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About Arbitration Courts

Original Language Title: Про третейські суди

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C A C U A TO R S
About the Third Courts
(Information of the Verkhovna Rada of Ukraine (VR), 2004, N 35, pp. 412)
{With changes made according to the Code
N 1618-IV ( 1618-15 ) from 18.03.2004, VCE, 2004, N 40-41, 42,
492
By law
N 3541-IV ( 3541-15 ) 15.03.2006, OCE, 2006, N 35, pp. 296
{Concerning the recognition of the constitutional individual provisions.
Decision Of The Constitutional Court
N 1-rp ( v001p710-08 ) Retrieved on 10.01.2008}
{With changes under the Act
N 1076-VI ( 1076-17 ) from 05.03.2009, VCE. 2009, N 30, pp. 421
Code
N 2755-VI ( 2755-17 ) 02.12.2010, VR, 2011, N 13-14,
N 15 -16, N 17, pp. 112
Laws
N 2983-VI ( 2983-17 ) 02.02.2011, OVR, 2011, N 33, pp. 334
N 3205-VI ( 3205-17 ) from 07.04.2011, VR, 2011, N 41, pp. 413
N 5410-VI ( 5410-17 ) 02.10.2012, VR, 2013, N 42, pp. 586
N 5461-VI ( 5461-17 ) 16.10.2012, VCE, 2014, N 5, pp. 62}

Section I
GENERAL PROVISIONS
Article 1. Scope of this Act
This Act governs the order of creation and activity of tertiary
courts in Ukraine and sets requirements for the third party
the purpose of protecting new and non-property rights and protected law
the interests of physical and legal persons.
Before the third court, parties can be transferred to the court.
any dispute arising from civil and economic
Law of law, in addition to the cases prescribed by law.
If a valid international treaty, consent is mandatory
which is given by the Verkhovna Rada of Ukraine, set another order
organizations, activities and solutions to the disputes of the third court, than
which is established by this Act, the rules apply.
international treaty.
The Act does not apply to international commercial
An arbitration.
Article 2. Term Definition
In this Act, the terms below are used in this regard.
value:
The third court is a non-state independent body
is formed by agreement or by the relevant decision of interest
physical and/or legal persons in the order established by this
By law, to address disputes arising from civilians and
Economic relations;
A third judge is a physical person appointed or elected
parties in the agreed sides of the order or are appointed or selected
under this Act to resolve disputes in the third
Court;
Third review-the process of resolving the dispute and acceptance
The decision of the third court;
The third treaty-the deal of the parties to the transfer of dispute over
Resolution of the Court of Justice;
The rules of the permanent court of Arbitration (continued)
Court of Arbitration) is a document defined by the order of the Court of Arbitration
and rules to resolve disputes in the third court, rules of appeal
Before the Court of Arbitration, order of the formation of the Court of Arbitration
Other issues related to the decision-making of the disputes;
{The position of paragraph 2 of Article 2 is constitutional
According to the Decision of the Constitutional Court N 1-rp ( v001p710-08 ) From
10.01.2008}
the parties to the third party (s)-the plaintiff and
Respondent. The plaintiffs are the physical and legal entities that have been sued
claim to protect their wrongdoings or challenged rights or
protected by law of interest. The defendants are physical and
Legal entities charged outside requirements;
The competent authority is the authority of the legal authority, which
In accordance with its statute or position, the right to make decisions
about the formation of the permanently incumbent third court of the court,
Provisions of the continuing action of the third court of justice, regulations
Court of Arbitration and lists of third-party judges;
competent court-local general court or local court
The Court of Arbitration for the Court of Justice;
{Paragraph 2 of the first Article 2 in the edition of Law N 3541-IV
( 3541-15 ) From 15.03.2006}
A composition of the Court of Arbitration
a court that examines a specific case;
{The paragraph of paragraph 2 of Article 2 is recognized as
Constitutional Court by the Decision of the Constitutional Court n 1-rp
( v001p710-08 ) Retrieved on 10.01.2008}
The Third Chamber of Ukraine is a constantly acting body
Self-government of third-party judges.
Article 3. Tasks of the Court of Arbitration
{The position of Article 3 is declared constitutional according to
Decision By The Constitutional Court N 1-rp v001p710-08 ) From
10.01.2008}
The task of the third court is to protect the mayors and non-Mayans
rights and are protected by the law of the interests of physical or legal persons
by comprehensive review and resolving disputes according to
Right. {Article 3 with changes under Law N 1076-VI
( 1076-17 ) of 05.03.2009}
Article 4. Principles and activities of the Court of Arbitration
The Court of Arbitration is formed and operates on the principles of:
(1) Legality;
2) independence of third-party judges and subjugation of them only
Law;
3) equality of all participants of the third party review before the
Law and the Court of Justice;
4) competition of parties, freedom in providing them to the third
To the judgment of his evidence and to the judgment of his conviction;
5) duty on the parties to the decisions of the Court of Arbitration;
6) voluntary establishment of the Court of Arbitration;
7) voluntary consent of the third-party judges to their appointment
or election in a particular case;
(8) Arbituating;
{The position of article 4, paragraph 9, is considered constitutional by
By The Decision Of The Constitutional Court N 1-rp v001p710-08 ) From
10.01.2008}
(9) Self-government of the third-party judges;
(10) All, completeness and objectivity of disputes;
11) promote the parties in achieving the global agreement on
any stage of the third party review.
Article 5. The right to transfer dispute to the Court of Arbitration
Legal and/or physical persons have the right to communicate
A third court of court any dispute arising from civilians or
of the law, except in the cases prescribed by law.
The dispute may be transferred to the trial of the Court of Arbitration for the presence of a
between the parties of the Arbitration Agreement, which meets the requirements of this
The law.
The dispute may be transferred to the decision of the third court to the
acceptance of the competent court of decision in the dispute between the same parties,
From the same subject and from the same grounds.
Article 6. Subinformation on the cases of the Tretheian courts
The Third Courts in the order stipulated by this Act can
consider any cases arising from civilian and
Economic relations, with the exception of:
(1) Cases in recognition of invalid regulations
Acts;
(2) Cases in disputes arising from the concluded, change,
The dissolution and execution of the economic treaties associated with
The satisfaction of public needs;
(3) Cases relating to the state secret;
4) cases in disputes arising from family law,
other than cases in disputes that arise from marriage contracts
(Treaties);
(5) to recover the debtor's solvency or
Recognition of his bankruptcy;
6) cases, one of the parties in which the organ of state power,
a local government body, their position or service person,
another subject during the exercise of the government's managerial functions
on the basis of legislation, including the execution of delegated persons
authority, state institution or organization, executed by
enterprise; {Paragraph 6 of the first article 6 with changes
In accordance with the Act N 1076-VI ( 1076-17 ) of 05.03.2009}
7) cases in disputes over real estate, including land
areas; {Part of first article 6 is supplemented by paragraph under
Act N 1076-VI 1076-17 ) of 05.03.2009}
(8) Cases of setting the facts of legal importance;
{Part of the first article 6 is complemented by the paragraph under the Act
N 1076-VI ( 1076-17 ) of 05.03.2009}
(9) Cases in disputes arising from labour relations;
{Part of the first article 6 is complemented by the paragraph under the Act
N 1076-VI ( 1076-17 ) of 05.03.2009}
10) cases arising from corporate relations in disputes between
Society and its member (founder,
stockholder), including a participant who has eliminated, and between
participants (founders, shareholders) of the economic societies,
related to creation, activities, management and termination
The activities of these societies; {Part of the first Article 6 is supplemented by
Paragraph under Act N 1076-VI ( 1076-17 ) of 05.03.2009}
11) other cases that according to the law are subject to
to be decided solely by the courts of general jurisdiction or the Constitutional
The Court of Justice;
12) cases where at least one side of the dispute is non-resident
Ukraine;
13) cases, according to the results of the decision
The Court of Arbitration
government authorities, local governments, their officials,
and other entities and other entities during the implementation of the
administrative functions based on legislation, including the
including the execution of delegated powers; {Part of the first article
6 supplemented by paragraph 13 according to Act N 1076-VI ( 1076-17 ) From
05.03.2009}
14) cases in the protection of consumer rights, including
Consumers of the bank (credit union). {part of the first article
6 supplemented by paragraph 14 according to Act N 2983-VI ( 2983-17 ) From
03.02.2011}
Article 7. Species of Trethean Courts
In Ukraine they can form and act permanently.
The third courts and third courts to address a specific dispute
(ad hoc courts).
Constantly operating third courts and third courts for the
the solution to a particular dispute is formed without a legal status
Persons.
A constantly acting third court is headed by the head of the third party
the court whose order of election is determined by the Order of the
A third court.
Article 8. The formation of tertiary courts
The ever-acting third courts can form and act.
In accordance with the current legislation of Ukraine:
All-Ukrainian public organizations;
All-Ukrainian organizations of employers;
stock and commodity exchanges, self-governing organizations
Professional contributors to the securities market;
Trade-industrial chambers;
All-Ukrainian credit unions, Central
The Union of Consumer Societies of Ukraine;
Associations, associations and entities
the activities are legal entities, including banks.
The ever-held third courts cannot form and
Act on government authorities and local authorities
Self-government.
The formation of a permanent Court of Arbitration
the body of subjects defined in part one of this article,
requires:
(1) Decision on the formation of a permanent
The Court of Arbitration
(2) Approval of the Regulation on the constantly acting third
Court;
(3) The approval of the rules of the Court of Arbitration;
(4) The approval of a list of third-party judges.
Lists of third-party judges
should contain the following information about third judges: date
birth, education obtained by specialty, last place of work,
The general labor experience, the work of the job.
The location of the permanently incumbent third court is
the whereabouts of its founder, which does not limit the founder
The Court of Arbitration for the Court of Arbitration
Administrative and territorial principles.
Order of the establishment of the Arbitration Court to address a particular
the dispute is determined by the third treaty, the terms of which cannot
Contrary to the provisions of this Act.
Article 9. State registration of a permanent third party
Court
A constantly acting third court is subject to state law
to register.
State registration of the permanent court of Arbitration
is carried out by the central executive body implementing the
Public registration policy (legalization)
a union of citizens, other public formations, during
Fifteen days on the day of his statement. To Statement
are adding solutions to the formation of a permanent third-party
Court of Justice, approved Regulations and Rules of the Court
Third-party judges, copy the status of the applicant. {Part of the second article 9 of the changes in accordance with the Laws
N 3205-VI ( 3205-17 ) from 07.04.2011, N 5410-VI ( 5410-17 ) From
02.10.2012, N 5461-VI ( 5461-17 ) 16.10.2012}
{Part of the third article 9 is excluded based on the Law of the
N 5461-VI ( 5461-17 ) 16.10.2012}
About the State registration of the permanently incumbent third court
A certificate of the established specimen is issued.
A constantly acting third court is recognized by the
The moment of its state registration
The basis for failure in public registration is dissenting.
documents provided by part of the second of this article,
The discrepancy of the Regulations on the ever-acting third court and
His rules are the requirements of this Act. In the case of a failure to register
The central authority of the executive branch, which implements state policy
In the area of public registration (legalization) of the associations of citizens,
other public forms sends a statement written
Motivated by the decision. {Part of the sixth article 9 of the changes made under the Act
N 5461-VI ( 5461-17 ) 16.10.2012}
Failure to register for the permanent third party
the court may be appealed to the court. {Part of Article 9 of the changes made under the Act
N 1076-VI ( 1076-17 ) of 05.03.2009}
If you make changes to the documents specified in paragraphs 2 to 4
part of the third article 8 of this Act, the founder of the permanently incumbent
The third court must apply to the central court for 15 days
an executive branch implementing state policy in the field of
public registration (legalization) of the associations of citizens, others
public wording of the statement in the order envisaged part of
the second of this article. {Part 8 of Article 9 of the changes made under the Act
N 5461-VI ( 5461-17 ) 16.10.2012}
In the case of unfulfilled the founder of the permanently incumbent third
court requirements part of the eighth of this article or detection during
Three years from the day of registration of the permanent court of Arbitration
Untrusted information in public registration
the body documents that registered such a court should appeal
to the court with the statement of the annulment of the registration certificate. Decision
to the court of annulment of the registration certificate
The Court of Arbitration is committed to an end to its activities. {Part 9 of Article 9 of the changes made under the Act
N 1076-VI ( 1076-17 ) of 05.03.2009}
Article 10. Standing trial of the Court of Arbitration
Regulations of the Court of Arbitration
Provisions of the continuing action of the Third Court of Arbitration
The Arbitration Court is approved by its founder and published.
The position of the constantly incumbent third court must contain
information about its naming, location, information about
the founder of the third court, composition, competence and order
The creation of a self-government of third-party judges, order
Election of the President of the Court of Arbitration, reason and order of termination
the Court of Arbitration.
The position of a continuously incumbent third court may contain
other provisions recognized by the founder for the necessary
the proper activities of the Court of Arbitration in accordance with this Act.
Order and rules of proceedings in the permanent
The third-party courts are established by the Law and Regulations
The Court of Arbitration.
The rules of the Court of Arbitration
rules of appeal to the third court, order of the composition of the
The Court of Arbitration,
other issues attributed to the competence of the Arbitration Court this year
By law. The rules of the Arbitration Court may contain provisions that
Although not considered by this Act, but not contrary to the principles of
the organization and activities of the Court of Arbitration
By law, and are necessary for proper implementation of the third
The Court of Justice of the Court of Justice.
Article 11. Legislation that applies to third parties
Disputes with courts
Third courts decide disputes on the basis of the Constitution
( 254k/96-PL ) and the laws of Ukraine, other regulations
and international treaties of Ukraine.
A third court in cases prescribed by law or law
international treaty of Ukraine, applies the rights of others
States.
In the absence of legislation regulating certain controversial changes
relations, third courts apply legislation that regulates
similar relationship, and in the absence of such a third court
apply a analogy of rights or guided by trade and other
Customs, if the latter is in nature and content
such a controversial relationship.
Chapter II
TREATY OF TREETIAN
Article 12. Types and form of the Arbitration Agreement
A third deal could be made in the form of a third party
Reservations in contracts, contracts, or in the form of a separate written
Agreement.
If the parties did not agree on another for the transfer of a dispute to
the permanent court of Arbitration, and at the instruction of the
A third-party agreement on a particular constantly acting third court
The rules of the Arbitration Court are treated as an integral part of the
of the Treaty of Arbitration.
Under any circumstances, in the event of a contradiction of the
The rules of the Court of Arbitration are applicable.
A third treaty is in writing. Trethean
the agreement is considered to be concluded if it is signed by the parties or
concluded by exchange of letters, by teleprinter,
telegraph or using electronic or other means
communication, which provides a fixation of such an agreement, or by
To send a claim to a claim in which one of the parties confirms
the presence of a deal, and the other side against it does not deny it.
The Third Agreement must contain naming information
the parties and their location, the subject of dispute, location and date
To make a deal. {Article 12 is supplemented by the Act N 1076-VI.
( 1076-17 ) of 05.03.2009}
Link in contract, contract to document containing
The condition of the Third Committee of the dispute is the third treaty of
the conditions that the treaty is laid down in writing and this link is
so, making a third treaty part of the treaty.
In case of the missing rules provided by this article,
The third treaty is invalid.
The invalidity of the individual contract provisions, the contract containing
The third party's warning is not the same.
The third party.
The Third Agreement may contain as an indication of specifically
defined by a third court court and a simple reference to the solution
The relevant disputes between the parties to the Court of Justice.
Article 13. Treaty and Law Enforcement
If the third deal is in the form of a third party
reservations, it is considered an integral part of the agreement and regarding
it acts the same rules of succession as to the agreement in the
Overall.
If the third deal is in the form of a separate agreement,
If the creditor is replaced, the latter must report
a new creditor about her existence. Change of third-party trust in the
This is only possible if the consent of another is explicitly stated.
(Other) the parties to the agreement.
Article 14. Appointment or election of the Court of Arbitration
Third-party judges
Parties have the right to freely appoint or elect a third party
Court and third-party judges. By arrangement, they can.
to instruct the third person (legal or physical) destination or
The election of a third court or judge.
To assign or select third-party judges in each case
They need their consent.
In constantly active third-party courts of appointment or election
Third party judges are carried out in accordance with
article 8 of this Act of the List of Tretheian Judges, which
The rules of this ever-working third court may have
Mandatory or recommender.
Article 15. Exchange of documents and written materials
Exchange of documents and written materials between parties, and
also between the parties and the third court or tretheal judges
is carried out in the order agreed by the parties, and by the specified
addresses.
In the ever-held third court order of exchange
Documents and written material shall be determined by the rules
The Court of Arbitration.
If the parties did not agree on these issues or in the case of
The uncertainty of these matters in the rules of the Arbitration Court,
documents and other written materials are sent to last
a known location of a physical person or a legal address
or by the whereabouts of the legal person recommended by the letter from
notice of the presentation or in another way that involves
receiving proof of delivery of documents and other written
The materials of the addressee and are considered to be received per day
such delivery, even if at this time the recipient behind this address
is not or is not present, but is not about changing its address
have been notified of the other side properly.
Chapter III
FORMATION OF THE THIRD COURT OF JUSTICE
Article 16. Composition of the Court of Arbitration
The composition of the Court of Arbitration is formed by appointment or
The election of a third-party judge.
A third court may consider cases in part one.
The Arbitration Judge or any odd number of third parties
Judge.
In the constantly working third court of the quantitative and
The personal composition of the third court is determined by the rules,
Regulations established by the Court of Arbitration.
In the third court to address a particular dispute of the parties
to have a discretion on quantitative and personal information
The composition of the Court of Arbitration.
Under all conditions, a third court may consider cases in
any odd number of third-party judges.
If the parties did not agree to the quantitative composition of the Arbitration Court in
Third-party court to address a specific dispute, the third
See three judges.
Article 17. Formation of the Court of Arbitration
Formation of the Third Court of Arbitration in the United States
Court of Arbitration is made in the order established
Rules of the Court of Arbitration.
Formation of the Arbitration Court in the third court for
The solution to the specific dispute is done in the order agreed upon by
Parties.
If the parties did not agree another, the formation of the warehouse
Court of Arbitration in the Court of Arbitration for the Court of Arbitration
The dispute is done in this order:
1) in the formation of the third court in the three and more
Tertiary judges each party assigns or chooses equal
number of third judges, and elected in such a way
Judges elect another third-party judge to ensure that
An odd number of third-party judges.
If one side does not appoint or choose a proper
the number of third judges over 10 days after receiving
request it from the other side or if intended or selected
parties to the third judge for 10 days after their appointment
or the election will not reciprocate another third court judge, consider
dispute in the third court stops and this dispute may be
To address the competent court;
2) if the dispute is subject to the decision of a third-party judge
alone and after addressing one side to another with
Proposal for or election of a third party judge
not prescribe or to turn to the third judge, consider the dispute in the
The third court will cease and this dispute may be transferred to
To solve the competent court.
The presiding officer of the Court of Arbitration in the case and the third
the judge in the case prescribed by the paragraph first paragraph 1 of the part
the third of this article, not less than two thirds of
appointed or selected by the Court of Justice
Voting.
Parties and appointed or elected third-party judges at the
intended or obused in the relevant cases of third-party judges
or the starving composition of the Court of Arbitration should provide
-Holding the requirements of this Act.
Article 18. Requirements for third-party judges
A third party judge is not representative of the parties. Tretheian
The judge may be appointed or chosen by a person who is right or
Indirectly not in interest in resolving the dispute, but
also has recognized parties to knowledge, experience, business and moral.
the quality required to resolve the dispute.
There's no way to be a third judge:
persons who have not reached adulthood, and persons who are
Under care or care;
persons who do not have the qualifications agreed by the parties
Directly or defined in the rules of the Court of Arbitration;
Persons who have a criminal record;
Persons who are recognized in court order are not incapacitated;
Judges of General jurisdiction or Constitutional Court
Ukraine. {Part of the second article 18 is supplemented by a paragraph according to
Act N 1076-VI 1076-17 ) of 05.03.2009}
In case of one-person solution to the dispute of a third-party judge
The ever-working third court must have a higher legal
Education. In case of a collegiate solution to the presence of a requirement
Higher legal education is distributed only to the starving compound.
The Court of Arbitration.
In resolving the dispute over the court order
a specific dispute of the parties may be installed additional
See also the requirement for a third party.
Article 19. Grounds of departure or self-rejection of the arbitral judge
A third judge cannot participate in the proceedings but not.
After his appointment or election, he is subject to a departure or self-failure:
if it ' s personally or indirectly interest in
The outcome of the proceedings
if he is a relative of one of the parties or other persons who
participate in the case, or are in place with these individuals or parties
In special relationships;
At his request or by the joint decision of the parties;
in the case of setting up a party of circumstances that give her the basis
consider the biased or unwarranted attitude of the third judge
to the case of which side learned after his election or
Purpose;
in case of prolonged, more than one month from the day of appointment or
election, non-execution of the duties of the Court of Arbitration
Specific case;
in the case of the detection of the non-conformity of the third-party judges,
The article 18 of this Act is set;
if a third judge takes part in resolving the dispute, which
directly or indirectly related to the execution of the official
Powers provided by the State.
No person can be a third judge in the case in which
she previously took part as a third judge, but was withdrawn
Whether or not the representative of the
any other quality.
In the third court to address a particular dispute of the agreement
parties can be set up additional grounds for drive or
The self-rejection of the third judge.
Article 20. Order of departure or self-departure of the arbitral judge
In case of appeal to the person by obtaining consent for election or
the appointment of her third-party judge in a specific case
have to report the presence of circumstances that are subdued to
The reference or self-reference in accordance with Article 19 of this Act.
A third judge must be able to tell the parties
on the basis of its departure or self-reference, given in Article 19
of this Act that arose after the beginning of the third of the third
Claim self-failure.
In the presence of the basis mentioned in Article 19 of this Act,
The party may claim the departing of the third-party judge
only in case the circumstances that are the basis for the waste
the appointed or chosen third of the third-party judge,
the party after its appointment or election. Parties can
to agree the procedure of the departure of the third-party judge in the third
a court decision to address a particular dispute.
Procedure for the departure of the third-party judge in a permanent
Court of Arbitration is determined by the rules of the Court of Arbitration
By holding the requirements of this Act.
If in the Third Agreement or in the Regulations of the Court of Arbitration
is not defined by the procedure of the departure of the third judge, then a written
A motivated statement from a third-party judge must be given
the party for three days after this side became
known circumstances which are the basis for the departure of the third judge
according to this Act.
If a pass is set to a specific acceptance question
the statement of the abandonment of the Third Judge is decided by the Chairman
of the Court of Arbitration, depending on the reasons for the missing line, if not
With the regulations of the Court of Arbitration.
The statement of the side of the rejection is filed by the third judge
Court of Arbitration for the Resolution of
I do not know who is being taken, or the head of a perpetually acting third court.
In the absence of any objection to the other
A third-party judge is removed from the day of submission
-His failure.
If the other side does not agree with the failure of the third party
a judge, she has the right for three days to submit a head
The Court of Arbitration is motivated by his objections. In this case
the question of departure is decided by the chairman of the court of Arbitration in conjunction with
other third-party judges, appointed or selected in the case,
for five days from receiving the statements of the parties, the decision
It is mandatory for parties that are mandatory.
Regardless of the objections of the parties to a third judge
Court of Arbitration for the Court of Justice
No, no, no, no, no. If 10 days after
The departure of such a third party judge will not agree another
candidatures, the dispute may be passed on to the solution of the competent
Court.
Article 21. Cessation of the authority of the Arbitration Judge
Court of Arbitration
The powers of the third judge shall cease:
By the approval of the parties
in the case of a departure or self-drive according to this Act;
in case of a legitimate trial by the indictment of the Court of Justice
Him.
in the case of the legitimate force of the judicial decision on recognition
It is restricted or incapacitated;
in the case of his death, recognition of him is ironably absent or
The declaration of the deceased is deceased by the decision of the law.
The authority of the Court of Arbitration, which was decided by the dispute,
It is terminated after the decision on a particular case.
In cases stipulated by articles 47 to 49 of this Act,
The powers of the Court of Arbitration are renewed and stopped
following the tasks of these articles of procedural action.
Article 22. Non-performing of the tretheirate judges of his duties
In case of non-execution or inappropriate execution of a third party
He is a judge of his duties.
the responsibility provided by the regulations of the court of Arbitration or
A position of a permanent third court or contract
Pursuant to Article 24 of this Act, in addition to cases where
the actions of the third judges contain signs of the order of offenses, for
the law provides administrative or criminal law.
Responsibility.
Article 23. Replacement of the third judge
In case of the powers of the Court of Arbitration to be terminated
Under this Act, another third judge is appointed
or is chosen according to the rules applied to the
Intended or circumctised by a third judge who is replaced.
Article 24. Contracts of third-party judges
In the third court to address a particular dispute of the parties
and the third-party judges of such a third court can teach between
Contracts which are conditioned against mutual rights and responsibilities and
other questions.
In the third court to address a specific dispute
A third judge receives fees for his services whose size is
is due to the contract between him and the party.
In the third court to address a specific dispute
A third-party judge has the right to contract and receive fees.
only from one side of the argument.
Chapter IV
COST TO DISPUTE RESOLUTION
TRETHEIAN COURT
Article 25. Cost storeroom associated with dispute resolution
Court of Justice
Up to the cost of spending related to the dispute of the dispute
Court of Justice:
(1) honorrhea of third-party judges;
2) three-volume collection, size, lines and order of payment
Parties are determined by the regulations of the Arbitration Court;
(3) expenses incurred by third judges in relation to participation
in the third trial, including expenses incurred by
On the payment of travel to the dispute settlement;
(4) Costs related to the payment of services of experts,
translators if such were invited or intended to participate in the
Third-party review;
5) costs related to review and study of substances and
Written evidence in their location;
(6) expenses incurred by witnesses;
7) costs associated with the pay side in favour of which
was adopted by the decision of the Arbitration Court, the services of the representative,
Related legal assistance;
8) costs associated with organizational supply
Third-party review;
(9) Costs for the correspondence of the Court of Arbitration;
(10) telephone, telegraph, telegraphic,
Facsimile, electronic and other binding;
(11) Honors of the Secretary of the Court of Arbitration and other expenses,
defined by the regulations of the Court of Arbitration or contract
A third judge.
If the Court of Arbitration or the Regulation
The incumbent third court is not determined that the costs are listed in
points 3-11 of the part of the first of this article, during the third
consideration of the nature of the party or the party that filed the lawsuit, the following
expenses are carried out by a constantly acting third court with the following
their charging from the sides of the dispute, which is noted in the decision or
The law of the world is the end of the Court of Arbitration.
The dimensions of the royals of the tretheal judges
Third-party courts
are defined in accordance with the rules of the Arbitration Court or
A standing trial of the Court of Arbitration.
In the case of a third-party examination of the case with continuous action
The third court did not take place or was terminated, paid
the parties to the third party return to the parties, in addition to the cases,
if it was the failure of all judges by the parties
the world agreement, the failure of the plaintiff from the lawsuit and other circumstances,
As predicted by this Act.
In the case of a third-party examination of the case with continuous action
The third court did not take place or was suspended from the grounds,
listed in part four of this article, then, if not
provided by the regulations of the Arbitration Court, the parties are reimbursed
This third court is all incurred.
is noted in the decision of the Court of Arbitration.
Implementation of the physical authority of the Court of Arbitration
the formation and activities of the permanently active third court of the
The law is not an entrepreneurial.
The proceeds of the Permanent Court of Arbitration
The judges associated with the decision of the dispute of the tretheian court
according to this Act, are not income from exercise
Business activities.
Article 26. Distribution of cost-related costs
Court of Justice
Distribution of cost-related costs
court, between the parties is carried out by a third court according to
The Treaty of Arbitration or the Regulations of the Court of Arbitration. In case
lack of references in a third agreement or a regulation
Court of Arbitration for the Order of the Expense
by the costs associated with the solution to the dispute, is carried out by
In this order:
When satisfied with the lawsuit, the costs rely on the respondent;
In a claim to the plaintiff;
with partial satisfaction with the lawsuit-on both sides
is proportional to the size of the satisfied requirements.
The order of the distribution of costs associated with the solution
The Court of Arbitration is noted in the decision or the adoption of the third party
Court.
Section V
TRETHEAN REVIEW
Article 27. Competence of the Court of Arbitration
Trethean court, with the enforcement of the requirements of this Act, on its own
Decides whether or not it has jurisdiction
to review the case.
The party has the right to claim the absence of a third court
Competence in relation to its solution to the beginning of the
In the case of the President
The party has the right to claim over the third court
the limits of its competence, if in the process of the third consideration of the
question whose consideration is not envisaged by the third agreement or which
cannot be subject to such a regulation.
The Court of Arbitration or Law.
In cases that are predicted by the second and third of this
article, a third court must postpone consideration of the case or
stop consideration of the case in essence to solving them about
He has a competent authority.
On the presence or lack of competence of the third court
In many cases, there is no way to make a motivated decision.
If a third court decides to inpossibility
to review a specific dispute in the absence of
competence, the third review is stopped, and the costs incurred
A third-party court, has been reimbursed by the parties in equal parts.
In accepting the lawsuit, the third court decides questions about
the presence and validity of the dispute transfer agreement
The Court of Arbitration.
In case a third court will conclude a lack of
or invalidity of the specified agreement, it must refuse consideration.
Case.
Refusing to consider the case to be made motivated by the failure,
The President of the United States of America With the claimant, the claimant
Back off the materials.
Article 28. Definition of third-party rules
Rules of Arbitration in the Court of Arbitration for
the resolution of a particular dispute is defined by the Law and
The third-party agreement.
Rules of third-party review
according to the part of the first of this article, cannot contradict
the mandatory position of this Act which shall not be given to the parties
the right to deal with individual issues.
Rules of Arbitration for the Third Time
The court is determined by the rules of the Arbitration Court that should not
To contradict this Act.
On issues not regulated by the regulations of the Arbitration Court or
Third-party Treaty of Arbitration for a specific
dispute over the rules of the third party, the
apply the norms of this Act and can determine its own rules
of the third party to be considered only in the part that does not contradict
the principles of organization and activities of the Court of Arbitration
See the Act.
The lines of the conduct of the procedural action provided by the Act,
can only be extended by joint agreement of the parties and the composition
The Court of Arbitration and the Court of Arbitration. About Continued Row
The Court of Arbitration is set to take place.
Article 29. Transparency of the third party
In case against the open review of the case of the Third
the court is put forward at least one side of the denial of motive
The retention and preservation of commercial or banking secrets or
ensuring information privacy, to the right, is considered
Closed session.
Article 30. Venue of the third party
The venue of the third trial of the proceedings of the
The third-party court is the location of the third court.
Court. {Part of the first Article 30 in the edition of Act N 1076-VI ( 1076-17 )
of 05.03.2009}
Proceedings of the third party of the third party
court ' s court to address a particular dispute is determined by the third
Okay. {Part of the second article 30 in the edition of Act N 1076-VI ( 1076-17 )
of 05.03.2009}

{Part of third article 30 is excluded based on the Law of the
N 1076-VI ( 1076-17 ) of 05.03.2009}

Article 31. Language of the third party
Consider cases in the third court to be failed in Ukrainian
language, unless otherwise stipulated by the regulations of the Court of Arbitration
A bargain.
A party that provides documents or written evidence to another,
than the language of the third-party review, should provide their translation to
the language or language of the third party.
Article 32. Privacy
Third court, judge of the Court of Arbitration
spread the information and information that became known to him under
time of third review, without the consent of the parties or their
The Offenders. Forbidden to demand from a third judge
providing documents, information and information that he owns in
Communications with the Third Committee, in addition to the case,
As predicted by the laws of Ukraine.
Article 33. Proceedings of the Third Court and the World Agreement
Proceedings of the Third Court begins with sentencing.
They have the right to leave and send it to the parties.
Considering cases of the third court is not limited to any
Line of the Court of Justice of the Court of Justice
or the third-party agreement.
When considering the case of a third court, the court may be established
lines to provide explanations, filing statements, documents, evidence on
The case and the conduct of other procedural acts.
A third court at the beginning of the review must find out
parties the opportunity to end the case by the world agreement and further
to promote the dispute by making the world agreement on all
the stages of the process.
The parties have the right to end the matter of the peace agreement
as before the beginning of the third review and on any of its
-stage, before decision.
On the clout of the parties, a third court decides on the
Approval of the peace agreement. A world agreement can only relate to
The rights and obligations of the parties to the subject matter.
The content of the peace deal is taught directly in the decision
The Court of Arbitration.
Before the decisions of the third court adopted in accordance with this
the articles, apply the rules of section VI of this Act.
Article 34. Third parties to the Third Committee
Participants in the third party are parties and their
representatives.
Questions regarding the participation of third persons and their procedural rights in the
The third trial is decided by a third court in accordance with
to the Court of Arbitration or the Agreement of the parties in the Court of Arbitration
to address a specific dispute. A third person participates in
The third party is voluntary.

{Part of third Article 34 is excluded based on the Law of the
N 1076-VI ( 1076-17 ) of 05.03.2009}

Article 35. Form and content of the issued statement
The name is given in writing.
In a post statement filed before the third court, should:
Remember:
the name of the permanent court of Arbitration or Storeroom
The Court of Arbitration for a particular dispute;
The date of submission of a conformed statement;
naming and legal addresses of parties that are legal
persons, and/or surname, name, by parent, date of birth,
The place of residence and the place of work of the parties that are physical persons;
naming and the legal address of the plaintiff, if
he is a legal entity, or surname, name, by father, date
birth, the place of residence and the location of the representative
a physical entity, in cases where a claim is filed by a representative;
the content of the requirements, the price of the lawsuit, if the requirement is subject to valuation;
circumstances that are justified outside the requirements, the evidence that their
Confirm, calculation of requirements;
reference to the presence of a third party agreement between the parties and
Evidence of her conclusion;
list of written materials that are added to the post
Statements