RUSSIAN FEDERATION FEDERAL LAW Arbitration (arbitration procedure) In the Russian Federation adopted by the State Duma on December 15, 2015 Approved The Council of the Federation on 25 December 2015 Chapter 1. General provisions Article 1. The scope of application of this Federal Law 1. This Federal Law regulates the procedure for the formation and operation of arbitration courts and permanent arbitration institutions in the territory of the Russian Federation, as well as arbitration (arbitration proceedings). 2. Articles 39 and 43, chapters 9 to 12 of this Federal Act apply to the organization not only of the arbitration of domestic disputes but also of international commercial arbitration, of which the Russian Federation is a place. 3. Arbitration (arbitration) by agreement of the parties may refer disputes between the parties to civil law relations unless otherwise provided by federal law. 4. The federal law may impose restrictions on the transfer of certain categories of disputes to arbitration (arbitration proceedings). 5. Except as otherwise provided by this Federal Law, it applies to arbitration (arbitration proceedings) administered by a permanent arbitral institution and to arbitration (arbitration proceedings) The arbitral tribunal established by the parties to resolve a particular dispute. 6. The procedure for the consideration of professional sports and sports disputes is established by federal law. Article 2. Basic concepts used in this Federal Law For the purposes of this Federal Law, the following basic concepts are used: 1) arbitrator (arbitrator)-physical a person elected by the parties or by an elected (appointed) party in an agreed party or established by federal law for the settlement of the dispute by the arbitral tribunal. Arbitrators ' activities in arbitration (arbitration procedure) are not business; 2) arbitration (arbitration proceedings)-the arbitration court's dispute settlement process and the arbitral tribunal's decision Decisions); 3) administration of arbitration: performance of the arbitral institution's permanent arbitration institution, including procedures for the selection, appointment or challenge of arbitrators, of the conduct of the arbitral tribunal administration, collection and distribution of arbitral fees, except for the direct role of the arbitral tribunal in dispute resolution; 4) arbitration of domestic disputes-an arbitral tribunal other than international commercial arbitration; 5) a foreign arbitral institution- an organization established outside the Russian Federation and having an ongoing function to administer the arbitration, whether or not it is a legal person or an independent legal entity; 6) international commercial arbitration-arbitration to which applies to the Law of the Russian Federation of 7 July 1993 No. 5338-I "On International Commercial Arbitration"; 7) competent court-court The Russian Federation, determined in accordance with the procedural legislation of the Russian Federation; 8) the appointment committee is a collegiating body composed of at least five persons established in the permanent arbitral tribunal. The Conference of the United Nations the powers of the arbitrators and other functions provided for by this Federal Law; 9) a permanent arbitration institution, a subsidiary of a not-for-profit organization performing administrative functions on an ongoing basis Arbitration Rules; 10) Arbitration Rules-rules governing arbitration, including administered by a permanent arbitration institution; 11) rules of arbitration of corporate disputes-rules of the arbitration arbitration institutions governing disputes relating to the The establishment of a legal entity in the Russian Federation, its administration or participation in the legal person and parties to which the founders, participants, members of the legal entity and the legal entity itself, including the disputes over the claims of the participants, are established A legal person in relation to the legal relationship of a legal person with a third person in the event that the legal person has the right to file such claims in accordance with federal law (except those provided for in paragraphs 2 and 6 of the Covenant) 1 articles 225-1 The Code of Arbitration Procedure of the Russian Federation; 12) of the permanent arbitration institution-statutes, regulations, rules, (a) Rules of arbitration and (or) rules for the performance of certain functions of administering arbitration by an arbitral tribunal constituted by the arbitral tribunal constituted by the parties to resolve a particular dispute; 13) direct agreement is an agreement that -concluded by the parties in the cases provided for in article 11, paragraph 4, article 13, paragraph 3, article 14, paragraph 1, article 16, paragraph 3, article 27, paragraph 1, article 40, article 47, paragraph 1, of this Federal Act, and takes precedence over rules Arbitration; 14) parties to arbitration-organizations-legal entities, individuals who are individual entrepreneurs, individuals who have filed an application for arbitration in defence of their rights and interests, or of which is a court of arbitration, and which have also become a party to the arbitration of corporate disputes as participants in the cases referred to in this Federal Law; 15) a court of the judicial system of the Russian Federation or a foreign State; 16) arbitral tribunal, sole arbitrator or panel of arbitrators; 17) arbitral tribunal formed by the parties to resolve a particular dispute, the arbitral tribunal which is the arbiter in the absence of administration by a permanent arbitration institution (for Exceptions to the possible implementation of the permanent arbitral tribunal (c) The establishment of separate functions for the administration of a particular dispute, if provided for by the agreement of the parties to the arbitration); 18), the authorized federal executive body, the federal executive authority, to carry out the functions of formulating and implementing State policy in the field of justice; 19), the predecessor institution is a permanent arbitral tribunal established prior to the day of the entry into force of this Federal Law; and to which under this Federal Act The law establishes the successor institution for the purposes of administering the arbitration; 20) the successor institution is a permanent arbitration institution established in accordance with the procedure established by this Federal Law, and administering the arbitration in accordance with previously concluded arbitration agreements providing for the administration of arbitration by the predecessor institution; 21) the electronic document transmitted by communication channels,-information prepared, sent, An electronic, magnetic, optical or similar means, including electronic data interchange and electronic mail. Article 3. Get documents and other materials 1. Documents and other materials are sent to the parties in a coordinated manner and to the addresses they have indicated. 2. Unless otherwise agreed by the parties to the arbitration, documents and other materials shall be sent to the last known location of the organization which is a party to the arbitration or at the place of residence of the citizen, including the individual An entrepreneor who is a party to arbitration, by registered letter of notification of service or otherwise, which provides for the fixing of the attempt to deliver the documents and materials specified. Documents and other materials are considered to be received on the day of such delivery (the attempt to deliver), even if the party to the address is not or does not live. Article 4. Waiver of the right to object If a party who knows that any dispositive provision of this Federal Law or any requirement of the arbitration agreement has not been met, then continues to participate in the arbitration without objecting to such non-compliance, without undue delay, and if a period of time is provided for that purpose, it shall be deemed to have waived its right to object. Article 5. The limits of court intervention On matters governed by this Federal Act, no judicial intervention shall have any place except in cases where it is provided for by this Federal Act. Article 6. Bodies to perform certain functions assistance and control in relation to arbitration Functions referred to in articles 11, parts 3 and 4, 13 (3), 14 (1), 16 (3) and 40 of this Federal Law The law shall be executed by the competent court. Chapter 2. The Arbitration Agreement Article 7. The definition, form and interpretation of the arbitration agreement 1. The arbitration agreement is an agreement of the parties to submit to arbitration all or certain disputes which have arisen or may arise between them in relation to any particular legal relationship, whether or not such a legal relationship contractual nature 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 provided for in part 2 of this article shall be deemed to be met if the arbitration agreement is concluded, including through the exchange of letters, telegrams, telexes, telefax and other documents, including electronic documents transmitted by communication channels that make sure that the document is based on the other side. 4. The arbitration agreement shall also be deemed to be in writing if it is concluded by an exchange of procedural documents (including a statement of claim and the withdrawal of the claim), in which one of the parties expresses the existence of an agreement, And the other one doesn't mind that. 5. 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. 6. 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. 7. Arbitration agreement on the transfer to arbitration of all or part of the disputes of the parties to a legal entity established in the Russian Federation and the most legal person for whose proceedings the rules of arbitration of corporate disputes are applicable may be is concluded by its incorporation into the statute of the legal person. Charter containing such arbitration agreement as well as amendments to the constitution providing for such arbitration agreement and amendments to such an arbitration agreement shall be approved by a decision of the supreme authority (s) (a) The right to education. An arbitration agreement concluded in accordance with this procedure shall apply to the disputes of the parties to the legal person and to the disputes of the legal person in which another person is involved, only if the other person has expressly expressed his or her will the binding nature of 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 in the charter of public joint-stock company. The Russian Federation shall be the place of arbitration when considering the disputes referred to in this part of the dispute. 8. In interpreting the arbitration agreement, any doubts should be interpreted in favour of its validity and enforceability. 9. Unless otherwise agreed by the parties, the arbitration agreement arising out of or in connection with the contract shall extend to any transaction between the parties to the arbitration agreement for execution, modification or avoidance of the specified contract. 10. 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. 11. The arbitration agreement contained in the contract shall also apply to any disputes arising out of the conclusion of the contract, its entry into force, modification, termination, validity, including the return of the parties to the entire contract. a contract declared invalid or not concluded, unless otherwise provided by the arbitration agreement itself. 12. 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 Federal Law may only be agreed upon by a direct agreement of the parties, may not be included in the rules of the permanent arbitration institution. Article 8. Arbitration agreement and litigation on the merits of the dispute in court 1. The court in which the claim is made on the subject matter of the arbitration agreement must, on condition that either party declare this not later than the submission of its first claim on the merits of the dispute, leave the claim without If it does not find that the arbitration agreement is null and void, the arbitration agreement is no longer valid or may not be executed. 2. The application of this article in part 1 of this article shall not in itself constitute an obstacle to the commencement or continuation of the arbitration and the adoption of the arbitral award. Article 9. Arbitration agreement and interim measures of the court Application of a party to a court before or at the time of arbitration with a request for action and the court's determination of such measures shall not be inconsistent with the arbitral tribunal. Agreement. Chapter 3: Composition of the arbitral tribunal Article 10. Number of arbitrators 1. The parties to the arbitration may determine the number of arbitrators at their discretion and, unless otherwise specified in the federal law, the number of arbitrators shall be odd. 2. If the parties to an arbitral tribunal do not determine the number of arbitrators, three arbitrators shall be appointed. Article 11. Election of arbitrators 1. No person shall be deprived of the right to act as an arbitrator because of his or her nationality, unless the parties to the arbitration have agreed otherwise. The parties to an arbitral tribunal shall have the right to agree on additional requirements for arbitrators, including requirements for their qualification, or for the settlement of the dispute by a specific arbitrator or arbitrators. 2. The parties to an arbitral tribunal may agree upon a procedure for the election (appointment) of an arbitrator or arbitrators, subject to the provisions of parts 4 to 11 of this article. 3. In the absence of an agreement under Part 2 of this Article: 1) in arbitration with three arbitrators, each party shall elect one arbitrator and the two arbitrators so appointed shall elect the third arbitrator. If the party does not elect an arbitrator within one month upon receipt of the request by the other party, or if two arbitrators within one month of their election fail to agree on the election of a third arbitrator, on the application of any party shall be made by the competent court; 2) in arbitration with the sole arbitrator, unless the parties to the arbitral tribunal have reached an agreement on the election of the arbitrator, upon the request of any party, the appointment shall be made by the competent court. 4. If, under the procedure for the election (appointment) of arbitrators agreed upon by the parties, one of the parties does not comply with such a procedure, either the parties or the two arbitrators cannot reach agreement in accordance with the procedure or the third person, including the permanent The arbitration institution in force shall not, in accordance with the rules of arbitration, perform any function assigned to it under such a procedure, any party may request the competent court to take the necessary measures in the light of the agreed upon of the procedure for the election (appointment), unless the agreement on the procedure election (s) does not provide for other means of securing the appointment. 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 these cases the arbitration terminates and the dispute may be referred to the competent court. 5. 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. 6. Unless otherwise agreed by the parties, the arbitrator permitting the dispute alone (in the case of a collegial resolution of the dispute, in compliance with the provisions of Part 7 of this Article, the President of the arbitral tribunal), shall satisfy one of the following requirements: (1) have higher legal education, certified by a certified model in the territory of the Russian Federation; (2) have higher legal education, confirmed by foreign documents, recognized in the territory of the Russian Federation. 7. In the case of a collegial resolution of the dispute, the parties to the arbitration may agree that the president of the arbitral tribunal may fail to meet the requirements set out in Part 6 of this article, provided that the arbitral tribunal is constituted The arbitrator in question. 8. The arbitrator shall not be a person who has not attained the age of twenty-five years, a incapable person or a person whose legal capacity is limited. 9. The arbitrator shall not be a natural person having an unconvicted or unconvicted criminal record. 10. The arbitrator may not be a natural person whose powers as a judge, lawyer, notary, investigator, prosecutor or other law enforcement official have been terminated in the Russian Federation in accordance with the procedure established by the federal law for acts of misconduct incompatible with his or her professional activities. 11. The arbitrator shall not be a natural person who, under his or her status as defined by federal law, cannot be elected (appointed) arbitrator. Article 12. Reasons for challenge of arbitrator 1. In the case of an appeal to a person for his possible election (appointment) as an arbitrator, that person must inform the parties in writing of any circumstances that may give rise to reasonable doubt as to his or her case Impartiality or independence in the proceedings of the dispute concerned. The arbitrator, from the time of his or her election, and throughout the arbitral tribunal shall, without delay, notify the parties of the arbitral tribunal of the occurrence of such circumstances unless he has informed them of such circumstances in the past. 2. The arbitrator may be questioned only if there are circumstances that raise reasonable doubts as to its impartiality or independence, or if it does not meet the requirements of a federal law. The agreement of the parties. The party may challenge the arbitrator to whom it has chosen (appointed) or in the election (s) of which it has participated, only on the basis of which it has become known after the election (appointment) of the arbitrator. Article 13. Procedure for challenge of arbitrator 1. The parties may, at their discretion, agree on the procedure for the challenge of the arbitrator, subject to the provisions of Part 3 of this article. 2. In the absence of an agreement under Part 1 of this article, a party intending to challenge the arbitrator within fifteen days after being informed of the formation of the arbitral tribunal or any circumstances specified in the In accordance with article 12, paragraph 2, of this Federal Act, the reasoning of the arbitral tribunal shall be communicated in writing to the arbitral tribunal. If the challenged arbitrator does not recuse himself or the other party does not agree with the challenge, the question of the challenge shall be decided by the arbitral tribunal. 3. If, in the application of any procedure agreed upon by the parties, or the procedure provided for in part 2 of this article, the disqualification shall not be granted, within one month from the date of receipt of the notice of the decision of the Deviation of the disqualification may 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 arbitration and adopt the award. Article 14. Removal of the authority of arbitrator 1. In the event that an arbitrator is either legally or in fact unable to participate in the discussion of the dispute, or does not participate in the consideration of the dispute for an unreasonable period of time, his or her powers shall be terminated if the arbitrator declares the self-disqualification or The parties agree to terminate such powers. In other cases, if 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 resolution of the termination arbitrator's authority. Parties whose arbitration agreement provides for the administration of arbitration by a permanent arbitral institution may agree otherwise on the termination of the authority and the replacement of an arbitrator or its direct agreement may be deleted this feature. 2. The qualification of an arbitrator or the consent of a party to terminate his powers under this article or article 13, paragraph 1, of this Federal Act does not imply recognition of any of the grounds referred to in this article or in article 12, part 2. of this Federal Law. Article 15. Replacement of an arbitrator If the power of an arbitrator is terminated pursuant to article 13 or 14 of this Federal Law, or because the arbitrator shall recuse himself for any other reason, or terminate his or her power by the agreement The parties and, in any other case, the termination of its powers, the substitute arbitrator shall be appointed in accordance with the rules applicable to the appointment of the arbitrator being replaced. Chapter 4: Competence of the arbitral tribunal Article 16. The right of the arbitral tribunal to issue a ruling on its competence 1. The arbitral tribunal may itself decide on its competence, including any objection to the existence or validity of an arbitration agreement. An arbitration clause forming part of a treaty is recognized by an agreement independent of the other terms of the treaty. The adoption of an arbitral award that the contract is invalid 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 make a decision on the application referred to in part 2 of this article, either as a preliminary matter or in a decision on the merits of the dispute. If the arbitral tribunal adopts a preliminary order, that it has competence, any party may within one month of receipt of the notification of the adoption of the order to file a complaint with the competent court -Decision on the lack of competence of the arbitral tribunal. 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 appearance before a court of the said statement does not in itself prevent the arbitral tribunal from continuing the arbitration and making the award. 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 a party to take interim measures of protection as it deems necessary. The arbitral tribunal may require any party to provide appropriate security in connection with these 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 provide that, pending the constitution of the arbitral tribunal, the permanent arbitral institution may order the acceptance by any party of the interim measures it considers necessary. Such interim measures are subject to Part 1 of this article, as if they were accepted by the arbitral tribunal. Chapter 5: Maintenance of arbitration Article 18. The principles of arbitration Arbitration are based on the principles of independence and impartiality of the arbitrators, the dispositivity, the adversarial principle and the equal treatment of the parties. Article 19. Definition of arbitration rules 1. Subject to the provisions of this Federal Act, the parties may, at their discretion, agree on the arbitration procedure. 2. In the absence of an agreement under Part 1 of this article, the arbitral tribunal may, subject to the provisions of this Federal Law, exercise arbitration as it deems appropriate, including with respect to the definition The admissibility, relevance and meaning of any evidence. 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. In the absence of such an agreement, the place of arbitration shall be determined by the arbitral tribunal, taking into account the circumstances of the case and the convenience of the parties. 2. The arbitral tribunal may, unless the parties otherwise agree, meet in any place it deems appropriate for the holding of a meeting between arbitrators, the hearing of witnesses, experts or parties, or for the examination of goods, other property or of documents. Article 21. The confidentiality of arbitration 1. Unless otherwise agreed by the parties or otherwise provided by federal law, the arbitration shall be confidential and the hearing of the case shall be held in private. 2. Arbitrators, the staff of the permanent arbitral institution shall not be entitled to disclose the information that has become known to them during the arbitral proceedings, without the consent of the parties. 3. The arbitrator shall not be subject to examination as a witness of the information made available to him by the arbitral tribunal. Article 22. Composition and distribution of costs related to arbitration resolution 1. Unless otherwise agreed by the parties, the costs of resolving the dispute in arbitration include: 1) arbitrators ' fees; 2) expenses incurred by the arbitrators in connection with the arbitration, including the costs of payment Travel to the place of consideration of the dispute; 3) the amounts to be paid to the experts and interpreters; 4) the expenses incurred by the arbitrators in connection with the examination and examination of the written and physical evidence at their location; 5) expenses incurred by witnesses; 6) charges The services of the representative (s) of the parties; 7) costs for organizational, material and other arbitration; 8) other costs determined by the arbitral tribunal. 2. An arbitral tribunal administered by a permanent arbitral institution, arbitral tribunal or a permanent arbitration institution (as defined by the rules of the permanent arbitration institution) shall determine which of the The costs are to be paid by the parties directly and through a permanent arbitration institution (including the arbitration fee set out in the rules of the permanent arbitration institution). 3. In arbitration administered by a permanent arbitration institution, the fees of arbitrators are determined by the rules of the permanent arbitration institution. In case of arbitration by an arbitral tribunal constituted by the parties to settle a particular dispute, the amount of the honorarium shall be determined on the basis of the requirements of Part 4 of this article. 4. The arbitral tribunal, constituted by the parties to resolve a particular dispute, determines the amount of the arbitrators ' fees by agreement of the parties and, in the absence of such an agreement, by the arbitral tribunal, taking into account the price of the claim, the complexity of the dispute the dispute, the time spent by the arbitrators in the arbitration and any other relevant circumstances. 5. The distribution of expenses related to the settlement of the dispute before the arbitral tribunal shall be made by the arbitral tribunal between the parties in accordance with the agreement of the parties and, in the absence of such agreement, a prorating of satisfied and rejected claims. 6. The arbitral tribunal, on the application of the party in favour of the decision, has the right, in its decision, to treat the costs of the services of the representative (s) of the party and other expenses of the arbitral tribunal in connection with the arbitration to the other party. 7. The distribution of expenses related to the settlement of the dispute before the arbitral tribunal shall be indicated in the decision or order of the arbitral tribunal. Article 23. The beginning of the 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. Article 24. Language of arbitration 1. The parties may, at their discretion, agree on the language or languages to be used in the arbitration. In the absence of such an agreement, the arbitration shall be in Russian. Such an agreement, unless otherwise specified, shall apply to any written declaration by the party, any hearing of the case and any decision, ruling or other communication by the arbitral tribunal. 2. The arbitral tribunal may order that any written evidence be accompanied by a translation into the language or languages agreed upon by the parties or which are determined by the arbitral tribunal. Article 25. The claim statement and the recall for the claim 1. Unless otherwise agreed by the parties, the claimant shall state its claim in a statement of claim which shall be communicated in writing to the respondent and, if applicable, to the permanent arbitration institution. 2. Unless otherwise agreed by the parties, the statement shall specify: 1) the date of the claim; 2) the name (surname, name and, if any, patronymic) and location (s) of the parties to the arbitration; 3) substantiation of the jurisdiction of the arbitral tribunal; 4) the plaintiff's claim; 5) the circumstances on which the claimant bases its claim; 6) proof of claim; 7) claim price; 8) list of attached claims documents and other materials. 3. A statement of claim shall be signed by the claimant or its representative. If the claim is signed by a representative of the claimant, a letter of attorney or other certifying authority of the representative shall be attached to the claim. 4. The defendant has the right to submit to the plaintiff and (if applicable) the withdrawal of the arbitral tribunal (including through a permanent arbitration institution), setting out its objections to the claim, in the order and time required Arbitration rules. 5. If the rules of the arbitral tribunal or the arbitral tribunal do not determine the time limit for the submission of a review of the claim, the withdrawal shall be submitted prior to the first meeting of the arbitral tribunal. 6. Unless otherwise agreed by the parties, the party is entitled, in the course of the arbitration, to modify or amend its claims or objections to the claim, as well as to produce additional evidence, unless the arbitral tribunal refuses to accept Complexs or objections to the claim or additional evidence in view of the delay in their presentation. 7. Unless otherwise agreed by the parties, the defendant has the right to bring a counterclaim, provided that there is a mutual connection between the counterclaim and the claims of the claimant, and provided that the counterclaim is provided for in the counterclaim arbitration agreement and subject to its terms. A countersuit may be brought in the course of arbitration before the award is made, unless the parties agree otherwise for the filing of the counterclaim. 8. A counterclaim must satisfy the requirements of Part 2 of this article unless the parties agree otherwise. 9. The author is entitled to lodge an objection to the counterclaim in accordance with the procedure and time limits provided for by the agreement of the parties (if any). 10. Unless otherwise agreed by the parties, they are entitled, in accordance with the civil law of the Russian Federation, to request the set-off of their counterparty uniform claims before the arbitral tribunal, in accordance with the requirements of Parts 7 to 9 of this Regulation. articles. Article 26. Presentation of evidence Each party must prove the circumstances on which it refers as a justification for its claims and defences. The arbitral tribunal may, if it considers the evidence submitted insufficient, invite the parties to provide additional evidence. Article 27. Hearing and hearing of documents 1. Subject to any other agreement of the parties, the arbitral tribunal shall decide whether to hold oral proceedings for the presentation of evidence or for oral arguments or to proceed with proceedings only on the basis of documents and other documents. Materials. However, the arbitral tribunal must hold a hearing at the appropriate stage of the arbitration at the request of either party, unless the parties expressly agreed not to hold an oral hearing. 2. The parties should be notified in advance of any hearing of the arbitral tribunal, including those conducted for the purpose of inspecting goods, other property or documents. 3. All statements, documents or other information submitted by one of the parties to the arbitral tribunal should also be sent to the other party. Parties should be provided with copies of any findings of experts or other documents that have evidentiary value and on which the arbitral tribunal may base its decision. 4. According to the agreement of the parties, the hearing of the case in the session of the arbitration court can be done through the use of video conferencing systems. 5. Unless otherwise agreed by the parties, a protocol shall be kept during the oral proceedings. Article 28. Non-view of documents or non-appearance of a party 1. Unless otherwise agreed by the parties, the parties or their representatives, duly notified of the time and place of the meeting of the arbitral tribunal, shall not agree otherwise or fail to appear before the arbitral tribunal. Barriers to arbitration and adoption of an arbitral award, if the reason for the failure to submit the documents and materials or the failure of the parties to appear at the session of the arbitral tribunal is disrespectful to them. 2. Unless otherwise agreed by the parties, the failure of the respondent to object to the claim cannot be regarded as a recognition of the claimant's claim. Article 29. Expert nominated by the arbitral tribunal 1. Unless otherwise agreed by the parties, the arbitral tribunal shall have the right: 1) to appoint one or more experts to clarify matters requiring special knowledge; 2) to require any The parties shall provide the expert with any information relevant to the case or to examine or give an examination to them of the goods, other property or documents relating to the case. 2. Unless otherwise agreed by the parties, the expert, as well as the questions to be clarified in the examination, shall be determined by the arbitral tribunal, taking into account the views of the parties. 3. In the absence of agreement by the parties to the other expert, if the party so requests, or the arbitral tribunal considers it necessary, after the submission of its written or oral opinion, the parties must participate in the hearing of the case at which the parties It is possible to ask him questions in connection with the expert examination and the expert opinion provided. Article 30. Assistance of the court in obtaining evidence As part of an arbitral tribunal administered by a permanent arbitral institution, the arbitral tribunal or the party, with the consent of the arbitral tribunal, may request the competent court to request Assistance in obtaining evidence. The competent court shall comply with the request or refuse it in the manner and on the grounds provided for in the procedural legislation of the Russian Federation. Chapter 6: Adoption of the arbitration award and termination of arbitration Article 31. Rules applicable to the substance of the dispute 1. The arbitral tribunal shall settle the dispute in accordance with the Russian law or in cases where, under Russian law, the parties may choose to apply to their legal relations as applicable foreign law, in accordance with the law, which the parties have indicated as being applicable to the substance of the dispute and, in the absence of such guidance, in accordance with the rules of substantive law determined by the arbitral tribunal in accordance with the conflict-of-laws rules which it considers applicable. Any reference to the law or the system of the law of a State should be interpreted as directly Referring to the substantive law of that State, and not to its conflict-of-laws rules. 2. The arbitral tribunal shall decide in accordance with the terms of the contract and taking into account applicable customs. Article 32. Decision by the panel of arbitrators After the examination of the circumstances of the case, the arbitral award shall be made by the arbitral tribunal. In arbitration performed by a panel of arbitrators, any arbitral award, unless otherwise agreed by the parties, shall be taken by a majority of the arbitrators. However, matters of procedure may be resolved by an arbitrator who is the president of the arbitral tribunal, if he is authorized by the parties or by all other arbitrators. Article 33. The World Agreement 1. If, in the course of arbitration, the parties settle the dispute, the arbitral tribunal shall terminate the arbitral proceedings and, at the request of the parties, make an award on agreed terms. 2. The arbitral award under the agreed terms shall be made in accordance with the provisions of article 34 of this Federal Act and shall contain an indication that it is an award. This decision shall have the same effect and shall be enforceable as any other arbitral award on the merits of the dispute. Article 34. Form and content of award 1. The award shall be made in writing and signed by the sole arbitrator or arbitrators, including the arbitrator who has a dissenting opinion. A particular opinion of the arbitrator shall be appended to the arbitral award. In arbitral proceedings conducted by a panel of arbitrators, the signatures of a majority of the members of the arbitral tribunal are sufficient, provided that the reason for the absence of other signatures is given. 2. Unless otherwise agreed by the parties, the award specifies: 1) the date of the award; 2) the place of arbitration; 3) the composition of the arbitral tribunal and the order of its formation; 4) The names (surname, name and, if any, of the patronymic) and location (s) of the parties to the arbitration; 5) substantiation of the jurisdiction of the arbitral tribunal; 6) the plaintiff's claim and the respondent's objection, the parties ' motions; 7) the circumstances of the case established by the arbitral tribunal, The evidence on which the arbitral tribunal's findings are based on these circumstances, the legal rules relied upon by the arbitral tribunal in the arbitral award; 8) the operative part of the arbitral award that contains The findings of the arbitral tribunal to satisfy or refuse each claimed claim. The amount of the costs involved in settling the dispute before the arbitral tribunal, the apportionment of the expenses between the parties and, if necessary, the period and the manner in which the award was made shall be indicated in the operative part. 3. Upon the adoption of the award, each party shall be provided with an instance signed by the arbitrators in accordance with Part 1 of this article. Article 35. The arbitral tribunal On matters not affecting the substance of the dispute, the arbitral tribunal shall render an order. Article 36. End of arbitration 1. The arbitral tribunal shall be terminated by a decision or order of the arbitral tribunal made in accordance with part 2 of this article and in the case provided for in article 11, paragraph 4, of this Federal Law. 2. The arbitral tribunal shall rule on the termination of the arbitration if: 1) the claimant refuses its claim, unless the respondent objects to the termination of the arbitration and the arbitral tribunal does not recognize the legitimate interest of the respondent in the final review of the dispute; 2) the parties agree to terminate the arbitration; (3) the arbitral tribunal finds that the continuation of the arbitration is unnecessary or impossible, including when it is in force, by the same parties, on the same subject, and on the same subject The grounds for the decision of the court of general jurisdiction, arbitral tribunal or arbitral tribunal. 3. Upon the issuance of the order for the termination of the arbitration, each party shall be sent (referred) an instance signed by the arbitrators in accordance with the requirements of article 34, paragraph 1, of this Federal Act. 4. The powers of the arbitral tribunal shall be terminated simultaneously with the termination of the arbitration, except in the cases provided for in article 37 of this Federal Law. Article 37. Correction and clarification of the award. Additional award. Resuming arbitration 1. Within thirty days from the date of receipt of the award, unless otherwise agreed by the parties: 1), either party, by notifying the other party, may request the arbitral tribunal to correct the errors in the award in the award. Counting, description, or typographical errors or other errors of a similar nature; 2), where there is an agreement between the parties, any of the parties, by notifying the other party, may request the arbitral tribunal to provide an explanation of any or part of the award. 2. The arbitral tribunal, if it considers the request to be justified, shall, within thirty days of its receipt, make appropriate corrections or clarification which becomes an integral part of the award. 3. The arbitral tribunal may, within thirty days of the date of its adoption of the award, correct the errors referred to in paragraph 1 of part 1 of this article. 4. Unless otherwise agreed by the parties, either party, having notified the other party, within thirty days from the date of receipt of the award, may request the arbitral tribunal to make an additional award in respect of claims that were declared in the course of the arbitration but were not reflected in the award. The arbitral tribunal, if it considers the request to be justified, shall make an additional award within sixty days from the date of its receipt. 5. The arbitral tribunal may, if necessary, extend the period during which it must correct the errors, clarify or make an additional award in accordance with Part 2 or 4 of this Article. 6. In the event that a competent court hearing an application for annulment or enforcement of an arbitral award would suspend the proceedings so that the arbitral tribunal would resume arbitration and eliminate the grounds for cancellation or rejection of the arbitral tribunal The arbitral tribunal may, at the request of either party, proceed with the enforcement of the arbitral award at the request of any party filed within the time limit for the suspension of the proceedings by the competent court. 7. The provisions of article 34 of this Federal Act apply to the correction or explanation of an award or an additional award, as well as an award made in the manner prescribed in Part 6. of this article. Article 38. The binding of the award , the Parties that have concluded the arbitration agreement, assume the obligation to voluntarily implement the award. The parties and the arbitral tribunal shall make every effort to ensure that the award is legally enforceable. Article 39. Storage of arbitral awards, decisions on termination of arbitration and arbitration cases 1. Arbitration award or decision to terminate the arbitration within one month after the termination of the arbitral tribunal, together with all the materials at the disposal of the arbitral tribunal, shall be sent by the sole arbitrator or the chairman arbitral tribunal to be held in a permanent arbitration institution which administers the dispute (in the case where the case is considered by the arbitral tribunal constituted by the parties to settle a particular dispute, the permanent arbitral tribunal) The Convention on the rights of the in the absence of an agreement between the parties and, in the absence of agreement between the parties on the matter, the court competent to consider the application for enforcement of the arbitral award under the relevant agreement of arbitration). The permanent arbitral institution in the possession of the arbitral award, the order for the termination of the arbitration and the proceedings of the arbitration shall, upon request of the competent court, provide the arbitral award to the arbitral award, The decision to terminate the arbitration and the file of the arbitration in the time limits specified in the request. 2. If the rules of the permanent arbitration institution do not define a longer term, the arbitral award, the decision to terminate the arbitration and the file of arbitration in the cases provided for in Part 1 of this article shall be retained in the A permanent arbitration institution or a competent court within five years of the date of termination of the arbitration. 3. In the event of termination of the operation of the permanent arbitral institution maintaining the arbitral award, the decision to terminate the arbitration and the materials of the arbitration in accordance with the provisions of this article, before the expiry of Five years from the date of the termination of the arbitration, the decision, the order for the termination of the arbitration and the file of the arbitration shall be deposited with the competent court referred to in part 1 of this article for the total period of storage provided for in part 1 2 of this article. Chapter 7: Challenging the award Article 40. The procedure to challenge the arbitral award 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 is final for the parties. The final award shall not be set aside. If the arbitration agreement does not provide that the award is final, such a decision may be overturned on the grounds established by procedural law of the Russian Federation. Chapter 8: Enforcement of an arbitral award Article 41. Enforcement of the award The award shall be binding and enforceable by the parties unless it has a different deadline. When an application is filed by a party to a competent court in writing, the arbitral award shall be enforced by issuing an executive sheet pursuant to this Federal Act and the provisions of procedural law. of the Russian Federation. Article 42. Grounds for refusing enforcement of the award The enforcement of an award may be refused only on the grounds established by procedural law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 43. Making changes to legally relevant registries No arbitral award, including an arbitral award that does not require enforcement, cannot be the basis for entry into the public registry (in a single government register of legal entities, a single state register of individual entrepreneurs, a single state register of rights to immovable property and transactions with it), a register of holders of nominal securities or other registry on OF THE PRESIDENT OF THE RUSSIAN FEDERATION The establishment, modification or termination of civil rights and duties in the absence of an executive sheet issued on the basis of a judicial act of the competent court (including in respect of an arbitral award that does not require (...) (...) Chapter 9: Education and activities of permanent arbitration institutions in the Russian Federation Article 44. The formation of permanent arbitration agencies in the Russian Federation and the implementation of activities 1. In the Russian Federation, permanent arbitration institutions are established at non-profit organizations. The permanent arbitration institution has the right to carry out its activities, subject to the establishment of a non-profit organization in which it is established, the right to exercise the functions of a permanent arbitration institution OF THE PRESIDENT OF THE RUSSIAN FEDERATION The International Commercial Arbitration Court and the Maritime Arbitration Commission of the Chamber of Commerce and Industry of the Russian Federation are the permanent arbitral institution without the need for the Government of the Russian Federation. The Federation of the right to exercise the functions of a permanent arbitration institution. 2. Establishment of permanent arbitral institutions by the federal authorities, State authorities of the constituent entities of the Russian Federation, local authorities, State and municipal institutions, State corporations, public companies, political parties and religious organizations, as well as lawyers ' entities, the Chambers of the Russian Federation and the Federal Chamber of Advocates of the Russian Federation, notary chambers and the Federal Notary Chamber is allowed. It is not permitted to establish one permanent arbitral institution at the same time as two or more non-profit organizations. 3. For the purposes of this Federal Act, foreign arbitral institutions shall be recognized as permanent arbitral institutions, provided they are eligible to perform the functions of a permanent arbitral institution in accordance with with the present article. For the purposes of this Federal Law, decisions taken by the arbitral tribunal in the territory of the Russian Federation when administered by foreign arbitral institutions which are not recognized by permanent arbitral institutions in the In accordance with this federal law, the Russian Federation considers the arbitral awards made in the territory of the Russian Federation by the arbitral tribunal established by the parties to settle a particular dispute. 4. The right to exercise the functions of a permanent arbitration institution in accordance with this Federal Law shall be granted by an act of the Government of the Russian Federation, adopted in accordance with the procedure established by it, on the basis of a recommendation The Council for the Improvement of Arbitration. 5. The Council for the Improvement of Arbitration is established at the authorized body of the federal executive branch, which approves its composition. The Council is composed of representatives of the state authorities, the All-Russian Association of Entrepreneurs, the Chamber of Commerce and Industry, representatives of the legal, scientific and business communities, and other persons. Public servants may not constitute more than one third of the Council for the Improvement of Arbitration. The authorized body of the executive branch approves the procedure for the establishment and operation of the Council for the Improvement of Arbitration, the list of documents to be submitted for consideration by the Council. Issuing a recommendation on the granting of the right to perform the functions of a permanent arbitral institution, the procedure for their consideration. 6. The Council for the Improvement of Arbitration is preparing recommendations on the granting or refusal of a non-profit organization to establish a permanent arbitration institution, the right to exercise The functions of a permanent arbitration institution based on an analysis of the performance of the requirements of parts 8 and 12 of this article, as well as perform other functions in accordance with this Federal Act and the provision of the order and activities of the Council for the The proceedings. 7. The Council for the Improvement of Arbitration is entitled to request from not-for-profit organizations that establish permanent arbitration institutions, state and local authorities, other organizations Documents and information, including personal data, necessary to verify compliance with the requirements of Parts 8 and 12 of this Article. 8. A non-profit organization under which a permanent arbitral institution is established shall be entitled to exercise the functions of a permanent arbitral institution or to refuse to grant such a right on the basis of results compliance with the following requirements: 1) compliance of the submitted rules of the permanent arbitration institution with the requirements of this Federal Law; 2) the existence of a permanent arbitration the establishment of the recommended list of arbitrators to the requirements of this Federal Law; 3) the reliability of the information provided about the non-profit organization in which the permanent arbitration institution is established and its founders (participants); 4) reputation A non-profit organization that establishes a permanent arbitration institution, the scope and nature of its activities, taking into account the composition of its founders (participants), will ensure a high level of organization of activities of a functioning arbitral institution, including OF THE PRESIDENT OF THE RUSSIAN FEDERATION 9. Additional requirements, with the exception of those established in part 8 of this article, shall not be permitted. 10. Refusal to grant a non-profit organization the right to perform the functions of a permanent arbitral institution may be appealed to the courts. 11. When deciding to grant the right to perform the functions of the permanent arbitral institution, the successor institution shall also take into account the activities of the predecessor institution before the date of the entry into force of this Federal Law, and Also the number of cases it has disposed of, including the number of decisions it has taken in the administration of the arbitration, which were overturned by the court or by which the court was denied the issuance of an executive sheet. 12. The foreign arbitral institution shall be entitled to perform the functions of a permanent arbitration institution in the territory of the Russian Federation if the institution has a widely recognized international reputation. Compliance with the requirements of Part 8 of this Article shall not be subject to the authorization of a foreign arbitral institution to perform the functions of a permanent arbitration institution. 13. A permanent arbitration institution may exercise the administration of arbitration subject to the establishment of a non-profit organization in which it is established, the right to perform the functions of the permanent arbitral tribunal. Institutions (except in cases established by this Federal Law) upon receipt by the authorized federal executive of a notification in writing from a permanent arbitral institution for the placement Internet Information and Telecommunications Network Deposited rules of arbitration. The procedure for such notification shall be approved by the authorized federal executive. 14. After the grant of a non-profit organization which established a permanent arbitration institution, the right to perform the functions of the permanent arbitration institution is subject to the administration of disputes on its part only in in accordance with the rules of the permanent arbitral institution, which were submitted under the procedure for obtaining the right to perform the functions of the permanent arbitral institution and deposited in an authorized Federal The executive branch. Changes may be made to the rules of the permanent arbitration institution and the adoption of additional rules by a permanent arbitral institution, with the mandatory deposit of amended or additional rules on a permanent basis of a functioning arbitration institution in an authorized body of the federal executive branch. 15. The amended or additional rules of the permanent arbitral institution shall be in effect from the date on which they are deposited in the authorized federal executive branch, subject to the placement of the permanent arbitration institution on the basis of Internet Information and Telecommunications Network, in accordance with the procedure established by this Federal Law. 16. The procedure for depositing the rules of the permanent arbitration institution in the authorized federal executive authority shall be established by the Government of the Russian Federation. 17. The permanent arbitration institution is entitled to exercise only those arbitration administration activities, which are set out in the rules of the permanent arbitration institution in accordance with this Federal Law. 18. The permanent arbitration institution has the right to administer the arbitration (provided that these activities are specified in the rules of the permanent arbitration institution): 1) administration of international commercial arbitration; 2) administration of arbitration of internal disputes; 3) performing certain functions of administering arbitration, including functions of appointment of arbitrators, authorization questions of disqualification and termination of the arbitrators Arbitration by an arbitral tribunal constituted by the parties to settle a particular dispute, without the general administration of the dispute. 19. Parties may have their agreement to entrust certain administrative functions in the administration of arbitration, including the appointment of arbitrators, the resolution of issues of disqualification and the termination of the arbitrators ' powers, in the conduct of arbitration by the arbitral tribunal. A tribunal established by the parties to resolve a particular dispute, a permanent arbitration institution whose rules provide for the implementation of these activities. In doing so, the performance of these separate functions for the administration of the dispute by a permanent arbitral institution in the exercise of arbitration by the arbitral tribunal constituted by the parties to settle a particular dispute does not entail a confession Such arbitration in general administered by the said institution. 20. It is prohibited to perform certain functions of administering arbitration, including functions to appoint arbitrators, resolution of issues of disqualification and termination of the powers of arbitrators, in the conduct of arbitration by the arbitral tribunal, formed by the parties for the resolution of a particular dispute, an organization that has not been granted the right to exercise the functions of a permanent arbitral institution under this Federal Act. 21. The establishment of permanent arbitration institutions in the Russian Federation, the names of which include the phrase "the arbitral tribunal" and the "arbitral tribunal", if the full name of the institution is similar to the intermingle The names of the courts of the Russian Federation, or otherwise, are able to mislead participants in the civil service about the legal nature and powers of the permanent arbitration institution. The name of the permanent arbitration institution shall include an indication of the full or abbreviation of the not-for-profit organization under which it is established. 22. Non-profit organizations undertake to ensure that the requirements established by this Federal Law are complied with by the permanent arbitral institutions established under them. Article 45. Arbitration Rules and Execution Rules Arbitration Administration 1. The permanent arbitration institution carries out its activities in accordance with the arbitration rules on the website of the permanent arbitration institution in the information and telecommunications network Internet and deposited The Commissioner of the Federal Executive. 2. A permanent arbitration institution has the right to have more than one arbitration rule, including rules of international commercial arbitration, rules of arbitration of domestic disputes, rules of accelerated arbitration, rules of arbitration of specific species disputes, rules of arbitration of corporate disputes. Where there are more than one arbitration rules: 1) every such rule is equally applicable to Parts 4 to 7 and 9 of this Article; (2) in the event that the parties to the arbitration agreement have not indicated otherwise or referred to The rules of the permanent arbitration institution without specifying them or the administration of the dispute on its part, the administration of their dispute shall apply the most applicable rules of the permanent arbitral institution which are determined by the arbitral tribunal and, until its composition is formed, permanent by an existing arbitration institution, unless the parties have agreed on the application of other rules. Such applicable rules shall apply to the provisions of article 7, paragraph 12, of this Federal Law; (3) in the event that, after the parties have concluded an arbitration agreement, the rules of the permanent arbitral institution shall be introduced. or the adoption of new rules, the wording of the rules in force at the time of the commencement of the arbitral proceedings shall apply unless the parties have agreed otherwise in the arbitration agreement, or unless otherwise provided in the introduction of the new rules or not arises from the substance of the provisions of the new rules. 3. The rules of the permanent arbitration institution are adopted by the authorized bodies of the non-profit organization, which established a permanent arbitration institution. 4. The rules of the permanent arbitration institution should contain provisions that include: 1) the reference to this Federal Law and (or) the Law of the Russian Federation N 5338-I " On International Commercial Arbitration " as a legal basis for the operation of a permanent arbitration institution (a mixed rule allowing for disputes depending on their and other factors may be considered in accordance with this Federal Act or the Russian Federation Act of 7 July 1993 "On international commercial arbitration"; (2) the types of disputes that administer the permanent arbitration institution; (3) the qualifications and other requirements for arbitrators in the arbitration, administered by a permanent arbitral institution; The organizational structure of the permanent arbitration institution, the procedure for the formation, powers and functions of each of its organs, powers and functions of its authorized persons participating in the administration of the arbitration (including, if applicable, a chairperson or other officer of a permanent arbitral institution authorized by the rules of the permanent arbitral institution alone to take any decisions on its behalf within the framework of the the administration of arbitration or in connection with it); 5) specific The functions of the permanent arbitration institution in connection with the administration of arbitration, including assistance in the composition of the arbitral tribunal, review of disqualification, correspondence and pleadings, Records management and storage of case files, cash to cover expenses related to the administration of arbitration, payment of fees to arbitrators and other costs; (6) arbitration procedures consistent with the requirements of the arbitral tribunal 5 of this article; 7) an indication of what Questions in the dispute settlement procedure are within the competence of the arbitral tribunal, and which are the competence of the permanent arbitration institution; 8) the applicable rules on the impartiality and independence of the arbitrators Also requirements to ensure the impartiality and independence of arbitrators (including by reference); 9) fixed size of any type of arbitration fee, including fees, or rules for their determination; 10) Composition and distribution of arbitration costs; 11) The manner in which the rules of the successor institution are applied to earlier arbitration agreements and previously initiated arbitration (if the permanent arbitration institution is the successor institution). 5. The established rules of the permanent arbitration institution should provide for: (1) the filing of the claim and the revocation of the claim; (2) the order of presentation counter-claim; 3) composition and costs of arbitration and their distribution between the parties to arbitration; 4) the order, direction and service of documents; 5) the order of formation the constitution of the arbitral tribunal; 6) the grounds and order of authorization Applications for challenge of arbitrators; 7) the grounds and termination of the arbitrators and the replacement of arbitrators; 8) the length of the proceedings; 9) the procedure for the hearing and (or) the writing of the case documents; 10) the basis and order of the suspension or termination of arbitration; 11) the procedure and time frame for the adoption, processing and direction of the award; 12) the order of the correction, the explanation of the award and the adoption of an additional award; 13) The power of the parties and the arbitral tribunal to determine the order of arbitration and the range of matters in respect of which no derogation from or clarification of the rules of arbitration is permitted by conclusion of an agreement between the parties and (or) the adoption of procedural law an act of the arbitral tribunal. 6. The rules of the permanent arbitral institution may contain other provisions that are not contrary to the law of the Russian Federation and relating to the conduct of the arbitration of the condition, including questions of document management and correspondence with the use of Electronic documents transmitted by means of communication, the adoption of such documents as evidence and by telephone and video conferencing systems. The rules of the permanent arbitral institution may include an indication that the parties are not in a position to modify any of the provisions of these rules, with the exception of the conditions under this Federal Act can only be agreed upon by a direct agreement of the parties. 7. Disputes relating to the establishment in the Russian Federation of a legal person, administration or participation in a legal person can only be considered in an arbitration administered by a permanent arbitral institution. These disputes, including disputes over claims by legal persons in relation to the legal relationship of a legal person with a third person, if the legal entity has the right to file such claims under federal law, may be considered in an arbitration administered by a permanent arbitration institution in accordance with approved, hosted and deposited rules of arbitration of corporate disputes, in accordance with the procedure established by this Federal by law. Disputes referred to in paragraphs 2 and 6 of part 1 of article 225-1 of the Code of Arbitration Procedure of the Russian Federation may be considered within the framework of the Arbitration administered by a permanent arbitration institution in the absence of rules for arbitration of corporate disputes. 8. The rules of arbitration of corporate disputes should include: (1) the obligation of the permanent arbitration institution to notify the legal entity in respect of which the corporate dispute arose of the claim submitted and send a copy of the statement of claim to such legal person at the address contained in the single State Register of Legal Persons, no later than three days from the date of receipt of the claim by a permanent arbitral institution; (2) Duty of a permanent arbitral institution post on its website the Internet Information and Telecommunications Network information on filing a claim within three days of its receipt by an arbitration institution; 3) the obligation of the legal person to notify the submission the application of a copy of all members of such a legal entity, as well as the holder of the securities of such legal person and (or) depositary, who records the rights of the emissary securities of such legal person. a person, within three days of receipt of the claim by a legal entity; 4) the right of every member of the legal person to join the arbitral tribunal at any stage by means of a written declaration to the permanent arbitral institution provided that it becomes a party (party) from the date of receipt by the permanent arbitral institution of such a declaration, by accepting arbitration in the condition in which it is at such time and without the right to raise objections and to challenge the proceedings that have occurred to the time when it became a party to the arbitration (including challenge to arbitrators on the basis of which they have been challenged before the said party to arbitrate; 5) the obligation of the permanent arbitral institution to notify all parties to the legal person; Having acceded to the arbitration in accordance with paragraph 4 of this Part, on the movement of the case by way of copies of statements in writing, notifications, orders and decisions of the arbitral tribunal, unless the party concerned did not explicitly refuse to receive such information in writing. All other correspondence in the case is sent to the parties of the legal person who have joined the arbitration only if the arbitral tribunal considers that the correspondence is important for the parties to take a decision or defend their rights and legal interests; 6) waiver, acceptance of a claim and conclusion of a settlement agreement shall be possible without the need for the consent of all parties to the legal person who have acceded to the arbitration in accordance with paragraph 4 of this Part, except if a participant sends an objection in writing within thirty days of receiving a notice in writing from the permanent arbitral institution for waiver of the claim, acceptance of the claim or conclusion of the settlement agreement, and the arbitral tribunal shall establish a legally protected interest of such The State party is in the process of arbitration. 9. The terms and conditions of the rules of the permanent arbitral institution which are contrary to the provisions of this Federal Act are void, which constitutes grounds for the annulment of the arbitral awards made pursuant to such rules or of refusal to do so. Their enforcement in the event that the conduct of arbitration pursuant to rules contrary to the provisions of this Federal Act gave rise to grounds for setting aside the arbitral award provided by procedural law of the Russian Federation. Article 46. Inadmissibility of a conflict of interest in the performance of the permanent arbitration institution , created in Russian Federation 1. There is no conflict of interest in the operation of a permanent arbitration institution. 2. For the purposes of this Federal Act, conflicts of interest are understood to be the administration of a permanent arbitration institution in which the party is: 1) a non-profit organization in which Establishment of a permanent arbitration institution; 2) the founder (participant) of a non-profit organization, with the establishment of a permanent arbitration institution (with the exception of non-profit organizations with a number of participants) (a), or a person actually determining the action of a non-profit An organization in which a permanent arbitral institution has been established; (3) the person whose competence is to deal with matters relating to the appointment, removal or termination of the arbitrators or his close relatives, and the organization in which the person has the right, directly or indirectly, to dispose of more than fifty per cent of the votes in the supreme organ of the organization or the right to appoint a single executive body and (or) more than fifty (or) The percentage of the collegiation body of the organization. 3. Other cases of conflict of interest may be provided for by the rules of a permanent arbitral institution. 4. The provisions of Part 2 of this article, as well as conflicts of interest in accordance with the rules of the permanent arbitration institution in accordance with Part 3 of this article, do not imply the refusal of the issuance of an executive sheet for the purposes of this article. Enforcement of an arbitral award or award of an award only on the basis that the party to the arbitration is the person referred to in part 2 of this article or another person provided for by the rules of the arbitral tribunal Institutions for cases of conflict of interest. Article 47. Organization of the permanent arbitration institution 1. The permanent arbitration institution must maintain and post on its website the Internet Information and Telecommunications Network, for information purposes, the list of arbitrators recommended by not less than thirty persons, provided that The written consent of each candidate for inclusion in the list. It is prohibited, however, to condition the election of arbitrators by the parties to the arbitral tribunal by belonging to the list of recommended arbitrators unless otherwise expressly agreed by the parties. The prohibition does not apply to the appointment of arbitrators by a permanent arbitral institution in accordance with the rules of the permanent arbitration institution. 2. In the event that the rules of the permanent arbitration institution provide for the administration of international commercial arbitration, a standing arbitral institution may maintain a single recommended list of arbitrators or Selected recommended lists of arbitrators for domestic arbitration and international commercial arbitration. 3. In each recommended list of arbitrators of a permanent arbitration institution, at least one third of the arbitrators should have a degree in the territory of the Russian Federation for the scientific specialization in the list, which approved by the authorized federal executive authority on the basis of a recommendation by the Council for the improvement of the arbitration procedure, and not less than half of the arbitrators should have experience in resolving civil disputes as a matter of course Arbitrators and (or) arbitrators in arbitral tribunals (arbitration) and (or) in The quality of the judges of the federal court, the constitutional (charter) court of the constituent entity of the Russian Federation, of justices of the peace for a period of not less than ten years prior to the date of inclusion in the recommended list of arbitrators. One person may not be included in the recommended lists of arbitrators of more than three permanent arbitral institutions. 4. Within the framework of a permanent arbitration institution, all matters relating to the appointment, disqualification and termination of arbitrators must be resolved by a committee on appointments, unless otherwise provided The rules of the permanent arbitration institution. In this case, in the event that the rules of the permanent arbitral institution deal with matters relating to the authorization of disqualification and the termination of the powers of the arbitrators, the authority of an authorized person is a permanent one. The arbitral institution deciding unilaterally, the rules of the permanent arbitral institution should provide for the right of the parties to appeal the decision of such a single body to the appointment committee. 5. The membership of the appointment committee shall be composed of not less than two thirds of the members of the recommended list of arbitrators of the permanent arbitral institution. The decision shall be taken by a simple majority of the total number of persons included in the list. The rules of the permanent arbitral institution may, however, provide for a different procedure for the formation of one third of the composition of the appointment committee. Persons meeting the requirements of article 11, paragraph 6, of this Federal Act must be at least one third of the appointment committee. Additional requirements for members of the appointment committee may be established by the rules of the permanent arbitral institution. 6. The permanent arbitration institution should be subject to mandatory rotation of the members of the appointment committee so that at least one third of its membership would be updated within three years and the same person could not be a member of the committee on appointments within three years of his shift. The term of appointment of the members of the appointment committee may not be terminated prematedly, except on its own request or in the case of the actual or legal impossibility of continuing to perform the functions of a member of the appointment committee. 7. The formation and rotation of its members shall be established by the rules of the permanent arbitration institution, subject to the provisions of this Federal Act. 8. The non-profit-based organization, which established a permanent arbitration institution, is obliged to post on its website information on the composition of its founders (participants) on the Internet. This duty does not apply to a non-profit organization with more than a hundred founding members (participants). 9. The permanent arbitration institution is obliged to post information about its bodies on its website (including the incorporation of the founders (members) of the non-profit organization in which A permanent arbitration institution has been established). 10. The order of the permanent arbitration institution on its website in the Internet Information and Telecommunications Network is established by the authorized federal executive authority. 11. The permanent arbitration institution should have a website on the Internet, which provides all information in accordance with this Federal Law. 12. Voluntary liability insurance is permitted for the permanent arbitration institution before the parties to the arbitration. Article 48. Cessation of the operation of the permanent arbitration institution 1. The activities of the permanent arbitral institution may be terminated by a decision of the non-profit organization in which it is established or by a decision of the arbitral tribunal. A non-profit, permanent arbitration institution is required to post on its Internet Information and Telecommunications Network information on the termination of the permanent arbitration 5 days from the date of the decision on the termination of the permanent arbitration institution or the entry into force of a court decision. 2. In case of detection of violations of the Russian Federation's legislation in the activity of the permanent arbitration institution, the authorized federal body of the executive authority shall issue a non-profit organization with permanent establishment An arbitration institution in force, a warning in writing, stating the violation and the period of its elimination, not less than one month after the issuance of the warning. 3. In the event of the detection in the activity of a permanent arbitral institution of gross repeated violations of the provisions of this Federal Act, resulting in significant harm to the rights and lawful interests of the parties to the arbitration and other persons, or In accordance with article 44, paragraph 1 (3), of this Federal Act, the federal executive authority issues a non-profit, non-profit-making organization that provides for the establishment of a permanent arbitration body. Institution, order for the non-profit organization to make a decision on The termination of the activity of the permanent arbitration institution within one month after the issuance of the order. The Commissioner of the federal executive branch shall be notified of the performance of the order not later than three days from the date on which it is carried out. 4. In the event that the non-profit organization fails to comply with the decision to terminate the activity of the permanent arbitration institution within the established period of time, the authorized federal body The executive branch shall apply to the arbitral tribunal for the termination of the operation of the permanent arbitration institution. 5. The procedure for issuing the order and its form shall be approved by the authorized federal executive. 6. The termination of the operation of a permanent arbitration institution in accordance with Part 1 of this article is not a ground for revocation or denial of enforcement of an arbitral award made within the framework of the arbitration, The administration of which was administered by a permanent arbitration institution. 7. In arbitration administered by a permanent arbitral institution, the disputes to be commenced before the date of termination of the operation of the said arbitration institution in accordance with Part 1 of this article shall continue to be considered by the arbitral tribunal, and all arbitration administration functions are to be performed by the arbitral tribunal as an arbitral tribunal constituted by the parties to the arbitral tribunal to settle a particular dispute, if the parties to the dispute Not a different procedure for the settlement of the dispute and if the arbitration agreement is not becomes unenforceable. 8. Arbitration agreements that provide for the administration of arbitration by a permanent arbitral institution that has ceased to operate in accordance with this article and for which the arbitration has not commenced before the date of termination from the date of termination of the operation of the permanent arbitral institution shall be considered as arbitration agreements for the referral of disputes to the arbitral tribunal constituted by the parties to the arbitral tribunal to settle a particular dispute, if The parties to the dispute shall not agree on a different procedure for the settlement of the dispute. Such an arbitration agreement becomes unenforceable if the dispute in relation to such an arbitration agreement cannot be considered by the arbitral tribunal constituted by the parties to the arbitral tribunal to settle a particular dispute, and the parties have not implemented the dispute in time Selection of other permanent arbitral institution or if there are other grounds for the arbitration agreement to be recognized not directly related to the termination of the permanent arbitration institution in accordance with this article. Chapter 10: Ratio of arbitration to mediation procedure Article 49. The application of a mediation procedure to a dispute is pending arbitration 1. The mediation procedure is permitted at any stage of the arbitration. 2. If the parties decide to conduct the mediation procedure, either party has the right to make an application to the arbitral tribunal. The parties shall, however, submit to the arbitral tribunal an agreement on the conduct of a mediation procedure concluded in writing and in conformity with the requirements of the Federal Law dated July 27, 2010 N 193-FZ " On Alternative Dispute Resolution (Mediation Procedure) ". 3. In the event that the arbitral tribunal has before it the agreement referred to in part 2 of this article, the arbitral tribunal shall rule on the mediation by the parties to the arbitration procedure. 4. The duration of the mediation shall be established by agreement of the parties to the arbitration in the manner established by the Federal Law of 27 July 2010 193-FZ "Alternative dispute settlement procedure involving mediation (mediation procedure)", and is specified in the decision of the arbitral tribunal. The consideration of the dispute shall be deferred for that period. 5. The mediation agreement concluded by the parties to the arbitration in writing on the results of the mediation procedure in respect of the dispute, which is subject to arbitration, may be approved by the arbitral tribunal as an arbitral award on the agreed terms and conditions, at the request of all parties to arbitration, subject to the requirements of article 33 of this Federal Act. Chapter 11: The responsibility of a non-profit organization with the permanent arbitration institution and arbitrator Article 50. Responsibility of a not-for-profit organization under which a permanent arbitration institution is established In the event that the rules of the permanent arbitration institution are not established the liability of the non-profit organization in which it is established, to the parties to the arbitration agreement in a larger amount than is provided for by this Federal Law, a non-profit organization with permanent establishment arbitration institution, civil liability The parties to the arbitration only in the form of compensation for losses caused by it due to non-performance or improper performance by the permanent arbitral institution of its functions for the administration of the arbitral tribunal or related to the performance of its own obligations under the rules of the permanent arbitration institution, with intent or gross negligence. A non-profit organization in which a permanent arbitration institution is established shall not be liable to the parties to the arbitral tribunal for damages caused by the acts (omissions) of the arbitrator. Article 51. Arbitrator's liability Arbitrator does not incur civil liability to the parties to the arbitration, as well as to a permanent arbitration institution in connection with the failure or improper performance of the arbitrator's functions Relationship with the arbitration, excluding liability in civil action in criminal proceedings, which may be brought against an arbitrator in accordance with the criminal procedure law of the Russian Federation for the purpose of reparation, by an offence in which the arbitrator shall be found guilty of established by law. The rules of the permanent arbitral institution may, however, provide for the possibility of reducing the arbitrator's fees in the event of default or improper performance of its functions. Chapter 12: Final provisions Article 52. Final provisions 1. The provisions of Chapter 9 of this Federal Act are not subject to the provisions of Chapter 9 of this Federal Law, with the exception of articles 45 and 45 of this Federal Act. 48 of the present Federal Law. 2. The provisions of this Federal Act apply to international commercial arbitration where the Russian Federation is a place only in cases expressly provided for by this Federal Act and the Russian Federation Act. N 5338-I "On International Commercial Arbitration". 3. The provisions of part 18, paragraph 3, and article 44, paragraph 3, of this Federal Act shall apply after one year from the date on which the Government of the Russian Federation has established the procedure set out in article 44, paragraphs 4 to 7, of this Federal Act. 4. The validity of the arbitration agreement and any other agreements entered into by the parties to the arbitration tribunal shall be determined in accordance with the law in force at the date of the conclusion of the respective agreements. The rules laid down in part 10 of this article shall apply to the proceedings before the courts on matters relating to the said proceedings. 5. The arbitration agreements concluded before the date of the entry into force of this Federal Act shall remain in force (subject to the provisions of Parts 6 and 16 of this Article) and may not be declared invalid or unenforceable only on the ground that This Federal Act provides for rules other than those in force in the conclusion of these agreements. 6. In the event that the arbitration agreements in force on the date of the entry into force of this Federal Act are for the consideration of disputes in permanent arbitral tribunals, subject to the other provisions of this Federal Act, Such agreements may be subject to review by the permanent arbitral tribunals referred to in such agreements or in successor institutions in accordance with their most applicable rules. In accordance with this Federal Law, only one successor agency may be established in relation to a predecessor institution. At the same time, in the composition of the documents for the right to perform the functions of the permanent arbitration institution for the successor institution, the non-profit organization in which the successor institution is established must submit its consent In writing, the body of a legal entity, in which the predecessor institution was established, for the performance of the new permanent arbitral institution of the functions of the predecessor institution in accordance with arbitration (s) of the agreements providing for the consideration of disputes The predecessor institution. 7. Since the entry into force of this Federal Law of the Federal Law of 24 July 2002, N 102-FZ " On the arbitral tribunals in the Russian Federation The Federation " does not apply, except for arbitration started and not completed before the day of the entry into force of this Federal Law. The provisions of Chapters 7 and 8 of this Federal Law shall apply to arbitration, initiated and not completed before the date of entry into force of this Federal Act. 8. The provisions of this Federal Act establishing the possibility of recourse to the courts in the cases provided for in article 11, parts 3 and 4, article 13, paragraph 3, article 14, paragraph 1, and article 16, paragraph 3, of this Federal Act shall not apply to the courts. Arbitration initiated and not completed before the date of entry into force of this Federal Act. 9. This Federal Act applies to arbitrations initiated after the date of the entry into force of this Federal Act. 10. Subject to the court's authorization of any issues relating to arbitration, including in the cases provided for in article 11, parts 3 and 4, article 13, paragraph 3, article 14, paragraph 1, article 16, paragraph 3, articles 30, 40 and 41 of this Federal Act, as well as in the case of Applications by either party to the court, where an arbitration agreement exists, are governed by the rules of procedural law of the Russian Federation in force at the time the court commenced proceedings on the relevant application, and also by the present Federal Law, except as provided for in Part 8 of this article. 11. Since the entry into force of this Federal Act, permanent arbitration institutions are established in the Russian Federation in accordance with the procedure established by this Federal Act. 12. The International Commercial Arbitration Court and the Maritime Arbitration Commission of the Chamber of Commerce and Industry of the Russian Federation are required to approve the placement on their website by February 1, 2017. Deposit in an authorized federal body of the executive branch the rules of a permanent arbitral institution which comply with the requirements of this Federal Act, which specify, inter alia, that they are implementing Arbitration in accordance with previously concluded arbitration Agreements, as well as the application of new (amended) rules on previous arbitration agreements and previously initiated arbitration. The said regulations, placed on the website in the information and telecommunications network "Internet" in the procedure provided for by this Federal Law, operate from the date of their deposit in the authorized federal executive authority. 13. At the end of one year from the date of the Government's establishment of the procedure provided for in article 44, paragraphs 4 to 7, of this Federal Act, permanent arbitral institutions, permanent arbitral tribunals, no The relevant requirements of article 44 of this Federal Act and those not authorized to perform the functions of the permanent arbitration institution (except for the International Commercial Arbitration Court and the Maritime Arbitration Tribunal). Russian Chamber of Commerce and Industry of the Russian Federation) To administer the arbitration. 14. The Government of the Russian Federation shall, within three months from the date of the entry into force of this Federal Law, establish the procedure provided for in article 44, paragraphs 4 to 7, of this Federal Act, as well as the procedure for the deposit of the rules. of a functioning arbitration institution in an authorized body of the federal executive branch. 15. The activities of permanent arbitral institutions, permanent arbitral tribunals that administer disputes in the territory of the Russian Federation, in violation of the requirements of Part 13 of this Article, shall be terminated, and Decisions of arbitral tribunals adopted within the framework of arbitration administered by the said permanent arbitration institutions, permanent arbitration courts, in violation of Parts 13 and 16 of this Article, are deemed to have been violated Arbitration procedures under this Federal Act. 16. Disputes within the arbitral tribunal administered by a permanent arbitral institution, a permanent arbitral tribunal which has lost the right to administer the dispute in accordance with part 13 of this article, shall continue to be considered by the arbitral tribunal The tribunal, and all the functions of administering arbitration, are to be performed by the arbitral tribunal as an arbitral tribunal constituted by the parties to the arbitral tribunal to settle a particular dispute, unless the parties to the dispute agree otherwise the dispute settlement procedure and if the arbitration agreement does not become unenforceable. Article 53. Chapter VII and VIII of the Federal Act "On arbitral tribunals in the Russian Federation" Admit repealed chapters VII and VIII of the Federal Law dated July 24, 2002 N 102-FZ " Arbitration courts in the Russian Federation " (Russian Federation Law Assembly, 2002, N 30, p. 3,019). Article 54. Entry into force of this Federal Law This Federal Law comes into force on September 1, 2016. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 29, 2015 N 382-FZ