Enclosure №2 to Regulations of the Court of arbitration attached to Autonomous nonprofit organization “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 6 of November, 2003, proceeding №17 of the 25 of November, 2011, proceeding №31 of the 26 of January, 2015, proceeding № 35/A)

THE THESIS ABOUT TAKINGS OF ARBITRATION, CHARGES AND COSTS OF THE PARTS

Entry 1. Definitions used in the present Thesis

Takings of arbitration – the sum levied from each accepted to the consideration of the matter used for the reimbursement of costs connected with the Court of arbitration activity.

Charges of the Court of arbitration – special costs of the Court of arbitration which it bears in connection with the matter consideration (of making of the examination and documents translation in the language of the trial, sums subject to be paid to the experts and the witnesses, traveling allowance of the arbitrators etc.)

Costs of the Parts – costs which the Parts bear in connection with protection of their interests in the Court of arbitration (service payment of the representatives etc.)

Entry 2. Takings of arbitration

2.1. During the filing of the writ the plaintiff pays in the takings of arbitration in order and amount, fixed by the Court of arbitration.
2.2. Takings of arbitration are levied in rubles. If the suit demands are given in different currencies the takings of arbitration is also paid in rubles. Re-calculation of foreign currencies is made according to the rate of exchange of Central bank of the Russian Federation, which is in force at the bringing of the writ.
2.3. Arbitration charges for the claims of ownership is contributed in the amount of double rate of the state due charged for the claims of ownership proceedings which are in force at the moment of filing the claim (excluding VAT), but not less than 500 lower limit sizes of remuneration of labour established at the moment of filing the claim (excluding VAT).
2.4. Takings of arbitration are considered levied at the moment when the payment is entered in an corresponding settlement account of UNIC.
2.5. Cash means transferred in the context of takings of arbitration and which remained after the reimbursement of common costs, connected with the Court of arbitration activity, go to UNIC property and are subject to taxation in accordance with procedure established by the law.

Entry 3. Diminution and partial return of takings of arbitration

3.1. If the plaintiff recalled the suit before the first hearing, particularly, in consequence of the dispute settlement by the Parts, 50% of the paid in takings of arbitration are returned to the plaintiff.
3.2. If in accordance with the circumstances, fixed in the entry 2.1. of the Thesis, the matter consideration is finished in the first hearing of the Court of arbitration without decision-making, 25% of takings of arbitration are returned to the plaintiff.
3.3. The items of the entries 3.1. and 3.2. are not applied to the minimal takings of arbitration, constituting 150 lower limit sizes of remuneration of labour which is in force at the bringing of the writ.
3.4. In cases, foreseen by the entries 3.1. and 3.2., indication of the partial return of takings of arbitration should be reflected in the decision of the Court of arbitration. In case of the cessation of the procedure before the formation of the composition of the court the necessary documents about the return of takings of arbitration are validated by the executive secretary of the Court of arbitration.

Entry 4. Takings of arbitration in case of counter-claim

4.1. The same rules about takings of arbitration as to the original suit are applied to the counter-claim.

Entry 5. Distribution of takings of arbitration

5.1. Takings of arbitration is laid on the Part, against which the decision was made. If the suit demands are satisfied in corpore the levy of the whole of the paid in takings of arbitration from the defeated Part to the plaintiff is fixed in the Court of arbitration decision.
5.2. If the suit is satisfied partially, takings of arbitration are laid on the defendant pro rata the amount of satisfied suit demands and on the plaintiff – pro rata those part of the suit demands in which he is refuse.
5.3. The Parts can agree about the other than it is foreseen by the items of the entries 5.1. and 5.2. distribution of takings of arbitration. The contents of such agreement are included in the Court of arbitration decision.

Entry 6. Costs of the Court of arbitration

6.1. The costs of the Court of arbitration are paid by the Parts according to the rules of the present entry.
6.2. If at the instance of one of the Parts the translation of the documents and the translation in the course of the hearing of the Court of arbitration was accomplished, the costs of the translation are paid by that Part.
6.3. The Court of arbitration in its decision on the matter determines subject to payment of each of the Parts sum for the compensation of costs.
6.4. The costs of the Court of arbitration are calculated in rubles. If the Court of arbitration bore costs in foreign currency they are compensated in rubles according to the rate of exchange of Central bank of the Russian Federation, which is in force at the accomplishing of such costs.
6.5. The day of payment of expenses is determined according to the items of the entry 2.5. of the present Thesis.

Entry 7. Costs of the Parts

7.1. Each Part bears its costs, connected with defence of its interests in the Court of arbitration.

Entry 8. Exclusions

8.1. In the impressments from the rules fixed by the entries 6 and 7 of the present Thesis, the court can levy from one Part for the other Part borne by it excessive charges, caused by pointless unfair actions of the other Part. Such actions are particularly actions which caused unjustified by the conditions delay of the trial.

Entry 9. Alterations and additions.

9.1. Alterations and additions in the present Thesis are included by the UNIC Observation board.