Русский
EnglishRegulations of the Court of arbitration attached to “Juridical research-and-development center”
Is ratified at the meeting of Autonomous nonprofit organization “Juridical research-and-development center” April 26, 1999, proceeding №8 (with changes of the first of November, 2000, proceeding №12) of the 24 of September, 2002, proceeding №15 of the 16 of January, 2007, proceeding №22
The present Regulations of the Court of arbitration attached to Autonomous nonprofit organization “Juridical research-and-development center” (later in the text – The thesis) is worked out on the basis of the federal statute of the 22 of June 2002 № 102-FZ “about the Courts of arbitration in the Russian Federation” and is applied during the passing of the disputes within its jurisdiction according to the Thesis about the Court of arbitration attached to UNIC for the permission of the Court of arbitration attached to UNIC.
PART 1. GENERAL PROVISIONS
Entry 01. Terms and decisions
01.1. for the purposes of the present Regulations of the Court of arbitration attached to UNIC ideas and terms, if it doesn’t definitely follows out of context the other or the other won’t be specially determined, are used in the meanings, determined by the Entry 01 of the Thesis about the Court of arbitration attached to UNIC.Entry 02. Court of arbitration competence
02.1. The Court of arbitration is constantly acting Court of arbitration attached to UNIC, settling the emerged and possible in the future civil disputes between any persons who brought a matter into Court of arbitration.02.2. The question of the Court of arbitration competence on a concrete dispute is decided by the court staff, which considers the matter.
Entry 03. Agreement about bringing a matter into the Court of arbitration
03.1. The Court of arbitration entertains the disputes in the presence of the agreement between the parts about submission of the already emerged or possible in the future dispute under the jurisdiction of the Court of arbitration. Arbitration agreement is concluded in written form.03.2. The agreement between The Parts about the delivery of the civil disputes between them on the Court of arbitration permission according to the present Thesis and the Court of arbitration regulations can be arranged:
03.2.1. including in the concluded by the sides treaties of the special item (“arbitration reservation”)
03.2.2. by covenanting of a separate judgement agreement, signed by the Parts or contained in the exchange of letters, teletype or facsimile messages;
03.2.3. infilling a special form of arbitration agreement, received from the executive secretary of the Court of arbitration.
03.3. The forms of the agreements about the bringing of a matter into the Court of arbitration, mentioned in the present entry are considered operating irrespective of the validity of the contract, the condition of which was “the arbitration reservation”.
Entry 04. The place of the settlement of the disputes
04.1. The place of carrying out of the sitting of the court staff, formed according to the present Court of arbitration regulations, is according to the common rule the Court of arbitration location.04.2. The Parts can arrange about the place of the settlement of the dispute. In case of the absence of such agreement according to the common rule the place of the settlement of the dispute is admitted Moscow.
04.3. In the court expenses during carrying out of its sitting out of the permanent Court of arbitration location are additionally included taking of minutes charges, and charges, providing judges’ fare and abode.
04.4. Court judgement is pronounced on the place of carrying out of its sitting (sittings).
Entry 05. Judges’ independence
05.1. Judges are independent and impartial while performance of their duties.05.2. Judges are not the Parts’ representatives. A person expressly or by implication interested in the outcome of the matter can’t be a judge.
Entry 06. Demands made for the arbitrator
06.1. Disputes, brought into the Court of arbitration, are settled by arbitrators included into the list of the Court of arbitration judges.06.2. A person without full capability or who is in trusteeship or guardianship can’t be an arbitrator.
06.3. A person having convictions or against whom were instituted criminal proceedings can’t be an arbitrator.
06.4. A person whose powers as a judge of the court of common jurisdiction or arbitrage, a lawyer, a notary, an investigator, a public prosecutor or another worker of the law machinery were ceased in accordance with legally established procedure because of misdeeds, incompatible with his professional activity.
06.5. A physical person who according to his official status determine by the federal statute can’t be elected as an arbitrator.
Entry 07. Equality and competing ability of the Parts
07.1. The consideration of the disputes in the Court of arbitration is carried out on the basis of equality of the Parts.07.2. Equal opportunities of their rights defence of are given to both Parts.
Entry 08. Production language of the Court of arbitration
08.1. If the Parts didn’t agree about the other, the consideration of the matters is accomplished in Russian – the official language of the Court of arbitration office work.08.2. The Parts which don’t speak the language of the office work use interpreter’s service.
08.3. Costs of interpreter are carried out at the expense of the Part, which made a request about the accordance of interpreter’s service.
08.4. Documents concerning the initiation of proceedings are given to the Parts in Russian. The Part presenting documents and other materials not in the language of the arbitration trial provides their translation.
08.5. If the Parts agreed to carry out the hearing not in the official language of the Court of arbitration office work, the court can order that any documents presented during the hearing in the other language were translated into the language about which the Parts agreed. It is the duty of the Parts to translate all the documents into Russian and to present interpreter’s service to the judges. Costs of interpreter in this case should be shared and shared alike between the Parts.
08.6. If the decision of the Court of arbitration should be stated in the official language of the territory, where the execution of the decision is asked, provides the translation of this decision and of the other necessary documents into this language. Documents’ copies, translated into the official language of the place of the execution of the decision, are given to the Court of arbitration.
08.7. the decision of the Court of arbitration is subject to the translation into the language of the office work, adopted during the consideration of a concrete matter. Costs of interpreter are beared by the defeated party.
Entry 09. Oral and written language of the office work
09.1. The Parts have a right to choose the oral form of the matter consideration or the consideration on the basis of the investigation of the written proof. In case of the absence of the Parts’ consent the matter is considered orally.09.2. In case of the non-presentation by the Parts of the necessary proves at discretion of the court the matter can be heard orally, even if the other form of the matter consideration was fixed in the agreement.
Entry 10. Collective matter consideration
10.1. Disputes are considered in the Court of arbitration collectively, at the same time the number of the judges should be odd.10.2. In the absence of the agreement between the Parts about the number of the judges their number is three.
Entry 11. The matter consideration at the closed meeting
11.1. The matter consideration is carried out at the closed meeting. By approbation of the Parts during the matter consideration the other persons can be present.Entry 12. Measures on the suit security
12.1. On announcement of any of the Parts the Court of arbitration has a right to take security measures on the subject of the dispute.12.2. Taking of security measures is carried out in order, fixed by the current legislation of the Russian Federation.
12.3. Reference of the Part to the competent court before and during hearing of arbitration with request to take measures on the suit security and pronouncement by the competent court of the decision to take such measures on the suit security are not incompatible with the agreement of the dispute passing on the consideration by the Court of arbitration are not considered to be a disavowal of such an agreement.
Process in Court of arbitration
PART 2. COMPOSITION OF THE COURT. REJECTIONS
Entry 13. The Court of arbitration judges
13.1. A person included in the Court of arbitration list of judges in order, fixed by the Thesis about the Court of arbitration.Entry 14. Judges’ appointment
14.1. The matters in the Court of arbitration are considered by a judge individually.14.2. The formation of the composition of the Court of arbitration for each matter consideration is carried out by the chairman of the Court of arbitration by the arbitrator’s appointment from the list of the judges of the Court of arbitration.
14.3. The chairman of the Court of arbitration has a right to appoint a spare judge in case of the impossibility of the fulfilment of the duties by the earlier appointed judge.
14.4. About the formation of the composition of the Court of arbitration for each matter consideration the decision is made.
14.5. The copies of the decision about the formation of the composition of the Court of arbitration are sent to the persons, taking part in the matter.
Entry 15. Judges’ rejection
15.1. A person elected and appointed by the judge is obliged to report to the plaintiff, defendant and the Court of arbitration about any conditions, which can cause doubt in its candour during the dispute consideration. It also can declare a refusal to accept the mentioned condition.15.2. Each Part can declare a rejection to the judge (judges) in the presence of the conditions, which can shake trust in his (their) candour or independence.
15.3. A rejection can be declared as soon as the Part got to know about the conditions mentioned in the first item of this entry and before the decision on the matter pronouncement.
15.4. the question of a judge’s rejection (a refusal to accept) is settled by the whole composition of the court by a majority. In case of the satisfaction of a judge’s rejection (a refusal to accept) the new judge’s appointment is carried out in order, fixed by the Entry 14 of the present regulations, if a spare judge wasn’t appointed by the corresponding Part earlier.
Entry 16. Experts and interpreters’ rejections
16.1. The Part can declare a rejection to an expert and an interpreter before the judication.16.2. If the conditions proving a rejection became known to the Part later, a rejection to an expert and an interpreter can be declared before the pronouncement of the decision on the matter.
16.3. Experts and interpreters’ rejection is satisfied in the presence of the conditions and in order, fixed by the Entry 15 of the present regulations.
Entry 17. Cessation of judge’s powers
17.1. Judge’s powers are ceased under the agreement of the Parts, in consequence of the satisfaction of a rejection (a refusal to accept), and in case of the judge’s death.17.2. In case of the cessation of powers a new judge is appointed by the rules, fixed by the Entry 14 of the present regulations, if a spare judge wasn’t appointed by the corresponding Part earlier.
Entry 18. Changes in composition of the court
18.1. If one or several judges can’t participate in the matter consideration, the Part which appointed the judge is obliged to appoint a new judge taking into consideration the Entry 15 of the present regulations at a stated time, if a spare judge wasn’t appointed by the corresponding Part earlier.18.2. In case of the necessity and taking into consideration a plaintiff and defendant’s opinion the renewed composition of the court can consider anew the questions which were considered at the previous sittings on the matter, taking place before the replacement.
PART 3. PROVES
Entry 19. Proves
19.1. Proves on the matter are the facts and the information about them, received according to the demands of the present regulations and concerned with conditions, which are subject to the matter clarification.Entry 20. Proves’ estimation
20.1. Judges state the value of the proves according to their moral certainty on the basis of the law and presented proves.20.2. None of the proves has no predetermined force.
Entry 21. Duty of proves presentation to the court
21.1. Each Part should prove those conditions, which it refers to for the substantiation of its demands and objections.21.2. Judges have a right to demand the presentation of the additional proves on the matter from the Parts.
21.3. If the Part hasn’t presented a proof without good reason by request of the court, the court has a right to determine that information about the contained in it conditions, important for the matter, are accepted by the Part which haven’t presented an appropriate proof.
Entry 22. Means of substantiation
22.1. The court in oral consideration of the matter investigates original evidence, expert evidence, written and material evidence.22.2. When settling the matter on the basis of the written evidence the court has a right in case of need also to investigate the explanations of the Parts, original evidence and expert evidence.
Entry 23. Explanations of the Parts
23.1. The Parts have a right to give explanations ad litem on the conditions important for the matter.Entry 24. Testimonial evidence
24.1. Any person who knows the conditions concerning the matter can be a witness.24.2. The Parts summon the witnesses on their own or through the secretariat of the Court of arbitration for the participation in the matter consideration.
Entry 25. Setting of expert examination
25.1. For the question clarification demanding special knowledge the court can fix expert examination and demand the presentation of document necessary for its carrying out.25.2. Expert opinion is presented in written form.
25.3. If the Parts haven’t agreed about the other, the court has a right to appoint the experts. Experts’ candidatures can be elected taking into consideration The Parts’ opinions.
25.4. In case of need expert can be asked questions about his conclusion given in the court.
25.5. The Parts have a right to make an examination at their discretion and at their own expense, having presented the conclusion to the court for the consideration.
25.6. In case of need the court have a right to apply the rules of the present Entry item.
Entry 26. Written evidence
26.1. Written proof are the deeds, the documents, the letters, video and audio records, electronic data carriers, important for the matter, and received according to the demands of the law.26.2. Information on the electronic data carriers should be presented at the same time on the electronic data carrier and in written form.
Entry 27. Material evidence
27.1. Material evidence are the objects, which can serve as a means of the ascertainment of the conditions, important for the matter.PART 4. COSTS OF ARBITRATION
Entry 28. Costs of arbitration
28.1. Costs of arbitration are formed of the Court of arbitration costs and costs of the Parts, connected with the matter consideration.Entry 29. The Court of arbitration costs and costs, connected with the matter consideration
29.1. The composition, the measurements and the order of the reimbursement of the Court of arbitration costs and costs of the Parts are determined according to the Thesis about takings of arbitration, costs and costs of the Parts.PART 5. APPLICATION PRESENTATION
Entry 30. Transaction through representative
30.1. The Parts have a right to plead a case independently or through representative.30.2. Registration of the representative’s power is carried out according to the demands, establish by the legislation of Russia.
Entry 31. Filing of a claim
31.1. Execution of the deed is raised by the commencement of the writ to the Court of arbitration.31.2. In case of the commencement of the writ by the plaintiff, placed in Moscow, the writ is commenced to the executive secretary of the Court of arbitration on the day and office hours of UNIC at the premises of the Court of arbitration (Moscow). At the same time the date of the commencement of the writ is the date of its handing against a receipt to the executive secretary of the Court of arbitration.
31.3. At the commencement of the writ by the plaintiff, placed outside Moscow, the writ can be sent by mail by registered letter with the notification about the handing. At the same time the date of the commencement of the writ is the date of the entry of the writ to the Court of arbitration.
31.4. In case if the writ is commenced by the plaintiff concerning the defendant at the non-attainment of the agreement between the Parts about the passing of the dispute to the Court of arbitration (Entry 3 of the present Regulations), the executive secretary of the Court of arbitration simultaneously with the disclosure of information to the defendant about the judges appointed by the plaintiff, and the passing of the list of the judges, sends the special form of the agreement of arbitration to the defendant and the plaintiff.
31.5. If the defendant won’t return the signed form of the agreement of arbitration in time determined by the executive secretary of the Court of arbitration, it is considered that the Parts haven’t achieved the agreement of arbitration, and accordingly the handed writ is not subject to the consideration in the Court of arbitration. In that case the composition of the court is not formed. The executive secretary of the Court of arbitration returns to the plaintiff his writ and the attached documents.
Entry 32. Writ
32.1. the writ should contain:32.1.1. the date of the writ;
32.1.2. the names and the whereabouts of organizations which are the Parts of the trial; surnames, names, patronymic names, the dates and the places of birth, the places of residence and the places of employment of the businessman and the citizens who are the Parts of the trial of arbitration;
32.1.3. bank details of the Parts;
32.1.4. substantiation of the Court of arbitration competence;
32.1.5. suit price if it is subject to valuation;
32.1.6. plaintiff’s demands;
32.1.7. conditions on which the writ is based and the evidence confirming them;
32.1.8. legislation on the basis of which a claim is advanced;
32.1.9. the calculation of actional demands;
32.1.10. the list of the attached to the agreement documents.
32.2. To the writ are attached:
32.2.1. documents confirming the presence of arbitration reservation;
32.2.2. plaintiff’s constituent instruments;
32.2.3. copies of written evidence and other necessary for the matter settlement documents;
32.2.4. power of attorney or another document, certifying representative’s powers;
32.2.5. documents confirming the maintenance by the plaintiff of the preliminary pretentious order of dispute settlement if the necessity of such order compliance is established by obligatory for the Parts legal deeds or the agreement of the Parts;
32.2.6. documents confirming sending of the copies of the writ and documents attached to it, which the other persons, participating in the matter, don’t have, for the other persons, participating in the matter;
32.3. All documents listed in the present entry are sent to the Court of arbitration in four copies.
32.4. The plaintiff is obliged to send to the other persons, participating in the matter, the copies of the writ and documents attached to it, which they don’t have.
32.5. The suit price is determined:
32.5.1. in the suits about money levy – by levying sum;
32.5.2. in the suits about property demand – by the cost of this property;
32.5.3. In the suits consisting of several demands, the sum of each demand should be determined separately. The suit price is determined in this case by the sum total of demands.
32.5.4. If the plaintiff haven’t determined or determined wrong suit price, the court determines the suit price unsolicited or on demand of the defendant.
32.6. In the writ, given by the defendant, the plaintiff’s consent to the formation of the court should be included according to the procedure, determined by the entry 14 of the part 2 of the present regulations.
32.7. Having determined that the writ is handed in with the breach of demands, foreseen by the points 32.1., 32.2., 32.3. of the present regulations, including non-observance of pretentious order of the dispute settlement, the executive secretary of the Court of arbitration suggests the plaintiff to remove revealed drawbacks and determines the date for this. If the drawbacks won’t be removed by the time fixed, and the plaintiff insists on the matter consideration, the chairman of the Court of arbitration (the deputy chairman) passes the decision about the commencement of proceedings or about the cessation of proceedings.
32.8. If the drawbacks in the writ are removed by the time fixed by the executive secretary of the Court of arbitration, the date of presenting of the writ will be the date fixed in the entry 30 of the present regulations.
Entry 33. Application passing
33.1. The application is considered accepted, and an action brought on the day of the application passing by the executive secretary of the Court of arbitration.33.2. In the presence of the drawbacks in the application the executive secretary has a right to indicate to Part the necessity of their correction and set a term to the correction of the drawbacks.
33.3. In case of the drawbacks correction by the time fixed the application is considered handed in on the day of its original passing to the court.
33.4. In case of the drawbacks non-correction by the time fixed the executive secretary has a right to send the application to the plaintiff by mail.
33.5. The return of the writ in order, foreseen by the present entry, doesn’t prevent from the repeated address to the Court of arbitration with the same demand in the common order after the drawbacks correction which served as the basis for the return of the writ.
Entry 34. Response to plaintiff’s application
34.1. In time, not later than seven days since receiving of the writ the defendant is obliged to send the response to it to the secretariat of the Court of arbitration. The executive secretary in two-day time sends the copy of the response to the plaintiff.34.2. Non-presentation of the response to the writ can’t be considered the proof of the confession of action.
Entry 35. Counter-claim
35.1. Before the rendition proceedings of the original action the defendant has a right to declare the counter-claim.35.2. To the counter-claim the demands mentioned in the Entry 32 of the present regulations are made.
Entry 36. Signing of the agreement of lawsuit
36.1. At any stage of the procedure the court uses its opportunities to bringing of the Parts to signing of the agreement of lawsuit.36.2. The Parts have a right to sign the agreement of lawsuit before the rendition proceedings on the matter. The agreement of lawsuit is confirmed by the court in case if the agreement of lawsuit doesn’t contradict the laws and the other standard legal acts and doesn’t encroach and doesn’t affect the other persons legitimate interests.
36.3. According to the results of the matter consideration about the confirmation of the agreement of lawsuit, the Court of arbitration pronounces the decision.
PART 6. MATTER PREPARATION
Entry 37. Preparation of the matter investigation
37.1. The executive secretary of the Court of arbitration sets a term for the matter preparation (not more than 30 days). In case of need the term for the matter preparation can be prolonged to not more than 15 days.37.2. At the instance of the Parts. The executive secretary can fix the pre-trial conference of the Parts and the judges.
37.3. The pre-trial conference has exceptionally consultation-organizational character and is aimed at signing of the agreement of lawsuit. The time, spent by the the judges on the participation in such a conference, should be paid according to the Thesis about the court takings, charges and costs of the Parts.
Entry 38. Documents exchange
38.1. The Parts present to the court all the documents about the dispute, in number, necessary for each Part, but not less than 4 copies.38.2. The Parts are obliged to present the copies of the written evidence an the matter to the Court of arbitration in time, fixed in the first part of the first item of the entry 37 of the present regulations.
38.3. The executive secretary of the Court of arbitration is obliged to give to the Parts the copies of the expert evidence and of the other documents, obtain on demand by the court.
38.4. Documents sent from the Court of arbitration are considered received and in case if the addressee refused to accept them or refers to not receiving them in the presence of notification of the postal authorities about their delivery.
Entry 39. Notification of the Parts about the day of the dispute consideration
39.1. The Parts are informed about the time and the place of the sitting of the Court of arbitration with the expectation that each Part on the matter disposed of the time not less than 10 working days to prepare for the trial and arrival to the sitting.39.2. Under the agreement of the Parts terms fixed in the first item of the present entry and can be changed.
39.3. Notification about the sitting of the court is sent to the Parts in a letter, by teletype, telegraph or using the other communication facilities providing for fixing of such notification.
39.4. The Parts have a right to ask the court to choose a definite way of their notification.
Entry 40. Sending and delivery of the documents
40.1. The executive secretary of the Court of arbitration provides sending of all the suits on the matter to the Parts and the other persons.40.2. The writs, pleadings under claim, court decisions and judgements, as a rule, are given to the executive secretary of the Court of arbitration or to the secretariat of the Court of arbitration on receipt.
40.3. The writs, pleadings under claim, court decisions and judgements, sent to the Court of arbitration by the Parts, located or living in Moscow, as a rule, are handed over personally (on receipt). The same documents, sent to the Court of arbitration by the Part, located or living outside Moscow, are sent as a registered letter with notification about delivery.
Entry 41. Term of procedure
41.1. The Court of arbitration workers and judges take measures so that the procedure was finished in possibly short term.41.2. Determining the terms of the presentation of the documents necessary for the trial, and establishing other procedural terms and timing hearing of the case, staff and judges of the Court of arbitration should aspire to that on the disputes brought to the Court of arbitration the term of the trial didn’t exceed one month after the formation of the composition of the court.
41.3. The procedure in case of need can exceed the terms, fixed in the present entry, but as far as possible should be finished in not more than three-month term after the formation of the composition of the court.
PART 7. THE MATTER CONSIDERATION
Entry 42. The matter consideration procedure
42.1. The matter consideration procedure is determined by the court independently on the basis of the present regulations.42.2. Evidence investigation procedure is determined by the court taking into consideration opinions of the Parts.
42.3. The Parts have a right to ask the court of the matter consideration in their absence.
42.4. The court in the presence of the written evidence in the matter materials can take a decision about the matter consideration in the absence of the Parts.
Entry 43. Consequences of non-presentation of documents or non-appearance of the Parts
43.1. Non-presentation of the response to the application by the defendant, non-presentation of proves, requested from the Parts by the arbitration, non-appearance of the notified Parts or their representatives properly is not an obstacle to the dispute consideration, if the other is not fixed in the agreement of the Parts.43.2. If necessary the Court of arbitration according to the application of the Parts or unsolicited has a right to postpone the hearing to the term necessary for the elimination of conditions which served as a basis to postpone the hearing.
Entry 44. The journals
44.1. During the matter consideration in the court the clerk of the Court of arbitration hearing keeps minutes with the summary of the course of the hearing, if the Parts haven’t agreed about the other order of fixing of the hearing of arbitration.44.2. At the instance of the Parts their demands and announcements are subject to the inclusion in the minutes.
44.3. The Parts have a right to familiarize themselves with the minutes contents at any stage of the matter consideration. At their instance they can have a copy of the minutes after the decision rendition on the matter.
PART 8. DECISION RENDITION
Entry 45. Legislation, applied by the court during decision rendition on the matter
45.1. The court during decision rendition on the matter is guided by federal statute, legal acts of executive agencies of the Russian Federation, the other legislation, functioning on the territory of the Russian Federation, legislation of the subjects of the Russian Federation and other legal texts, international agreements and contracts.45.2. In case of the absence of legislation, regulating litigious legal relationship the court applies legislation, regulating similar relations (analogy of the law), and in its absence proceeds from the common principles and sense of legislation (analogy of the right) and demands of rationality and justice.
45.3. The court takes a decision according to contract conditions taking into consideration customs of business intercourse applicable to this contract.
Entry 46. Decision-making by the judge
46.1. Court decision is made just by a majority vote of all the judges at the closed meeting. A judge who doesn’t agree with the decision can state his opinion attached to the decision in written form.46.2. Simultaneously with decision-making the court has a right to send to UNIC the offers of legislation perfection and change, if the matter consideration showed such necessity.
Entry 47. Reasonable decision composition
47.1. The court announces the subsequent part of the decision on the day of finishing of the consideration.47.2. Reasonable decision should be composed not later than 10 days after announcement of the subsequent part. The copy of the decision is sent to the Parts.
47.3. The decision is considered made in full form on the day of sending to the Parts of its copies.
Entry 48. Form and contents of court decision
48.1. Decision is made in written form and is signed by all the judges.48.2. In the decision should be mentioned:
48.2.1. the date of its making, composition of the court and the order of its formation, the place of the matter consideration;
48.2.2. the names and the whereabouts of organizations which are the Parts of the trial of arbitration; the surnames, the names, patronymic names, dates and places of birth, places of residence and places of employment of businessmen and citizens who are the Parts of the trial of arbitration;
48.2.3. substantiation of the Court of arbitration competence;
48.2.4. data about representatives with mentioning of their powers;
48.2.5. the essence of the dispute, the application and the explanation of participating in the matter consideration persons;
48.2.6. conditions of the matter, fixed by the court, analysis of the proves, investigated in the court;
48.2.7. laws and other normative legal acts by which the court was guided during the decision-making;
48.2.8. contents of the made decision and distribution of the court takings, charges and costs of the Parts sums;
48.2.9. term and order of decision-making.
48.3. The court decision is subject to the appeal in order and on the basis, foreseen by the current legislation.
48.4. The Parts have a right to make a reservation that the decision of the Court of arbitration is final and is not subject of appeal.
Entry 49. Cessation of the procedure
49.1. The court passes the decision about cessation of the procedure if:49.1.1. the plaintiff dismissed the suit, if only the defendant doesn’t raise objections to the cessation of trial of arbitration because of the presence of legal interest in the dispute settlement to the point.
49.1.2. the Parts achieved the agreement about the cessation of trial of arbitration;
49.1.3. the Court of arbitration passes the decision about the absence of competence of the Court of arbitration to consider passed for its settlement dispute
49.1.4. the Court of arbitration made a decision to confirm the written agreement of lawsuit;
49.1.5. organization which is the Part of trial of arbitration is liquidated;
49.1.6. businessman or citizen, who is the Part of trial of arbitration, died or is announced dead or is considered missing;
49.1.7. there is consummated and accepted on the dispute by the Parts about the same subject and on the same basis of the court of common jurisdiction, arbitrage or the Court of arbitration.
49.2. The Court of arbitration passes the decision about cessation of the procedure.
Entry 50. Correction of arithmetic error and misprints in the decision. Decision explanation. Additional decision
50.1. During 10 days after receiving the copy of the court decision, any of the Parts, notifying the other Part independently or through the secretariat of the Court of arbitration, can ask the court:50.1.1. to correct introduced arithmetic error or misprint;
50.1.2. to give decision explanation, the whole or its part;
50.1.3. to pass the additional decision with respect to the demand, declared in the course or the trial, but not reflected in the decision.
50.2. The Court after receiving the request of the Part about procedure of any action, mentioned in the first item of the present entry, during 10 is obliged to accomplish the mentioned actions.
50.3. Evident misprints or artifacts in the text of the decision, not affecting the essence of the matter, and arithmetic errors in the text of the decision can be corrected by the Court decision at the instance of the Part or unsolicited by the court.
50.4. The additional decision about the correction of the decision is the constituent part of the expanded or corrected decision. the Parts are obliged to compensate some costs, connected with changes and additions of the decision.
Entry 51. Repeated matter consideration
51.1. In case of the return of the matter for the repeated consideration to the Court of arbitration composition of the court gathers in the original composition.Entry 52. Matters keeping
52.1. The considered matter in 5 day term after the decision passing in full form is sent to the secretariat of the Court of arbitration for keeping.52.2. If the matter consideration was held not in the place of the Court of arbitration, materials of the considered matter are sent to the Court of arbitration by mail or are given to the Court of arbitration in a different way, providing the confidentiality of the matter materials.
52.3. The court matters materials, finished by the procedure, are kept in the archive of the Court of arbitration in the conditions, excluding the access of the strangers to it. Familiarization with the mentioned materials is possible by authority of the chairman of the Court of arbitration and after the preliminary concordance with the Parts of the matter.
Entry 53. Publication of decisions
53.1. Publication in the periodical press or separate collections of made decisions is permited by authority of the chairman of the Court of arbitration.53.2. During the publication if such decisions it is necessary to provide the observance of commercial classified information, to look if the names of the and the buyer of the bargain, the titles of the securities, the prices were not mentioned, if the other is not allowed by the Parts of the considered matter. The chairman of the Court of arbitration can fail to admit to the publication of the other data.
PART 9. EXECUTION OF DECISION OF THE COURT OF ARBITRATION
Entry 54. The order of execution of decisions
54.1. The court decisions are executed by the Parts voluntarily in time fixed in the court decision. If the time for the execution is not fixed in the decision, it is subject to immediate execution after its making in full form.Entry 55. forced execution of decisions of the Court of arbitration
55.1. In case of non-execution by the defendant of the decision in the fixed term forced execution of of the court decision is executed in order fixed by the federal statute.55.2. If the decision, not executed voluntarily, is subject to the execution on the territory of the other State, it is executed according to the law and international agreements. Enclosure №1 to Regulations of the Court of arbitration attached to “Juridical research-and-development center”: The form of arbitration reservation Enclosure №2 to Regulations of the Court of arbitration attached to “Juridical research-and-development center”: The Thesis about takings of arbitration, charges and costs of the Parts