribunal. 3. The decision of the arbitral tribunal does not prevent the parties of the arbitration from proceeding to the arbitral tribunal if the possibility of recourse to the arbitral tribunal is not lost or to the court according to the rules set out in this Code. 4. In the event that the arbitral tribunal's decision is overturned by the court in its entirety or in part as a result of the invalidity of the arbitration agreement, or it has been adopted in a dispute not provided for by the arbitral tribunal, or is not subject to it conditions, or contains rulings on matters not covered by an arbitration agreement, and also if the arbitral tribunal's decision was overturned by the court because the dispute considered by the arbitral tribunal could not be the subject matter of the arbitral tribunal proceedings under federal law or decision of the arbitral tribunal is contrary to the public policy of the Russian Federation, the parties to the arbitration may apply for the resolution of such a dispute to the court on the general rules provided for in this Code. 5. The determination of the court to challenge the decision of the arbitral tribunal may be appealed to the court of cassation in the order and within the time limits set by this Code. "; " Article 422-1. Consideration of the application for the annulment of the preliminary nature of the competence of the arbitral tribunal 1. In cases provided for by federal law, any party to the arbitration may apply to the district court in whose territory the arbitration proceedings are held, with a declaration to revoke the order of the arbitral tribunal of the Convention on the Rights of the 2. An application for the annulment of a preliminary order of the arbitral tribunal may be filed within one month from the date of receipt by the party of the order of the arbitral tribunal referred to in part one of this article. 3. The Court shall consider the application for annulment of the preliminary nature of the decision of the arbitral tribunal to have jurisdiction under the rules set out in this chapter. 4. If, at the time of consideration by the court, the arbitral tribunal's determination of the existence of the arbitral tribunal's jurisdiction, the decision of the arbitral tribunal on the relevant dispute shall be made, the application shall be retained without notice. Consideration of the conclusion of the arbitral proceedings. In this case, the party to the arbitral proceedings who filed the application is not deprived of the right to invoke the circumstances which are the basis of the application, when the court considers the application for cancellation or the issuance of the executive sheet for the Enforcement of the arbitral tribunal's decision on the dispute in question. 5. As a result of the review of the application for the annulment of a preliminary order of competence, the court shall determine whether the order has been revoked or refused to satisfy the applicant's claim. 6. The definition of the court referred to in paragraph 5 of this article is not subject to appeal. "; Chapter 47, as follows: " Chapter 47. Production of executive enforcement sheets Article 423. Issuance of an enforcement sheet to enforce execution of arbitral awards 1. The issue of issuing an executive sheet for the enforcement of decisions of arbitration courts and international commercial arbitration, if the place of arbitration was in the territory of the Russian Federation, is considered by the court A statement by the party to the arbitration in favour of which the arbitral tribunal decided. 2. An application for the enforcement of a decision of the arbitral tribunal shall be submitted to the district court at the place of residence or the place of residence of the debtor, or if the place of residence or location is unknown, at the place of residence property of the debtor is the party to the arbitral proceedings. According to the agreement of the parties to the arbitration proceedings, the application for the execution of the decision of the arbitral tribunal may be filed with the district court in the territory of which the decision of the arbitral tribunal is taken or the district court at the location of the party to the arbitration, in favor of which the arbitration court decided. Article 424. The form and content of the application for the enforcement sheet enforcement of the arbitration court decision 1. An application for the issuance of an enforcement sheet for the enforcement of a decision of the arbitral tribunal shall be in writing and shall be signed by the person in favour of the decision or his representative. 2. The application for enforcement of the decision of the arbitral tribunal should specify: 1) the name of the court to which the application is filed; 2) the composition of the arbitral tribunal which made the decision location; (3) the name of the permanent arbitration institution administered by the arbitral tribunal, its location (if there is a permanent arbitration institution); 4) the name of the parties to the arbitration, their place of residence or the location; 5) the date and place of the decision of the arbitral tribunal; 6) the date of receipt of the decision of the arbitral tribunal by the party requesting it; 7) the applicant's request for the execution of the Enforcement of the arbitral tribunal's decision. 3. The statement may also include telephone numbers, fax numbers, e-mail addresses and other details of the parties to the arbitration proceedings. 4. The application for the enforcement of the decision of the arbitral tribunal is enclosed: 1) a copy of the arbitral tribunal's award, signed by the arbitral tribunal and the party sent to the arbitral tribunal (a) (...) (...) (...) (...) Federal law; (4) copy of the application for the issuing of an executive sheet Enforcement of the decision of the arbitral tribunal; 5) a power of attorney or other document confirming the authority of the person to sign the said declaration. 5. An application for the issuance of an executive sheet for the enforcement of a decision of an arbitral tribunal, submitted in violation of the requirements set out in this article, shall be left without movement or shall be returned to the person who submitted it, according to the rules, 135 and 136 of this Code. Article 425. The procedure for considering an application for the enforcement sheet enforcement of a decision of an arbitral tribunal 1. The application for the enforcement of the decision of the arbitral tribunal shall be considered by the judge alone in accordance with the rules of procedure laid down in this Code, taking into account the circumstances of the case, The Conference of the States members of the Committee on the Rights of the 2. In preparing a case for trial, the court may, at the request of the party to the arbitral proceedings, exterminate a permanent arbitral institution or body authorized to store the arbitration case file in accordance with The law of the Russian Federation, the case file, the decision of which is challenged in court, according to the rules set out in this Code for the extermination of evidence. 3. The parties to the arbitration shall be informed by the court of the time and place of the hearing. The failure of these persons, duly informed of the time and place of the hearing, is not an obstacle to the consideration of the case. 4. During the hearing of the case, the court determines whether the grounds for refusal to issue an executive order for the enforcement of the decision of the arbitral tribunal in accordance with article 426 of this Code are or are not provided for in article 426 of this Code. Studies of evidence submitted to the court in support of asserted claims and defences, but may not overestimate the circumstances established by the arbitral tribunal or reconsider the decision of the arbitral tribunal on the merits. 5. If in the same court the application for enforcement of the decision of the arbitral tribunal and the application for its annulment are under consideration by the court, the court brings the cases in one proceeding according to the rules provided for by the court Part 4 of Article 151 of this Code. 6. In the case of the various courts of the Russian Federation having before it an application for the enforcement of the decision of the arbitral tribunal and the application for its annulment, the court in which the application is being considered At a later date, it is obliged to suspend its proceedings under the rules set out in article 215, paragraph 5, of this Code, before the other court has issued an application that has been filed previously. In case the different courts of the Russian Federation are considering applications on the same day for the enforcement of the decision of the arbitral tribunal and the application for its annulment, -Suspension of the proceedings in the case concerning the issuance of an executive sheet for enforcement of the decision of the arbitral tribunal. 7. Upon resumption of proceedings in a case that was suspended in accordance with Part 6 of this article, the court rules out: (1) refusing to issue an executive order for enforcement of the decision of the arbitral tribunal In the case of a decision by the other court of the Russian Federation to set aside that decision; (2) on the termination of the proceedings in the case concerning the enforcement of the decision of the arbitral tribunal in accordance with the rules, under article 220, paragraph 3, of this Code, in the case of a different court OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the decision on the enforcement of this decision; 4) to terminate the proceedings for annulment of the decision of the arbitral tribunal according to the rules set out in article 220, paragraph 3, of this Code, of the Russian Federation of the executive sheet for enforcement of this decision. 8. In the event that the court hearing the annulment of the decision of the arbitral tribunal or its enforcement would suspend the proceedings in order to allow the arbitral tribunal to resume the arbitration proceedings and eliminate the grounds for revocation in the case The arbitral tribunal may, at the request of any party submitted during the suspension of the case, proceed with the enforcement of the decision of the arbitral tribunal or refuse such execution. Article 426. Grounds for refusing to issue the executive enforcement sheet of the arbitral tribunal 1. The court may refuse to issue an enforcement form for enforcement of a decision of the arbitral tribunal only in the cases provided for in this article. 2. The enforcement of the decision of the arbitral tribunal may be refused on the basis of the grounds set forth in paragraph 4 of this article and in the event that the party against whom the award has been made is not invoked. specified grounds. 3. The court may refuse to issue an enforcement paper for the enforcement of a decision of the arbitral tribunal in cases where the party to the arbitral tribunal against which the arbitral tribunal has decided will provide evidence that: (1) One of the parties to the arbitration agreement on the basis of which the dispute was settled by the arbitral tribunal did not have full legal capacity; (2) the arbitration agreement, upon which the dispute was settled by the arbitral tribunal, was invalid on the right to which the parties obeyed it, and in the absence of such instruction, of the Russian Federation; 3) the party against whom the decision was made has not been duly notified of the appointment of the arbitrator or of the arbitral proceedings, including the time and place of the arbitral tribunal, or on the other Respecable reasons could not provide an explanation; (4) the arbitral tribunal's decision was made in a dispute not covered by the arbitration agreement or subject to its terms, or it contained decisions on matters outside the jurisdiction of the arbitral tribunal. limits of the arbitration agreement, however, if the covered by the arbitration agreement, may be separated from those not covered by such an agreement, the part of the decision of the arbitral tribunal containing decisions on matters covered by the arbitration agreement may be recognized and is enforced; 5) the constitution of the arbitral tribunal or the arbitration procedure did not comply with the agreement of the parties or the federal law. 4. The court refuses to issue an enforcement sheet to enforce the decision of the arbitral tribunal, if it finds that: 1) the dispute considered by the arbitral tribunal may not be the subject of the federal law " The enforcement of the decision of the arbitral tribunal is contrary to the public policy of the Russian Federation. If part of the decision of the arbitral tribunal, which is contrary to the public policy of the Russian Federation, may be separated from the part it does not contradict, that part of the decision, which is not contrary to the public policy of the Russian Federation, may to be recognized or carried out. 5. The court may refuse to issue an executive order for the enforcement of a decision of international commercial arbitration on the grounds provided for in the international treaty of the Russian Federation and the Law of the Russian Federation of 7 July 1993. 5338-I "International Commercial Arbitration". Article 427. The determination of the court to issue the executive sheet on enforcement of the arbitration court decision 1. According to the results of the review of the application for enforcement of the decision of the arbitral tribunal, the court issues a decision on the extradition of the executive sheet or refusal to issue an enforcement sheet Decisions of the arbitral tribunal. 2. The court's decision to issue an enforcement sheet for enforcement of a decision by the arbitral tribunal should contain the following information: 1) the composition of the arbitral tribunal which issued the award; 2) the name is constant The arbitration institution administered by the arbitral tribunal, its location (if there is a permanent arbitration institution); 3) the name of the parties to the arbitration; (4) Information on the decision of the arbitral tribunal, on the issuance of an executive sheet for The enforcement of which is requested by the claimant; 5) to issue an enforcement paper for the enforcement of the decision of the arbitral tribunal or to refuse to issue the executive sheet. 3. The refusal to issue an enforcement form for enforcement of a decision of the arbitral tribunal does not prevent the parties of the arbitration from proceeding to the arbitral tribunal if the possibility of recourse to the arbitral tribunal is not lost or to the court by the rules, provided for in this Code. 4. In the event that the execution of the decision of the arbitral tribunal is refused by the court as a result of the invalidity of the arbitration agreement, or if the decision was made in a dispute not covered by the arbitration agreement or does not contain a ruling on matters not covered by the arbitral agreement, or if the dispute considered by the arbitral tribunal may not be the subject of arbitration under federal law The law or the decision of the arbitral tribunal is contrary to the public policy of the Russian Federation. The Federation, the parties to the arbitral proceedings may apply for the resolution of such a dispute to the court under the general rules provided for in this Code. 5. The determination of the court to issue an executive order for enforcement of a decision of the arbitral tribunal may be appealed to the court of cassation in the order and within the time limits set by this Code. "; d) to supplement the chapter 47-1 , to read: " Chapter 47-1. Production of cases involving the performance of the vessels of the assistance functions of the arbitral tribunal Article 427-1. Cases relating to the performance of the functions of the courts of the arbitral tribunal 1. The rules set out in this chapter shall be applied in the exercise of the assistance of the court in respect of arbitration if the place of arbitration is located in the territory of the Russian Federation. 2. In accordance with this chapter, the court shall perform the following functions of assistance with respect to arbitration courts: (1) resolving issues related to the challenge of an arbitral tribunal; (2) resolving issues related to appointment The arbitration judge; (3) resolving issues related to the termination of the power of the arbitral tribunal. 3. The Court shall exercise the functions of assistance in respect of the arbitral tribunal referred to in part two of this article only in cases provided for by federal law. 4. The Court shall exercise the functions of assistance in respect of the arbitral tribunal referred to in part two of this article, on the basis of an application for the performance of the assistance of the court in respect of the arbitral tribunal (hereinafter referred to as the assistance) made by the person or by the court. persons participating in the arbitral proceedings. 5. An application for assistance shall be submitted to the district court at the place of the respective arbitration at a time not exceeding one month from the date on which the applicant for assistance has become known or should have known about The circumstances under which the application for assistance is submitted. 6. An application for assistance shall be paid by the State duty in the amount envisaged by the federal law for payment of a non-property claim. Article 427-2. Requests for the Statement of Assistance 1. An application for assistance shall be in writing and signed by the applicant or his or her representative. 2. The statement of assistance should specify: 1) the name of the court to which the assistance is filed; 2) the composition of the arbitral tribunal dealing with the dispute; 3) the name of the permanent court arbitration institution, arbitral tribunal, its place of arbitration (if there is a permanent arbitration institution); 4) the name of the parties to the arbitration proceedings, their location or location of residence; 5) information on the arbitral tribunal (arbitrators) or candidates for appointment by the arbitral tribunal (arbitrators) for whom an application for assistance is made; (6) an indication of the circumstances that constitute the basis for the applicant's assistance to the court for assistance in respect of The arbitration court, as well as the reference to the federal law providing for the court to perform the functions for which the applicant is concerned; 7) the applicant's claim and the basis of the claim. 3. The request for assistance may also include telephone numbers, faxes, e-mail addresses and other information about the person or persons who have applied for assistance. 4. The application for assistance shall be accompanied by: 1) a duly certified copy of the claim before the arbitral tribunal with evidence of its receipt by the respondent. Copies of these documents may be certified by the Chairman of the permanent arbitral institution administering the relevant arbitral proceedings or notarized; 2) a genuine agreement on the arbitral tribunal Proceedings or a duly attested copy; 3) documents substantiating the circumstances justifying the applicant's recourse to the court for assistance in respect of the arbitral tribunal; (4) documents, submitted in support of the claimant's claim; 5) The document confirming the payment of the State duty in the manner and in the amount set by federal law; 6) a power of attorney or other document confirming the authority of the person to sign the assistance statement. 5. An application for assistance submitted in violation of the requirements of article 427 to 1 of this Code and of this article shall be left without movement or shall be returned to the person who submitted it, under the rules established by articles 135 and 136 of this Code. Code. Article 427-3. Order of consideration of the application for assistance 1. The application for assistance shall be considered by a single judge of the District Court under the Rules of Court of First Instance provided for in this Code, taking into account the circumstances established by this chapter within a period not exceeding one month from the date of receipt of the application for assistance to the District Court. 2. The parties to the arbitration shall be informed by the court of the time and place of the hearing. The failure of these persons, duly informed of the time and place of the hearing, is not an obstacle to the consideration of the case. 3. In hearing the case, the court shall establish whether or not there is a ground for satisfying the requirements of the applicant by examining the evidence submitted to the court in support of the claims and objections. 4. If, at the time of the court's consideration of the application for assistance to resolve the matter referred to in paragraph 1 of part two of article 427 to 1 of the present Code, a decision of the arbitral tribunal in the relevant dispute shall be made; -Abandability of the arbitral tribunal. In this case, the party to the arbitration that has applied for assistance is not deprived of the right to invoke the circumstances which are the basis for the application for assistance, when the court reviews the application for cancellation or extradition. Enforcement of the decision of the arbitral tribunal in accordance with the relevant dispute. 5. The judge who served as the assistance to the arbitral tribunal referred to in Part Two of article 427 to 1 of this Code is not entitled to participate in the review of an application for the annulment or issuance of an enforcement form for enforcement of a decision of the arbitral tribunal under the relevant dispute in accordance with article 17 of this Code. Article 427-4. Reasons for granting the Assistance 1 statement. The challenge to the arbitral tribunal is to be satisfied by the court if the following conditions exist: 1) the procedure for the challenge of an arbitral tribunal to be determined by the parties or federal law and in accordance with that the issue of the judge's recusal has been referred to the court; 2) there are grounds for disqualification of the arbitral tribunal established by federal law. 2. The declaration of the appointment of an arbitral tribunal is subject to the satisfaction of the court if the following conditions exist: 1) the procedure for the appointment of an arbitral tribunal established by the parties or federal law and in accordance with of which the question of the appointment of an arbitral tribunal has been referred to the court; 2) the court has the information required by federal law to decide on the appointment of an arbitral tribunal in accordance with the federal law by law. 3. The statement of termination of the power of an arbitral tribunal is subject to the satisfaction of the court if the following conditions exist: 1) the termination of the power of the arbitral tribunal to be established by the parties or the federal The law, and according to which the question of the termination of powers is referred to the court; 2), there are grounds for termination of the power of the arbitral tribunal established by federal law. Article 427-5. Definition of a court in the case of the execution by the courts of the assistance to the arbitral tribunal 1. As a result of the review of the application for assistance, the court rules on the rules laid down in chapter 20 of this Code for determination. 2. The court's determination in the case of the courts ' performance of the arbitral tribunal should contain the following information: 1) information on the composition of the arbitral tribunal considering the dispute, its location; 2) The name of the permanent arbitration institution administering the arbitration, its location (where there is a permanent arbitration institution); 3) the name of the parties to the arbitral tribunal proceedings; 4) a statement of the circumstances of The applicant's request to the court for assistance in respect of the arbitral tribunal, as well as the rules of federal law or the rules adopted under it, which provide for the performance of the functions of which the Court is responsible Appellants; 5) to satisfy the applicant's claims, in whole or in part, or refusal to satisfy the applicant's claims, in whole or in part with the reasons for which the court satisfied the claimant's claim, or refused; 6) if claims were satisfied The Panel is of the order in which the Committee is of the order to enable it to do so. 3. The court's determination in the case concerning the performance of the courts with the assistance of the arbitral tribunal may not be appealed. ". Article 11 Amend Federal Law dated October 26, 2002. 4190; 2009, N 1, sect. 4; N 29, Art. 3632; 2010, N 17, sect. 1988; 2013, N 51, sect. 6699; 2015, N 1, st. 29, 35; N 27, sect. 3945, 3977) the following changes: 1) Article 39, paragraph 8, paragraph 2, amend to read: " in the cases provided for by this Federal Law, which has become enforceable by a court, arbitral tribunal or The arbitral tribunal which considered the debtor of the insolvency estate, the employee, the former employee of the debtor and the court or arbitral tribunal under which enforcement of the judgement was issued tribunal; "; (2) paragraph 3 of article 40 shall be stated as follows: editions: " 3. In the cases provided for by this Federal Law, the judgement of the court, the arbitral tribunal or the arbitral tribunal which considered the debtor of the insolvency representative, the employee, must be appended to the application of the creditor. The former employee of the debtor. Where the claim against the debtor of the insolvency creditor, the employee, the former employee of the debtor is confirmed by a decision of the arbitral tribunal, a court or arbitral tribunal shall also apply to the application of the insolvency representative. On the basis of which the court issued the enforcement of the decision of the arbitral tribunal. "; tribunal, arbitral tribunal or arbitral tribunal of the competent authority to the debtor, in the cases provided for in the legislation of the Russian Federation, as well as the court or arbitral tribunal, on the basis of which the enforcement list was issued against the decision of the arbitral tribunal. court; "; 4) paragraph 1 (2) of article 183-16, as follows: " (2) which have not been executed within fourteen days from the date of entry into force of a court decision, an arbitral tribunal or a court decision; or of the arbitral tribunal for which the enforcement list was issued Decisions of the arbitral tribunal to recover monetary funds irrespective of the amount of claims of creditors; "; 5) the third paragraph of article 183-19, paragraph 6, should read: " In the statement of the contestants A creditor that the financial institution is bankrupt in the cases established by this Federal Law may not be specified and may not be accompanied by a judgement of the court, arbitral tribunal or arbitral tribunal which has entered into force, Competitor to the debtor, and judicial act of a court or arbitral tribunal under which an executive order has been issued against the decision of the arbitral tribunal. ". Article 12 Article 12, paragraph 3, of article 6 of the Federal Law dated 1 December 2007, N 315-FZ " About self-regulating organizations " (Russian legislature 2007, 2007, N 49, p. (a) The protection of the Republic of the Republic of the Republic of the Article 13 1. This law comes into force on September 1, 2016. 2. Provisions of the Code of Arbitration Procedure of the Russian Federation and (in the wording of this Federal Law) is applied by courts of general jurisdiction and arbitral tribunals in cases where proceedings have been instituted after the day The entry into force of this Federal Act. 3. Cases brought by a court of general jurisdiction by the arbitral tribunal until the day of the entry into force of this Federal Act, subject to the rules of jurisdiction that were in force before the date of the entry into force of this Federal Act, are considered on their merits even though articles 1 and 2 of this Federal Act change the rules of jurisdiction of such cases. 4. Judicial acts issued by a court of general jurisdiction by the arbitral tribunal in the cases referred to in part 3 of this article shall not be subject to repeal or amendment in connection with the modification of the rules of jurisdiction of such cases by this Federal Law. 5. Judicial decisions rendered by a court of general jurisdiction by the arbitral tribunal in the cases referred to in Part 3 of this article shall be subject to appeal in accordance with the rules in force at the time the court commenced the exercise of general jurisdiction by the arbitral tribunal of the proceedings in such cases. 6. The period of consideration set by the Code of Arbitration Procedure of the Russian Federation (as set out in the present Federal Act) the arbitral tribunal to cancel the decision of the arbitral tribunal, to issue an executive order for enforcement of a decision of the arbitral tribunal and to annul the decision of the arbitral tribunal on the provisional nature of its competence applied as from 1 January 2017. From September 1, 2016 until January 1, 2017, the said applications are considered by arbitration courts within three months. 7. Arbitration agreements for arbitration under Article 225-1 of the Arbitration Code of the Russian Federation of the Code of Civil Procedure of the Russian Federation) and Part 3 of Article 22-1 of the Code of Civil Procedure of the Russian Federation. The Federal Law) may not be concluded before 1 February 2017. The said arbitration agreements concluded earlier on February 1, 2017 are considered to be unenforceable. 8. Paragraph 6 of article 33, paragraph 2, of the Code of Arbitration Procedure of the Russian Federation (as amended by the present Federal Law) and paragraph 6 of Part Two Articles 22 to 1 of the Code of Civil Procedure of the Russian Federation (in the wording of this Federal Law) do not apply from the date of entry into force federal law establishing order Definition of a permanent arbitration institution, which is entitled to administer disputes arising out of the contractual system in the procurement of goods, works and services regulated by the legislation of the Russian Federation State and municipal needs. 9. On the day of the entry into force of this Federal Law on the territory of the Russian Federation, the Supreme Soviet of the Supreme Soviet of the USSR of 21 June 1988 N 9131-XI (Bulletin of the Supreme Soviet of the USSR, 1988, N 26, st. 427) with respect to arbitration proceedings. 10. Arbitration (including in international commercial arbitration), which commenced before the day of the entry into force of this Federal Act, in accordance with the rules of jurisdiction that were in effect until the day of entry into force of the present Federal Act The Federal Act must be continued if articles 9 to 10 of the present Federal Act change the rules of the jurisdiction of such proceedings. 11. Decisions and orders rendered by the arbitral tribunal within the framework of the arbitral proceedings referred to in part 10 of this article shall not be subject to the cancellation or refusal of enforcement in connection with the amendment of this Federal Law The jurisdiction of such proceedings and rules on the possibility of resolving any category of disputes in the order of arbitration, including in the framework of international commercial arbitration. 12. The decisions and orders rendered by the arbitral tribunal within the framework of the arbitral proceedings referred to in Part 10 of this article shall be subject to the revocation or refusal of enforcement if, in accordance with the rules of jurisdiction in force, at the date of the beginning of the arbitration procedure, the dispute was considered not to be resolved in the order of arbitration. 13. Arbitration agreements on the transfer of disputes to international commercial arbitration concluded before the day of the entry into force of this Federal Law and the relevant legislation in force at the date of such arbitration agreements, shall remain valid, taking into account the requirements of Parts 14 and 22 of this Article and shall not be deemed null and void only on the ground that legislative acts of the Russian Federation, as amended by this Federal Law, provide for other rules, than the ones that were in force at the time of the conclusion of such arbitration agreements. 14. If the legislative acts of the Russian Federation, as amended by this Federal Law, provide for the parties to an arbitration agreement to submit disputes to an international commercial arbitration of the arbitration rules, In his opinion, this does not result in the invalidity or alteration of the conditions of the prisoner until the date of the entry into force of this Federal Law of the arbitration agreement (including the terms of any rules included in the arbitration agreement) of arbitration), except in cases where the Russian legislation The Federation, as amended by this Federal Act, is different. 15. If, on the date of the entry into force of this Federal Act, arbitration agreements on the transfer of disputes to international commercial arbitration provided for the consideration of disputes within the framework of the permanent functioning of the Russian Federation. of arbitration institutions (when administering a dispute on their part), as provided for by such arbitration agreements, subject to the other provisions of the legislative acts of the Russian Federation as modified by this Federal Act, may be have been reviewed by the permanent arbitral institutions designated by the in such arbitration agreements or established in accordance with the procedure established by the Federal Arbitration (Arbitration) Act in the Russian Federation Federations ", as successor institutions (irrespective of their succession to the meaning of the Civil Code) of the Russian Federation), in accordance with the The applicable rules of the permanent successor arbitration institution. 16. In respect of international commercial arbitration, initiated and not completed by the date of the entry into force of this Federal Act, the Act of the Russian Federation N 5338-I " On International Commercial Arbitration " in the wording of the day of the entry into force of this Federal Law, except Articles 34 to 36 of the specified The Act, which is used in the version of this Federal Law. 17. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 11, paragraph 4, article 13, paragraph 3, article 14 and article 16, paragraph 3, of the Russian Federation Act of 7 July 1993. 5338-I "International commercial arbitration" (as amended by the The Federal Act does not apply to arbitration, which has begun and is not completed before the date of the entry into force of this Federal Act. 18. For international commercial arbitration started after the date of the entry into force of this Federal Law, the Russian Federation Act N 5338-I "On International Commercial Arbitration", taking into account the changes made by this Federal Law. 19. The validity of the arbitration agreement and any other agreement of the parties on international commercial arbitration and the possibility of referring disputes to international commercial arbitration shall be determined in accordance with the law in force. on the date of the conclusion of the relevant agreements. In the proceedings before the courts, the rules set out in part 20 of this article shall apply. 20. In the event of the court's authorization of any issues relating to international commercial arbitration, including in the cases referred to in article 11, paragraphs 3 and 4, article 13, paragraph 3, article 14, paragraph 1, article 16, paragraph 3, article 27, paragraph 2, and Article 35, paragraph 1, of the Russian Federation Act No. 5338-I of 7 July 1993 on international commercial arbitration (as amended by the present Federal Act) of the law), as well as in the case of any party seeking to bring an action before a court, if any The arbitration agreement is governed by the rules of procedural law in force at the time of the initiation of proceedings by the court, and by the Russian Federation Act N 5338-I " On International Commercial Arbitration " (as it is in effect at this time), except for the questions in Part 17 of this article articles. 21. Disputes arising out of an international commercial arbitration administered by a permanent arbitral institution that has lost the right to administer the dispute in accordance with article 52, part 13, of the Federal Law "Arbitration (arbitration) in the Russian Federation", continue to be considered by the arbitral tribunal, and all arbitration administration functions are subject to arbitration by the arbitral tribunal as in the case of arbitration for of a particular dispute, unless the parties to the dispute agree on a different procedure for the settlement of the dispute and unless the arbitration agreement becomes enforceable. 22. Arbitration agreements for the consideration of the dispute in international commercial arbitration concluded both prior to the date of the entry into force of this Federal Law and after that day and containing the arbitration administration clause The arbitral institution (the arbitral tribunal), which was established prior to the date of entry into force of this Federal Law and as the successor institution (irrespective of the existence of succession between them, in the meaning provided for in "Arbitration (arbitration proceedings) in the Russian Federation"are considered executive committees and are considered as arbitration agreements for the consideration of the dispute by the current arbitration institution, the successor (when administered) by the The most applicable rules of such successor institution, subject to the provisions of this article. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 29, 2015 N 409-FZ