About Arbitration Courts

Original Language Title: Про третейські суди

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/1701-15

                                                          
With a k o n u r as th h s on arbitration courts (Supreme Council of Ukraine (BD), 2004, N 35, 412) {amended in accordance with the Code N IV-1618 (1618-15) on 18.03.2004, VVR, 2004, N 40-41, 42, 492-3541 N Law IV (ub003a-15) of 15.03.2006, VVR, 2006, N 35, Article 296} {on the recognition of constitutional provisions, see.
The decision of the Constitutional Court N 1-RP (v001p710-08) from 10.01.2008} {amended according to the law N 1076-VI (1076-17) from 05.03.2009, VVR, 2009, N 30, 421 Code 2755 N-VI (2755-17) from the 02.12.2010, BD, 2011, N 13-14, 15-16 N, N 17, art. 112 Laws 2983 N-VI (2983-17) from 03.02.2011, BD, 2011, N 33, 334-3205 N VI (3205-17) from 07.04.2011, VVR 2011, N 41, 413 N VI-5410 (5410-17) from 02.10.2012, VVR, 2013, N 42, 586 N 5461-VI (5461-17) from 26.10.2012, VVR, 2014, N 5, art. 62} Section I General provisions article 1. Scope of application of this law this law governs the procedure for the formation and activity of the arbitration courts in Ukraine and sets requirements for arbitration in order to protect property and non-property rights and lawful interests of individuals and legal entities.
The Court of arbitration under the agreement the parties may be passed to any dispute arising out of civil and economic legal relations, except in cases provided by law.
If the current international agreement, consent to be bound by any given by the Verkhovna Rada of Ukraine, the other the Organization, activities and dispute arbitration court, than the one that is established in this law, it shall apply the rules of the international treaty.
The action of this law does not apply to international commercial arbitration.
Article 2. Definitions of terms in this law the following terms are used in the following meaning: the Court of arbitration-a non-governmental independent body formed under the agreement or the relevant decision of the interested natural and/or legal persons in the manner prescribed by this law, for the resolution of disputes arising from civil and economic legal relations;
arbitrator-physical person appointed or chosen by the parties in the procedure agreed upon by the parties of the procedure or appointed or elected in accordance with this law to resolve disputes in arbitration;
arbitration-the process of dispute resolution and decision of Arbitration Court;
tretejs′ka agreement-agreement of the parties on the transfer of dispute on arbitrage;
Regulation of the Permanent Court of arbitration (hereinafter the arbitration)-a document which defines the procedure and rules for the resolution of disputes in arbitration, the rules applying to the Court of arbitration, the procedure for formation of the composition of the Court of arbitration, other issues associated with solving disputes Arbitration Court;
{The provisions of article 2 of the seventh paragraph is recognized as constitutional in accordance with the decision of the Constitutional Court, N 1-RP (v001p710-08) from 10.01.2008} parties arbitration (hereinafter the parties) is the plaintiff and the defendant. The plaintiffs are individuals or legal entities that submitted a claim for protection of their violated or disputed rights or lawful interests. The defendants are individuals or legal entities, who charged claims;
the competent authority-administrative body of a legal person, in accordance with its statute or regulation shall have the right to decide about the formation of the Permanent Court of arbitration, to approve regulations on the Permanent Court of arbitration, the arbitration and the arbitrators;
competent court-local General Court or the local commercial court of the place of arbitration proceedings by the Court;
{The Paragraph of article 2 as amended by law N 3541-IV (ub003a-15) of 15.03.2006} composition of the Court of arbitration-the staff of the Court of arbitration, considering the specific case;
{The provisions of paragraph 11 of article 2 was recognized as constitutional in accordance with the decision of the Constitutional Court of N 1-RP (v001p710-08) from 10.01.2008} Tretejs′ka Chamber of Ukraine-a permanent organ of self-government of the arbitrators.
Article 3. The task of the Court of arbitration {the provisions of article 3 of the Constitution recognized in accordance with the decision of the Constitutional Court, N 1-RP (v001p710-08) from 10.01.2008} is the task of the Court of arbitration is the protection of property and non-property rights and lawful interests of individuals or legal entities through comprehensive consideration and settlement of disputes in accordance with the law.
{Article 3 amended pursuant to the law N 1076-VI (1076-17) from 05.03.2009} Article 4. Principles of organization and activity of the Court of Arbitration Court of arbitration is formed and operates on the principles of: 1) rule of law;
2) the independence of the arbitrators and the conquest of them only zakonovì;
3) equality of all participants in the arbitration before the law and arbitrage;
4) adversarial parties, the freedom to provide them arbitration trial his evidence and in bringing before the Court their persuasiveness;
5) required for parties of decisions of the Arbitration Court;
6) voluntary formation of the Arbitration Court;
7) voluntary consent the arbitrators on their appointment or election in a particular case;
8) arbìtruvannâ;
{The provisions of paragraph 9 of article 4 recognized the Constitution according to the decision of the Constitutional Court N 1-RP (v001p710-08) from 10.01.2008} 9) self the arbitrators;

10) comprehensive, completeness and objectivity of dispute resolution;
11) promoting parties in achieving settlement agreement at any stage of the arbitration.
Article 5. The right to transfer the dispute to the Arbitration Court the legal and/or physical persons have a right to transmit to the Court of arbitration any dispute which arises from civil or commercial relations, except in cases provided by law.
The dispute may be referred to the Court of arbitration if the parties separate arbitration agreement that meets the requirements of this law.
The dispute may be referred to a Court of arbitration solution to making competent court decision in a dispute between the same parties on the same subject and on the same grounds.
Article 6. The jurisdiction of cases of arbitration courts of arbitration in the manner provided by this Act, may consider any cases arising out of civil and economic legal relations, except: 1) in disputes about invalidation regulatory legal acts;
2) cases in disputes arising from the conclusion, modification, termination and execution of economic contracts associated with pleasure the State needs;
3) activities associated with the State secret;
4) cases in disputes arising from family relationships, except in disputes arising from marriage contracts (agreements);
5) of restoring debtor's solvency or declaring it bankrupt;
6) Affairs, one of the parties in which there is a body of State power, local self-government bodies, their official or business person, another entity during the it power management functions on the basis of legislation, including the implementation of the delegated authority, public institution or organization, State-owned enterprise; {Item 6 of article 6 amended by law N 1076-VI (1076-17) from 05.03.2009} 7) cases in disputes concerning real estate, including land; {The first part of article 6 paragraph according to law N 1076-VI (1076-17) from 05.03.2009} 8) of establishing facts that have legal value;
{The first part of article 6 paragraph according to law N 1076-VI (1076-17) from 05.03.2009} 9) cases in disputes arising out of labour relations;
{The first part of article 6 paragraph according to law N 1076-VI (1076-17) from 05.03.2009}, 10) cases arising from corporate relations in disputes between economic society and his party (the founder, shareholder), including participant who dropped out, as well as between participants (founders, shareholders) of companies associated with the creation, management, and termination of activity of these companies; {The first part of article 6 paragraph according to law N 1076-VI (1076-17) from 05.03.2009} 11) other cases according to the law to be settled exclusively by the courts of general jurisdiction or the Constitutional Court of Ukraine;
12) cases where at least one of the parties is resident;
13) Affairs, the results of which the execution of the decision of the arbitrator court will require committing the action by public authorities, local authorities, their officials or official entities and other actors during the implementation of them in power management functions on the basis of legislation, including the implementation of the delegated powers; {The first part of article 6, paragraph 13 of the law N 1076-VI (1076-17) from 05.03.2009} 14) in disputes concerning consumer protection, including users of services of the Bank (Credit Union). {The first part of article 6 paragraph 14 according to law N 2983-VI (2983-17) from 03.02.2011} Article 7. Types of arbitration courts in Ukraine can be formed and be constantly active arbitration courts and arbitration courts to resolve a particular dispute (courts of ad hoc).
Constantly active arbitration courts and arbitration courts to resolve a particular dispute are formed without the status of legal entity.
WFE is headed by the Chairman of the Arbitration Court, the procedure for the election of which is determined by the provisions of the Permanent Court of arbitration.
Article 8. The procedure for the formation of arbitration Permanently acting arbitration courts can be formed and act when registered in accordance with the current legislation of Ukraine: Ukrainian public organizations;
national organizations of employers;
stock and commodity exchanges, self-regulatory organizations, professional participants of the securities market;
trade-industrial chambers;
national associations of credit unions, the Central Union of consumer societies of Ukraine;
associations, associations of entrepreneurs – legal entities, including banks.
Constantly active arbitration courts may not be formed and act in the bodies of State power and bodies of local self-government.
The formation of the Permanent Court of arbitration competent authority subjects defined in part 1 of this article requires: 1) the decision on the establishment of the Permanent Court of arbitration;
2) approving the regulations on the Permanent Court of arbitration;
3) approving the regulations of the Arbitration Court;
4) approval of the list of arbitrators.
Lists of arbitrators permanent arbitration courts must contain the following information about the arbitrators:

birth, education, profession, the last place of work, seniority, work experience in the specialty.
Location of the Permanent Court of arbitration is the location of its founder, which limits the founder of Arbitration Court the right to determine the location of the arbitrators for administrative-territorial principle.
The procedure for the formation of a Court of arbitration to resolve a particular dispute is determined by the tretejs′koû agreement conditions which do not contradict the provisions of this law.
Article 9. The State registration of the Permanent Court of arbitration WFE is subject to state registration.
The State registration of the Permanent Court of arbitration is carried out by the central body of the Executive power, which implements the State policy in the field of the State registration (legalization) associations, other social formations, within fifteen days from the date of submission of its founder. The statement added the decision on formation of the Permanent Court of arbitration, approved the provisions and regulations of the Court and the arbitrators, a copy of the applicant's Charter.
{Part two article 9 amended in accordance with the laws of 3205 N-VI (3205-17) from 07.04.2011, N VI-5410 (5410-17) from 02.10.2012, 5461 N-VI (5461-17) from 26.10.2012}

{Part of the third article 9 excluded by law N 5461-VI (5461-17) from the 26.10.2012} of State registration of the Permanent Court of arbitration issued a certificate of standard pattern.
WFE recognizes emerges from the moment of its State registration.
Grounds for denial of State registration is the failure to file the documents stipulated by part 2 of this article, a mismatch of provision on the Permanent Court of arbitration and its regulations to the requirements of this law. In case of refusal in registration of the central body of the Executive power, which implements the State policy in the field of the State registration (legalization) associations and other civic groups will send the applicant a written reasoned decision.
{Part of the sixth article 9 amended by law N 5461-VI (5461-17) from 26.10.2012} refusal in State registration of the Permanent Arbitration Court can be appealed to the Court.
{Part 7 of article 9 amended by law N 1076-VI (1076-17) from 05.03.2009} in case of changes to the documents specified in clauses 2-4 part three of article 8 of this law, the founder of the Permanent Court of arbitration shall within 15 days submit to the central body of the Executive power, which implements the State policy in the field of the State registration (legalization) associations and other civic groups claim in a manner According to part 2 of this article.
{Part III article 9 amended by law N 5461-VI (5461-17) from 26.10.2012} in the event of failure of the founder of the Permanent Court of arbitration requirements in part 8 of this article, or revealing within three years from the date of registration of the Permanent Court of arbitration of unreliable information filed on the State registration of the documents of the authority, which has registered such a court should apply to the Court a statement on cancellation of registration certificate. The Court decision on cancellation of registration certificate of the Permanent Court of arbitration entails the termination of its activities.
{Part of the ninth article 9 amended by law N 1076-VI (1076-17) from 05.03.2009} Article 10. The position of the Permanent Court of arbitration and arbitration Provisions of the Permanent Court of arbitration and arbitration approved by its founder and published.
The position of the Permanent Court of arbitration should contain information about its name, location, information about the founder of the Arbitration Court, the composition, competence and procedure for creation of a Government of the arbitrators, the procedure for electing the Chairman of the Arbitration Court, the grounds and procedure for the termination of the Arbitration Court.
Regulation on the WFE can contain other provisions, recognized as the founder of the necessary to ensure the proper activity of the Court of arbitration in accordance with this law.
Procedure and rules for the consideration of the permanent arbitration courts are established in this law and the regulations of the Arbitration Court.
Arbitration should define the procedure and rules for the appeal to the Court of arbitration, the procedure for formation of the composition of the Court of arbitration, the rules dispute arbitrage, other issues assigned to the competence of the Court of arbitration of this Act. Arbitration may contain provisions that although not provided for in this law, but do not contradict the principles of organization and activity of the Court of arbitration specified in this law and are necessary for the proper implementation of the arbitrage of the powers of the arbitration dispute.
Article 11. Legislation that applies tretejs′kimi courts when resolving disputes arbitration courts settle disputes on the basis of the Constitution (254 k/96-VR) and the laws of Ukraine, other regulatory legal acts and international treaties of Ukraine.
The Court of arbitration in cases stipulated by law or an international treaty of Ukraine applies the norms of the law of other States.

In the absence of legislation regulating certain contentious relationship, arbitration courts apply the law that regulates such relations, and in the absence of such arbitration courts used an analogy or guided by the trade and customs, if the latest in nature and the meaning inherent in such a contentious relationship.
Section II TRETEJS′KA AGREEMENT Article 12. Kinds and shape separate arbitration agreement Tretejs′ka agreement may be concluded in the form of an arbitration clause in the contract, the contract or in the form of a separate written agreement.
If the parties have not agreed otherwise in dispute to the Permanent Court of arbitration, as well as specifying the tretejs′kìj agreement in the WFE specific arbitration is regarded as an integral part of the separate arbitration agreement.
Under any circumstances, in case of contradiction the Ukrainian transactions rules of Arbitration Court shall apply the provisions of the regulations.
Tretejs′ka agreement shall be concluded in writing. Tretejs′ka agreement is considered to be spelled out, if it is signed by the parties or concluded by Exchange of letters, reports the Telegraph, TTY or using electronic or other communications that provide a record of such an agreement, or by sending feedback to the lawsuit, in which one party proves the existence of the agreement, and the other side is against it did not object.
Tretejs′ka agreement must contain information about the name of the parties and their location, the subject-matter of the dispute, the place and date of the transaction.
{Article 12 completed part of according to law N 1076-VI (1076-17) from 05.03.2009} Link in the contract, the date on the document that contains the condition about arbitration of the dispute is a tretejs′koû agreement, provided that the contract is concluded in writing and this link is what makes tretejs′ku the agreement part of the agreement.
In the case of underexposed rules stipulated in this article, the tretejs′ka agreement is invalid.
Invalidity of the contract, the contract containing the arbitration clause does not entail the invalidity of this arbitration clause.
Tretejs′ka agreement may contain an indication about a concretely determined by the Arbitration Court, and a simple link to resolve the relevant disputes between the parties to the Arbitration Court.
Article 13. Tretejs′ka agreement and the succession of the parties if the tretejs′ka agreement concluded in a form of arbitration clause, then it is considered to be an integral part of the agreement and on it are the same rules of succession, and the agreement in General.
If the tretejs′ka agreement concluded in the form of a separate agreement, if a creditor in the commitment the latter must inform the new lender about its existence. Change the separate arbitration agreement in this case is possible only if clearly expressed consent of another (other) Parties (sides) bargain.
Article 14. Appointment or election to the Court of arbitration and the arbitrators, the parties have the right freely to elect or appoint a Court of arbitration and the arbitrators. By agreement of the parties, they may entrust the third person (legal or natural) the appointment or election of the Arbitration Court or judges.
For the appointment or election of arbitrators in each case required their consent.
The permanent arbitration courts of the appointment or election of arbitrators is made with approved in accordance with article 8 of this law the list of arbitrators, which by the rules of the Permanent Court of arbitration may be binding or advisory in nature.
Article 15. Exchange of documents and written materials, exchange of documents and written materials between the parties and between the parties and the Arbitration Court or procurator is carried out in accordance with the procedure agreed upon by the parties and listed them.
In the constantly applicable arbitration procedure for the exchange of documents and written materials is determined by the regulations of the Arbitration Court.
If the parties do not agree on these issues, or in the case of uncertainty these issues in the rules of the Arbitration Court, documents and other written materials are sent to the last known place of residence of the individual or the legal address or location of the legal person by registered letter with return receipt or by using another method, which requires obtaining evidence of delivery of documents and other written materials delivered and shall be deemed to received on the day following the delivery, even if this time the recipient this address is not living, and about the change of their address it was not reported to the other side.
Chapter III FORMING a COURT of ARBITRATION Article 16. Composition of the Arbitration Court of the composition of the Arbitration Court is formed by the appointment or election of arbitrators (the arbitrator).
The Arbitration Court may hear cases within a single arbitrator or any odd number of arbitrators.
In the constantly applicable arbitration the quantitative and personal composition of the Court of arbitration is determined by the rules established by the Arbitration Court.
The Arbitration Court for resolving a particular dispute, the parties at their discretion may agree on the amount and composition of the Arbitration Court.

All the conditions of the Arbitration Court may hear cases in any odd number of arbitrators.
If the parties have not agreed upon the quantitative composition of the Court of arbitration in the Arbitration Court for resolving a particular dispute, arbitration is composed of three judges.
Article 17. Forming part of the Court of arbitration of the formation of the composition of the Court of arbitration in the constantly applicable arbitration is carried out in the manner prescribed by the regulations of the Arbitration Court.
Forming part of the Court of arbitration in the Arbitration Court for resolving a particular dispute is carried out in accordance with the procedure agreed upon by the parties.
If the parties have not agreed upon the other, forming part of the Court of arbitration in the Arbitration Court for resolving a particular dispute is performed in the following order: 1) at the Court of arbitration comprising three or more arbitrators each party appoints or elects an equal number of arbitrators, selected in such a way the arbitrators choose another arbitration judge to ensure the odd number of arbitrators.
If one party does not prescribe whether or not to choose the proper number of arbitrators within 10 days after receiving a request for it from the other party or if designed or chosen arbitrators by the parties within 10 days after their appointment or election will not choose another arbitrator the judge, then the consideration of the dispute in the Arbitration Court shall be terminated and that the dispute may be referred to a solution of the competent court;
2) if the dispute is subject to arbitration was settled by the judge alone, and after one side to the other with an offer of appointment or election to appoint the arbitrator or the parties do not choose arbitration judge, the consideration of the dispute in the Arbitration Court shall be terminated and that the dispute may be referred to a solution of the competent court.
Presiding over the composition of the Court of arbitration in the case and the arbitrator in the case, according to the first paragraph of item 1 of part three of this article, are elected by no less than two-thirds of the assigned or chosen by the composition of the Court through an open vote.
The parties and appointed or elected them in the appointment of arbitrators or the election in their respective cases, the arbitrators or the presiding judge of the composition of the Arbitration Court shall ensure compliance with the requirements of this law.
Article 18. Requirements for arbitrators the arbitrators are not representatives of the parties. Arbitration by a judge may be appointed or elected person who directly or indirectly interested in the result of the dispute, as well as recognized parties knowledge, experience, business and moral qualities necessary to resolve the dispute.
Arbitrators may not be: persons who have not attained the age of majority, persons under guardianship or supervision;
persons who do not have the qualifications agreed upon by the parties directly or defined in the rules of the Arbitration Court;
persons who have a criminal record;
those found in court to be incompetent;
judges of the courts of general jurisdiction or the Constitutional Court of Ukraine. {The second part of article 18 paragraph according to law N 1076-VI (1076-17) from 05.03.2009} in the case of a single dispute resolution arbitration judge of the Permanent Court of arbitration must have higher legal education. In the case of a collective dispute resolution requirements for availability of higher legal education subject only to the Chairman of the composition of the Arbitration Court.
In solving the dispute arbitration court for resolving a particular dispute agreement may set additional requirements to the arbitrators.
Article 19. Grounds for removal or samovìdvodu arbitrator arbitrator may not participate in the consideration of the case, and after the appointment or election is subject to a right of way or samovìdvodu: if he personally or indirectly is interested in the result of consideration of the case;
If he is a relative of one of the parties or other persons involved in the case, or with these parties or parties in special relationship;
at his request or by joint decision of the parties;
When a party of the circumstances that give her reason to believe biased or neob'êktivnim attitude of the arbitrator to the case about which side has learned after his election or appointment;
in the case of a long, more than one month from the date of appointment or election, failure to him the duties of arbitration judge in a particular case;
in case of discrepancy the arbitrator requirements established by article 18 of this law;
If the arbitrator is involved in resolving the dispute, which is directly or indirectly linked with the performance it authority granted by the State.
No person can be arbitration by a judge in a case in which it previously participated as arbitrator, but was reserved or stated declined as the party representative of the party or to any other quality.
The Arbitration Court for resolving a particular dispute agreement can be installed for additional grounds for removal or samovìdvodu of the arbitrator.
Article 20. The order of removal or samovìdvodu of the arbitrator in the case of an appeal to the person obtaining consent for the election or appointment of its arbitration by a judge in a particular case this person should report the presence of the circumstances which are the bases for

removal or samovìdvodu in accordance with article 19 of this law.
Arbitrator shall without delay inform the parties about the grounds for his removal or samovìdvodu, mentioned in the article 19 of this law, which arose after the arbitration, and the State declined.
In the presence of the grounds specified in article 19 of this law, a party may declare withdrawal of her chosen arbitrator only if circumstances which are the basis for removal of appointed or elected her arbitrator became known this side after his appointment or election. Parties can coordinate the procedure for removal of the arbitrator in the Arbitration Court for resolving a particular dispute.
The procedure for removal of the arbitrator in the constantly applicable arbitration is determined by the regulations of the Arbitration Court with the compliance with the requirements of this law.
If the tretejs′kìj agreement or the rules of the Arbitration Court is not defined the procedure for removal of the arbitrator, then a written motivated application for the recusal of arbitrator must be submitted by a party for three days after this side became known the circumstances which are the basis for removal of the arbitrator under this Act.
In the case of breach of the established period the question of acceptance of the application for the recusal of arbitrator shall be decided by the Chairman of the Arbitration Court depending on the causes of the omitting of the term, unless otherwise provided by the regulations of the Arbitration Court.
The statement by the parties of the withdrawal is filed arbitration judge to the Court of arbitration for the solution of a specific dispute, whose nomination is given, or the head of the Permanent Court of arbitration.
In the absence of objections of the other party regarding the alleged removal of arbitrator is the management of the filing party statements about his recusal.
If the other party does not agree with the non-arbitrator, it has the right, within three days of the present head of the Arbitration Court its motivated objections. In this case the question of removal is decided by the Chairman of the Arbitration Court, together with the other arbitrators, appointed or elected in the case within five days of receipt of the statement of the party, a decision which is binding for the parties.
Regardless of the objections the parties arbitrator of the Arbitration Court to resolve a particular dispute, which claimed drainage, may not participate in the case. If, within 10 days after the removal of such arbitrator the parties agree the other candidates, the dispute may be referred to a solution of the competent court.
Article 21. Termination of authority of the arbitrator, Arbitration Court of the Powers of the arbitrator are terminated: by agreement of the parties;
in the case of removal or samovìdvodu under this Act;
in the case of entry into legal force court verdict against him;
in the case of entry into legal force of a court decision declaring it limited productive or incapacitated;
in the event of his death, declaring it untraceable or dead a court decision that has come into legal force.
The authority of the composition of the Court of arbitration, which by an argument, terminated after making him a decision on a particular matter.
In the cases stipulated in articles 47-49 of this law, the authority of the composition of the Arbitration Court renewed and terminated after the mentioned in these articles of the procedural action.
Article 22. Failure of arbitrators of their duties in the event of failure to perform or improper performance of arbitration judge duties without good reason he carries liability regulations of the Arbitration Court or the provisions of the Permanent Court of arbitration or the contract concluded in accordance with article 24 of this law, except in cases where the action of the arbitrators to contain signs of the composition of the offenses, according to the Commission that the law provided for administrative or criminal penalties.
Article 23. Replacement of arbitrator in case the powers of the arbitrator shall be terminated in accordance with this law, another arbitrator shall be appointed or elected in accordance with the rules applied in the appointment or election of the arbitrator, who is replaced.
Article 24. The contracts of the arbitrators in arbitration to resolve a particular dispute, the parties and the arbitrators of this arbitration court can lay between the contracts, which stipulated mutual rights and obligations and other issues.
The Arbitration Court for resolving a particular dispute arbitrator receives a fee for their services, the size of which is specified in the contract between him and the party.
The Arbitration Court for resolving a particular dispute the arbitrator shall have the right to conclude a contract and receive fees only from one of the parties to the dispute.
Section IV of the RESOLUTION of the DISPUTE ARBITRAGE article 25. The composition of the costs associated with addressing the dispute arbitrage to the expenses related to the solution of the dispute arbitrage are: 1) the fees of the arbitrators;
2) arbitration fee, the amount, conditions and procedure for payment of which the parties are determined by the regulations of the Arbitration Court;
3) expenses incurred by the arbitrators in connection with their participation in the arbitration proceeding, including expenses incurred

arbitrators to pay for travel to the place of dispute resolution;
4) costs associated with the payment of the services of experts, interpreters, if such have been invited or are to participate in the arbitration proceedings;
5) costs associated with the review and study of physical and written evidence in their location;
6) expenses incurred by the witness;
7) costs associated with the payment, the party, in favor of which the decision was made to the Court of arbitration, delegate services associated with the provision of legal aid;
8) costs associated with organizing provision of arbitration;
9) expenses for correspondence of the Arbitration Court;
10) the costs of telephone, Telegraph, telex, fax, electronic and other communications;
11) fee to the Secretary of the Arbitration Court and the other costs determined by the Arbitration Court or contract with the arbitration judge.
If the regulations of the Arbitration Court or the provisions of the Permanent Court of arbitration is not defined, that the costs mentioned in paragraphs 3-11 part one of this article, during the arbitration shall bear party or the party who filed the claim, then such costs are permanent arbitration court following their collection of the parties to the dispute, the solution or the uhvalì of the Permanent Court of arbitration.
The dimensions of the fees of the arbitrators permanent arbitration courts and the procedure for their payment of arbitration judges are determined in accordance with the rules of the Arbitration Court or the position of the Permanent Court of arbitration.
In the case where arbitration case permanent arbitrage is not held or was terminated, paid for by the parties the arbitration fee is refunded to the parties, except if this was due to non-all the judges signing parties to the settlement agreement, denial of the claim of the plaintiff and other circumstances envisaged by this law.
In the case where arbitration case permanent arbitrage is not held or was terminated on the grounds specified in part 4 of this article, then, unless otherwise provided by the regulations of the Court of arbitration, the parties should refund this arbitration court all costs incurred by him, which is noted in the uhvalì the Court of arbitration.
The implementation of individual powers of arbitrator and the formation and activities of the Permanent Court of arbitration under this Act is not a business activity.
The proceeds of the Permanent Court of arbitration, the arbitrator shall be associated with the resolution of a dispute arbitration court under this Act, is not income from entrepreneurial activity.
Article 26. The distribution of the costs associated with addressing the dispute arbitrage Distribution costs associated with solving the dispute arbitrage, arbitrage is carried out between the parties in accordance with the tretejs′koû agreement or the regulations of the Arbitration Court. In the absence of references in the tretejs′kìj agreement or the rules of the Arbitration Court of the burden distribution of costs between the parties related to the resolution of the dispute, Arbitration Court in the following order: claim the costs imposed on the respondent;
in case of refusal in the lawsuit-to the plaintiff;
When partial claim-on both sides in proportion to the size of satisfied the requirements.
The procedure for the allocation of the costs associated with addressing the dispute arbitrage, States in the decision or uhvalì the Court of arbitration.
Section V ARBITRATION Article 27. The competence of the Court of Arbitration Arbitration Court, compliance with the requirements of this law, to independently resolve the question of the presence or absence of it competence for consideration of a specific case.
The party has the right to declare the lack of competence of the Court of arbitration in respect of the transferred its dispute before the start of proceedings on the merits.
The party has the right to declare excess arbitrage limits its competence, if during the arbitration proceedings, the question arises that is not provided by the tretejs′koû agreement or that may not be the subject of such proceedings in accordance with the rules of the Arbitration Court or this law.
In cases stipulated by the second and third parts of this article, the Arbitration Court shall adjourn the proceedings or to stop the trial on the merits to solve it issues about availability in his appropriate competence.
On the presence or absence of the competence of the Court of arbitration in these cases brings motivated determination.
If the Arbitration Court will reach a conclusion regarding the impossibility of considering it a specific dispute as a result of the absence of his competence, arbitration is terminated, and the costs incurred by the Arbitration Court shall be reimbursed by the parties in equal shares.
When making the claim the Court of arbitration resolves the issue of the availability and validity of agreement on transfer of dispute in the Arbitration Court.
If the Arbitration Court will reach a conclusion about the absence or invalidity of the specified agreement, he must refuse the proceedings.
About refusal in the consideration of the case is motivated by court order, which is sent to the parties. In this case the applicant, together with the decision of returning to court materials.
Article 28. The definition of the rules of arbitration

Rules of arbitration in the Arbitration Court for resolving a particular dispute are defined by this law and tretejs′koû agreement.
The rules of the arbitration agreement defined in accordance with part one of this article, may not be contrary to mandatory provisions of the law, which does not give the parties the right to negotiate with individual issues.
Arbitration rules of the Permanent Court of arbitration shall be determined by the regulations of the Arbitration Court, which must not contradict this law.
Issues not regulated by the regulations of the Arbitration Court or the tretejs′koû agreement in arbitration to resolve a particular dispute rules of arbitration, Court of arbitration applies the provisions of this Act and may determine its own rules of arbitration only in the part that does not contradict the principles of organization and activity of the Court of arbitration, as set out in this law.
Terms of committing procedural actions provided for by this law, can be extended only by common consent of the parties and the Court of arbitration, which solved the dispute. Reauthorization arbitration postanovlâêt′sâ the corresponding resolution.
Article 29. Publicity arbitration when against open proceedings arbitrage nominated at least one party objections for reasons of compliance and retention of commercial or banking secrecy or privacy, the fact is considered in closed session.
Article 30. The venue of arbitration venue of arbitration proceedings in the constantly applicable arbitration court is the location of the Arbitration Court.
{Part one of article 30 as amended by law N 1076-VI (1076-17) from 05.03.2009} the venue of arbitration cases in arbitration to resolve a particular dispute is determined by tretejs′koû.
{Part two article 30 as amended by law N 1076-VI (1076-17) from 05.03.2009}

{Part of the third article 30 on the basis of Law N 1076-VI (1076-17) from 05.03.2009} article 31. The language of the arbitration Proceedings in the Arbitration Court are conducted in English, unless otherwise provided by the regulations of the Arbitration Court or the agreement of the parties.
The party which provides the documents or written evidence in a language other than the language of the arbitration shall ensure their translation into the language or languages of the arbitration proceedings.
Article 32. Confidentiality of Arbitration Court, a judge of the Court of arbitration is not entitled to disclose the information, and the information that became known to him during arbitration, without the consent of the parties or their successors. It is prohibited to require the arbitrator to provide documents, information, and the information which it possesses in relation to the handling of arbitration cases, except the cases stipulated by the laws of Ukraine.
Article 33. Consideration of the Affairs of arbitrage and draw agreement hearing arbitrage begins with making the appropriate approval and direction of its parties.
Consideration of the Affairs of arbitrage is not limited by any of the terms, unless otherwise provided by the Court of arbitration or the tretejs′koû agreement.
In a case of Arbitration Court can be established the terms for the provision of explanations, statements, documents, evidence on the case and committing other procedural actions.
The Court of arbitration at the beginning of proceedings shall ascertain the parties an opportunity to finish the deal mirovoû agreement and further contribute to the solution of the dispute by signing the settlement agreement at all stages of the process.
The parties have the right to end the deal conclusion settlement agreement as the beginning of the arbitration, and on any stage before making a decision.
At the request of the parties to the Arbitration Court shall decide on the approval of the settlement agreement. Draw the agreement may refer only to the rights and duties of the parties regarding the subject matter of the dispute.
The content of the settlement agreement sets out directly in the decision of the Arbitration Court.
The decisions of the Court of arbitration made pursuant to this article, apply the rules of section VI of this law.
Article 34. Participants participants of the Arbitration Arbitration is parties and their representatives.
Questions regarding the participation of third parties and their procedural law in the arbitration proceedings shall be resolved by arbitration court according to the rules of the Court of arbitration or agreement of the parties in arbitration to resolve a particular dispute. The third person involved in the arbitration proceeding voluntarily.

{Part of the third article 34 excluded by law N 1076-VI (1076-17) from 05.03.2009} Article 35. The form and content of the statement of claim is filed in writing.
In the pozovnìj statement submitted to the Court of arbitration must be provided: the name of the Permanent Court of arbitration or the composition of the Court of arbitration for resolving a particular dispute;
date of submission of the claim;
names and legal addresses of parties that are legal entities, and/or last name, name, patronymic, date of birth, place of residence and place of work of the parties who are natural persons;
name and address of the representative plaintiff, if it is a legal entity, or the surname, name, patronymic, date of birth, place of residence and place of work of the representative who is a natural person, in cases when a claim is filed representative;

the content requirements, the price of the claim if the claim is subject to evaluation;
circumstances which justified claims, the evidence that they confirm the calculation of requirements;
links for separate arbitration agreement between the parties and the evidence for its conclusion;
the list of written materials that are added to the claim;