INTERNATIONAL COMMITTEE FOR SETTLEMENT

OF NON-GOVERNMENTAL DISPUTES

INTERNATIONAL ARBITRAGE ICSNGD

 

International Arbitrage ICSNGD

Regulations of the standing arbitration court “International Arbitrage ICSNGD” of " The International Committee for Settlement of non-governmental Disputes”

I. GENERAL PROVISIONS

Clause 1. Legislation on arbitral legal proceedings
The order of legal proceedings of the standing arbitration court “International Arbitrage ICSNGD” of “International Committee for non-governmental Disputes and Settlement" (hereinafter referred to as the arbitration court) is defined by the present Regulations.

To the extent not agreed upon by the parties and not provided by the Rules of the permanent arbitration court, the Constitution of the United States, the Federal Arbitration ACT of Feb. 12, 1925, or the Uniform Arbitration Act of the Revised Code of Washington, arbitration rules shall be determined by the court.

Clause 2. Legislation applied by the arbitration court

The Arbitration court resolves disputes on the basis of the current legislation of the USA or at the choice of the parties, taking into account conditions of the contract on account of which the dispute had emerged.

Considering there are no legal regulations for settling disputable relations, the arbitration court can apply law or right analogy or usual business practice for the insurance of a fair, quick and final resolution of the dispute.

Clause 3. The competence of the arbitration court
The arbitration court resolves disputes stipulated by clause 1 of the Provisions of the arbitration court “International Arbitrage ICSNGD” of “International Committee for non-governmental Disputes and Settlement" (hereinafter referred to as Provisions).

Resolution of a dispute in the arbitration court is only possible by mutual consent of both parties expressed in the form of the agreement stipulated in clauses 4-5 of the Provisions.

In case synonyms borrowed from foreign languages or other synonyms are used instead of words “arbitration court” in the arbitration clause (agreement) of “International Committee for non-governmental Disputes and Settlement" the arbitration court has the right to accept the case for consideration.

The right of reference to the arbitration court belongs to residents and non-residents - legal persons, businessmen having no legal education and natural persons.

The question of competence of the arbitration court concerning a concrete case is settled by the bench members of the arbitration court considering the dispute. At that the arbitration clause which is a part of the contract, is treated as agreement independent from other conditions of the contract. Invalidity of the contract does not entail invalidity of the arbitration clause.

A party has the right to declare that the arbitration court has no competence to consider the dispute referred to its sanction before handing in the first application on the merits.
A party has the right to state excess of jurisdiction of the arbitration court if during the arbitration trial there arises a question consideration of which is not stipulated by the arbitration agreement or which cannot become the case at law in accordance with the federal law, the Uniform arbitration act of the Revised Code of Washington or the rules of the arbitration.

The arbitration court is obliged to consider the application that was made according to the present clause. The decision is adopted by results of consideration of the application.
If the arbitration court adopts the decision about having no competence to consider the dispute, the arbitration court cannot consider the dispute on the merits.

Clause 4. The arbitration court organization and activity
The arbitration court activity is carried out by its staff. The staff of the arbitration court consists of the Chairman, judges and the executive secretary.

Clause 5. Chairman of the arbitration court
Chairman of the standing arbitration court is the arbitration judge and is appointed Chairman of “International Committee for non-governmental Disputes and Settlement"/ Chairman of court is appointed for the lifetime of the arbitration court or for the period before reaching the age of 80. Chairman of the standing arbitration court can be relieved of the post on reaching the established age or on legal ground hindering discharge of duty by the judge.

The right to replace the Chairman belongs to the arbitration judges included into the list approved by the Chairman of “International Committee for non-governmental Disputes and Settlement" at the appointment of the Chairman of “International Committee for non-governmental Disputes and Settlement"”.

Clause 6. Arbitration judges
Arbitration judges included into the list should possess necessary knowledge in the field of relations serving as a subject of disputes within the jurisdiction of the arbitration court and meet the requirements stipulated by clause 8 of the Provisions.

Clause 7. Executive secretary
The Executive secretary of the arbitration court organizes and conducts the office-work connected with the arbitration court activity, and fulfills other functions stipulated by the Regulations in accordance with the job description of the executive secretary.

Clause 8. The arbitration court location and place of holding sessions
The arbitration court staff is located in Germany at 40211 St. Dusseldorf, Couvenstrasse, 4.

The location of the arbitration court’s territorial Boards is defined by heads of territorial representatives of “International Committee for non-governmental Disputes and Settlement".

Clause 9. Confidentiality of the arbitration
Arbitration judge has no right to disclose information acquired in the course of the trial without the consent of the parties or their assignees.

Clause 10. Language of the arbitration
The arbitration is conducted in the English language. If a party does not speak English and requests an interpreter, the arbitration court provides an interpreter at the party’s expenses.

A party giving documents and other papers in the language (languages) of the arbitration, provides their translation.

The arbitration court can demand that the parties should translate of documents and other papers into the language (languages) of the arbitration.

Clause 11. Term of dispute consideration by the arbitration court
The arbitration court takes measures concerning dispute consideration in the shortest possible time. Arbitration trial considering a concrete dispute should be completed by the time coordinated by the parties, and if the term is not coordinated by the parties, the arbitration trial should be completed within 3 weeks from the day of formation of court constitution or election of the individual judge.

The term of arbitration trial can be interrupted in case of examination setting or if there is a petition of a party demanding other evidential documents on the case. The adjourned term is resumed on the day the examination results or other evidential documents on the case are received.

Clause 12. Sending and presenting of documents
The executive secretary of the arbitration court ensures that all the documents on the case are sent to the parties. The documents are sent to the addresses indicated by the parties.

If the parties have not coordinated other order, the documents and other facts are sent to the last known location of the organization which is a party of the arbitration, or to the place of residence of the businessman or the citizen who is a party of the arbitration, by means of advice-of-receipt post or by other means providing fixation of delivery of the specified documents and facts. Documents and other facts are considered received on the day of delivery, even if the addressee is not located at this address or doesn’t live there.

Any of the stated documents can be consistently presented to the parties in person on receipt.

The documents sent by the arbitration court are considered delivered even in case if the addressee has refused to take them or hasn’t received them in spite of the notification of the postal authorities.

Clause 13. Arbitration charges
The parties bear costs connected with the settlement of dispute in the arbitration court. These costs include:
• fees of the arbitration judges;
• expenses incurred by the arbitration judges in connection with the participation in the arbitration, including travel expenses that were needed to get to the place of dispute consideration;
• sums due to be paid to experts and interpreters;
• expenses incurred by the arbitration judges in connection with the examination and research of written and material evidences at the place of their location;
• expenses incurred by witnesses;
• expenses to cover services of the representative by the party in favour of which the court decision was adopted;
• expenses to cover organizational, financial and other securing of the arbitration;
• other expenses defined by the arbitration court.

The parties of the arbitration independently bear the costs stated above.

The amount of the fee of the arbitration judges is defined by the Chairman of the arbitration court in view of the cost of action, complexity of dispute, time spent by the arbitration judges on the arbitration and any other relevant matters.

The arbitration court can decide not to collect the sum of the fee from the parties of the arbitration.

Expenses connected with dispute settlement in the arbitration court are distributed among the parties by the arbitration court in accordance with the arrangement, and at absence of those - to proportionally satisfied and rejected requirements

Expenses to cover services of the representative by the party in favor of which the court decision was made as well as other expenses connected with the arbitration, can by decision of the arbitration court be redirected to the other party if the demand of compensation of charges was stated in the course of the arbitration and satisfied by the arbitration court.

Distribution of expenses connected with dispute settlement in the arbitration court are indicated in the court decision.

Calculation and distribution of arbitration charges of the arbitration court are carried out in accordance with the present clause and the Regulations “About arbitration charges and expenses” which is a part of present Regulations.

II. PRINCIPLES OF THE ARBITRATION

Clause 14. Principles of the arbitration
Arbitration trial is carried out on the basis of principles of legality, confidentiality, independence and impartiality of arbitration judges, competitiveness and equality of the parties.

Clause 15. The principle of legality
The arbitration court resolves disputes on the basis of the Constitution of the USA, federal constitutional laws, federal laws, the legislation of the states at the choice of the parties of the arbitration agreement (the arbitration clause), the international Contracts, considering contract conditions on account of which the dispute had emerged. If the international contract of the USA establishes rules other than those stipulated by the law, the rules of the international contract are applied.

The arbitration court adopts a decision in accordance with contract conditions and in view of customs of a business intercourse.

If relations of the parties are not directly settled by legal regulations or the agreement of the parties, and there is no custom of business intercourse applicable to these relations, the arbitration court applies legal regulations adjusting similar relations, and at absence of such regulations resolves the dispute proceeding from general laws and other standard legal acts.

Clause 16. The principle of disposition
All persons concerned independently dispose of their subjective substantive and procedural laws. The claimant can at his own discretion file a claim in defense of the infringed right or refrain from doing it (the defendant has the right to counter-claim), to change the cause of action or the subject of action, to increase or reduce the size of the count, to release the claim, refrain from demanding actual satisfaction of decision which has been adopted in his favor, etc. The contending parties can conclude agreement of lawsuit.

Clause 17. Independence and impartiality of arbitration judges
Arbitration judges are independent and impartial while discharging their duties and should not be representatives of any of the parties. A person directly or indirectly interested in the outcome of the case can not be a judge.

No person can influence the decision of the arbitration judge during arbitration, and the judge himself cannot take the side of one of the parties during arbitration, completely denying other party’s line.

Clause 18. Equality of rights of the parties
The disputants have equal rights irrespective of any features or criteria.

Each party should have equal opportunities to state their claims and protect of their rights.

During the arbitration the parties have the tight to freely dispose of their substantive and procedural laws (renunciation of suit, confession of action, agreement of lawsuit, change of cause or subject of action, etc.).

The parties can conduct business in the arbitration court directly or through official representatives appointed by the parties at their own discretion.

Procedural equality consists in equality of opportunities of the parties while resolving a dispute within the limits of the procedure stipulated by the parties.

Clause 19. Adversary system of the arbitration
Each party is obliged to prove facts to which it refers to substantiate its claims or objections. The parties have the right to prove their case by representation of proofs, investigate the proofs presented by other persons, declare their opinion concerning case matters.

Clause 20. Arbitration court assistance in dispute settlement
The arbitration court assists in working-out the decision on the dispute by means of the parties’ agreement of lawsuit in every possible way, however excepting the possibility of the infringement by this agreement of any rights and interests of other persons.

Clause 21. Obligatory nature of the arbitration court decision
If in the arbitration agreement it is not stipulated that the arbitration court decision is considered to be final, the arbitration court decision can be called in question by a participating party by means of putting in an application about the reverse of judgment to a competent national court within three months from the day of receiving the arbitration court decision by the party which had put in the application.

If in the arbitration agreement it is stipulated that the arbitration court decision is considered to be final, but a participating party has reasons to doubt the decision’s impartiality, it has the right to appeal to a proper panel of judges with the application and state the arguments and proofs making the doubts about the fairness of the arbitration court decision sound reasonable.

Clause 22. Voluntariness of satisfaction of the arbitration court decision
The arbitration court decision should be satisfied voluntary.

III. ARBITRATION TRIAL

Clause 23. Filing a claim
Arbitral proceedings are commenced when filing a claim. The writ without the submission agreement is not accepted.

The interested party states its claims in form of a writ which is sent to the arbitration court.
A copy of the writ should be sent to the defendant by the claimant or delivered to him through the arbitration court.

The date of writ submission is considered to be the day of handing it over to the arbitration court, and if the writ is sent by post – it is the date indicated by the postal authorities’ stamp of the point of sending.

Clause 24. Content of writ
In the writ the following points should be specified:
1) date of the writ;
2) names and locations of organizations which are the parties of the arbitration; last names, names, dates and places of birth, places of residence and places of employment of businessmen and citizens who are the parties of the arbitration;
3) substantiation of the arbitration court competence;
4) plaintiff’s claims;
5) facts on which the claimant bases his claims;
6) proofs confirming the grounds for the claims;
7) cost of action;
8) list of documents and other facts enclosed to the writ.

Clause 25. Cost of action
The claimant is obliged to state the cost of action in his writ also in the event that his claims or part of his claims are not liable to pecuniary valuation. Cost of action is defined:
• In money recovery suits – by the sum to be collected;
• In suits of property demand – by the cost of demanded property.

In suits consisting of several claims the sum of each claim is to be defined separately; the cost of action is defined by a total sum of all the claims.

If the claimant hasn’t defined or has incorrectly defined the cost of action, the arbitration court (on its own initiative or upon the defendant’s request) defines the cost of action on basis of available data.

Clause 26. Elimination of writ defects
Having established that the claim is filed without observance of requests stated in clause 24 of the present Regulations, the executive secretary of the arbitration court suggests the claimant should eliminate the discovered defects.

The term of defects elimination should not exceed one month from the day of the reception of the specified suggestion. If the defects are eliminated in the specified time, the date of filing the claim is considered to be the day stipulated by the last paragraph of clause 23 of the present Regulations. Until the defects stated above are not eliminated, the consideration of the case doesn’t move on.

Clause 27. The consequences of failing to present documents and other facts or appear in the court
If the parties or their representatives who were in the proper way instructed of the time and place of the sitting of the court fail to present documents and other papers or appear in the court, it is not considered an impediment for the arbitration and decision-making by the arbitration court unless the reason of failing to present documents and other papers or appear in the court is found inadequate.

The fact that the defendant doesn’t raise any objections against the action cannot be considered recognition of the plaintiff’s claims.

Clause 28. Notification of the defendant and election of the judge
At receiving the writ the executive secretary of the arbitration court informs the defendant and sends him the list of judges as well as copies of the writ if they hasn’t been sent to him by the claimant.

Simultaneously the executive secretary suggests that the defendant should present his written explanations supported by proper proofs within two weeks after receiving the copy of the writ.

Within the same time the defendant should inform of the name and last name of the judge that he has chosen from the list of judges. If the defendant evades choosing the arbitration judge, the arbitration judge is appointed by the Chairman of the standing arbitration court “International Arbitrage” of “International Committee for non-governmental Disputes and Settlement".

Clause 29. Formation of the constitution of the arbitration court
The arbitration court consists of three judges if the parties have not agreed otherwise. Each party elects one judge, and the two elected judges appoint the third one who becomes Chairman of the constitution of the arbitration court.

In case the judges elected by the parties do not come to an agreement concerning the choice of the Chairman of the constitution of the arbitration court, the Chairman of the standing arbitration court “International Arbitrage” of “International Committee for non-governmental Disputes and Settlement" appoints the Chairman of the constitution on his own.

Chairman of the constitution of the arbitration court should have higher legal education.

Clause 30. Election of the individual judge
Under the agreement of the parties the case can be considered individually by the judge who is elected from the list of judges by mutual agreement of the parties. The judge resolving the dispute individually should have higher legal education.

Clause 31. Preparation of pre-trial
Bench members of the arbitration court examine the state of pre-trial preparation and, finding it necessary, take additional measures on case preparation, in particular, obtain on demand the parties’ written explanations, proofs and other additional documents. If the arbitration court takes additional measures on case preparation, it should set terms within the limits of which these additional requests should be fulfilled.

Chairman of the constitution of the arbitration court can give separate commissions connected with the preparation and carrying out of the pre-trial to the executive secretary of the arbitration court. He also charges him with summoning the parties to the sitting.

Clause 32. The authority of the arbitration court to make arrangements about taking additional measures
If the parties have not agreed otherwise, the arbitration court can under the request of any of the parties make arrangements about taking such additional measures by one of the parties that it considers necessary.

The arbitration court can demand that any party ensures appropriate provisions in connection with such measures.

The reference of a party to a competent court with the application about action security and taking security measures by the competent court cannot be considered incompatible with the submission agreement or a rejection of such agreement.

The application about security of the action considered in the arbitration court is put in by a party to a competent national court at the place of arbitration or the place of the location of property concerning which security measures can be taken.

The application about action security comes with the proofs of filing a claim to the arbitration court, the decision of the arbitration court to take security measures as well as proofs of having paid the state tax in the order and size fixed by the federal law.

Consideration by the competent court of the application about security of the action considered by the arbitration court as well as decision-making about action security is carried out in the order fixed by the arbitration remedial or civil remedial legislation of the Russian Federation.

The decision about security of action considered in the arbitration court can be cancelled by the competent court which has adopted this decision on application of one of the parties. The decision of the arbitration court not to satisfy the claim is the basis for cancelling security measures by the competent court.

Clause 33. Notice of hearing
The parties are notified on the time and place of holding the session by notices which are to be sent to them no less than 10 calendar days before the date of court sitting. The order of notification is defined in accordance with clause 12 of the present Regulations. Under the agreement of the parties this term can be changed.

Clause 34. Challenge of a judge, an expert
Each party has the right to take exception to a judge, Chairman of the constitution of the arbitration court if there exist facts giving rise to actual doubt concerning their impartiality or independence, in particular, if there proofs that they are personally, directly or indirectly interested in the outcome of the case (clause 8 of the Provisions). The parties also have the right to except in case the judge doesn’t possess the qualification conditioned by the agreement of the parties.

The written application of a party about the challenge, containing its reasons, has to be put in within 5 days after the party has learned about the formation of the constitution of the arbitration court or after the party has learned about the facts which might serve as the basis for challenge. Application on challenge that wasn’t put in within the specified time is considered only in case if the reason for holding up the application is declared valid.

If the arbitration judge being challenged doesn’t recuse himself or if the other party doesn’t agree with the challenge of the arbitration judge, the question of the challenge of the arbitration judge is dealt by other arbitration judges included to the constitution of the arbitration court within 10 days after the written application of the party about the challenge has been put in.

The question of the challenge of the arbitration judge resolving the dispute individually is dealt by this arbitration judge.

On the grounds specified in the first paragraph of the present clause the experts taking part in the trial can be challenged. In this case the question about the challenge is dealt by the constitution of the arbitration court or by the judge individually if the case is being considered by him individually.

Clause 35. Termination of powers of arbitration judge
The powers of arbitration judge can be terminated under the agreement of the parties in connection with the arbitration judge’s rejection of his nomination or the challenge of the arbitration judge on grounds stipulated by clause 34 of the present Regulations, as well as in case of death of the arbitration judge.

The powers of the arbitration judge are terminated after adopting the decision on a concrete case. If it is necessary to adopt additional decision, clarify the decision or correct errors, misprints, arithmetic errors the powers of the arbitration judge are resumed and then terminated after the stated proceedings are completed.

The grounds for termination of powers of the arbitration judge under the agreement of the parties as well as for the arbitration judge’s rejection of his nomination are considered to be juridical or actual incapacity of the arbitration judge to take part in dispute consideration, other reasons preventing the judge from taking part in dispute consideration within an unwarrantably long period of time.

Clause 36. Replacement of an arbitration judge
In case the powers of an arbitration judge are terminated, another arbitration judge is elected (appointed) in accordance with the rules which have been implemented when electing (appointing) the arbitration judge being replaced.

Clause 37. Participation of the parties in the arbitration court sitting
Each party should have equal opportunities to state its position and protect its rights and interests.

If the parties have not agreed otherwise, the arbitration is carried out in the arbitration court sitting with the participation of the parties or their representatives appointed by the parties at lib. Representatives are registered in accordance with the order fixed by current legislation.
The parties should receive the notification on time and place of the arbitration court sitting in advance. The specified notification is sent and presented in the order stipulated by clauses 21 and 31 of the present Regulations.

If the parties have not agreed otherwise, the copies of all documents and other papers as well as other information presented to the arbitration court by one of the parties should be sent to the other party by the arbitration court. Expert’s reports on which the decision of the arbitration court is based should be sent to the parties by the arbitration court.
If the parties have not agreed otherwise, the constitution of the arbitration court considers the case in private session.

Default of a party which has been in the proper way informed of the time and place of the arbitration court sitting as well as the failure of the defendant to present a testimonial on the writ, do not hinder case consideration unless the absent party hasn’t demanded postponement of the case for valid reasons. A party can ask to consider the case at its absence.

Clause 38. Settlement of dispute by means of concluding agreement of lawsuit.
At any stage of arbitration trial the arbitration judges and parties use available opportunities for settlement of the dispute by means of concluding agreement of lawsuit. Agreement of lawsuit is affirmed by the arbitration court decision which has to meet the conditions of the agreement of lawsuit. At that the agreement of lawsuit shouldn’t contradict current legislation.
In case the parties have concluded agreement of lawsuit which has been affirmed by the arbitration court, the arbitration is terminated by the arbitration court decision.

Clause 39. Disposition of case on the basis of written records
Under the agreement of the parties the dispute can be settled without holding oral hearing on the basis of the presented written papers.

If the presented papers turn out to be insufficient for dispute settlement, the arbitration court can appoint oral hearing on the case.

Clause 40. Counter-claim and offsetting of claim
The defendant has the right to counter-claim on condition that there exists mutual connection between the counter-claim and the plaintiff’s claim as well as on condition that the counter-claim can be considered by the arbitration court in accordance with the arbitration agreement.

Counter-claim can be advanced during arbitration trial before the arbitration court has adopted the decision if another term for advancing counter-claim has not been stipulated by the parties.

Counter-claim should meet the writ requirements stated in clause 24 of the present Regulations.

In case the counter-claim is advanced in the absence of the other party, on receiving it the executive secretary of the arbitration court notifies the defendant about it and sends him a copy of the writ if it hasn’t been sent to him by the claimant.

Simultaneously the executive secretary suggests that the defendant should within 2 weeks after receiving the copy of the cross-application present his written explanations supported by proper proofs.

In case the counter-claim is advanced in the presence of the other party, the defendant should within 2 weeks after receiving the copy of the cross-application present his written explanations supported by proper proofs.

If the parties have not agreed otherwise, the defendant has the right (in accordance with the civil legislation of the Russian Federation) to demand offsetting of claim with observance of requirements, similar themes which are implemented for counter-claiming.

Clause 41. Proofs
The parties should present written proofs in original or in form of exemplifications.
Constitution of the arbitration court can demand that the parties present other proofs. It also has the right, at its own discretion, to set examination and demand proof presentation by a third party as well as to call and hear witnesses.

Examination of proofs is carried out in a way fixed by the constitution of the arbitration court.
Evaluation of proofs is carried out by the judges through their moral certainty.

Failing to present proper proofs doesn’t hinder the arbitration court from proceeding with the trial and adopting decision on the basis of available proofs.

Clause 42. Setting and making examination
If the parties have not agreed otherwise, the arbitration court can set and make examination to clarify questions arising during dispute settlement and demanding special knowledge, and request that a party should present documents, other papers or objects needed for the examination.

If the parties have not agreed otherwise, the arbitration court can appoint one or several experts.

If the parties have not agreed otherwise, the candidature of the expert as well as questions to be clarified while making examination are defined by the arbitration court taking into consideration the parties’ opinion.

If the parties have not agreed otherwise, the arbitration court distributes the expenses incurred while making examination in accordance with clause 13 of the present Regulations.
Expert’s report is presented in written form.

If the parties have not agreed otherwise, the expert (on condition that it is requested by any of the parties or the arbitration court finds it necessary) should after presenting the expert’s report take part in the arbitration court sitting, during which the parties are given the opportunity to ask questions connected with examination making and the expert’s report to the expert.

Clause 43. Transfer of the trial and termination of arbitration
If necessary, on application of the parties or the arbitration court’s initiative, case consideration can be transferred or terminated, which is stated in the adopted decision.

Clause 44. Termination of arbitration
The arbitration court adopts the decision on termination of arbitration trial in case if:
1. The plaintiff refuses his claims, unless the defendant states objections against termination of arbitration because of his having legal interest in the resolution of the case;
2. The parties have reached agreement on termination of the arbitration;
3. The arbitration court has adopted the decision of having no competence for the consideration of the submitted dispute;
4. The arbitration court has adopted the decision of concluding written agreement of lawsuit;
5. The organization which is a party of the arbitration is liquidated;
6. The businessman or the citizen who is a party of the arbitration has died or is declared dead or untraceable.
7. There is a judgment of a general or arbitration court about the dispute between the same parties and on the same subject that has come into effect.

Copies of the decision are sent to persons concerned.

Clause 45. Decision of the arbitration court
Concerning questions not related to the dispute the arbitration court adopts a decision.

Clause 46. Records of the arbitration court sitting
If the parties have not agreed otherwise, during the arbitration trial records are kept.

Records should contain: name of the arbitration court, case number, place and date of holding the session, names of contending parties and their representatives, information about participation of the parties, names and last names of the judges, witnesses and other participants of the sitting, brief account of course of the sitting, claims of the parties and other important statements of the parties, testimony of witnesses, indication of the reasons for postponement or termination of the arbitration, signatures of the judges.

The parties have the right to examine the content of the records. Under their request changes and additions can be put in the records. The parties can also have copies of the records.

IV. DECISION OF THE ARBITRATION COURT

Clause 47. Obligatory nature of the arbitration court decision
The parties which have concluded arbitration agreement take the responsibility to voluntary satisfy the decision of the arbitration court. The parties and the arbitration court make efforts for the arbitration court decision to be legally realizable.

Clause 48. Decision-making of the arbitration court
Having researched the facts of the case the arbitration court adopts a decision by a majority of arbitration judges included into the constitution of the arbitration court.

The decision is announced during arbitration court sitting. The arbitration court has the right to announce the operative part of the decision only. In this case, if the parties have not coordinated the term of sending the decision, the motivated decision should be sent to the parties within 15 days after the operative part of the decision was announced.

The arbitration court has the right, if finding it necessary, to postpone adopting decision and summon the parties for additional sitting on condition the provisions of clauses 12 and 31 of the present Regulations are observed.


On petition of the parties the arbitration court adopts the decision on concluding agreement of lawsuit if the agreement of lawsuit doesn’t contradict the laws and other enactments and doesn’t violate the rights and legal interests of other persons. Contents of the agreement of lawsuit are stated in the decision of the arbitration court.

Decision of the arbitration court is considered adopted at the place of arbitration trial and on the day it was signed by the arbitration judges included into the constitution of the arbitration court.

Clause 49. Form and contents of the arbitration court decision
Decision of the arbitration court is stated in written form and signed by the arbitration judges included into the constitution of the arbitration court, including the judges having a special opinion. Special opinion of an arbitration judge is attached to the decision of the arbitration court. If the arbitration trial was carried out collectively the decision can be signed by a majority of judges included into the constitution of the arbitration court on condition that valid reasons of absence of other arbitration judges’ signatures are indicated.

In the judgment of the arbitration court the following points should be specified:
1) date of adopting the decision, defined in accordance with paragraph 4 of clause 32 of the Federal law “About arbitration courts in the USA”;
2) place of the arbitration trial, defined in accordance with clause 20 of the Federal law “About arbitration courts in the USA”;
3) constitution of the arbitration court and the order if its formation;
4) names and locations of organizations which are the parties of the arbitration trial; last names, names, dates and places of birth, places of residence and places of work of businessmen and citizens who are the parties of the arbitration trial;
5) substantiation of competence of the arbitration court;
6) plaintiff’s claims and objections of the defendant, petitions of the parties;
7) facts of the case established by the arbitration court, proofs on the basis of which the arbitration court has adopted the decision.

The operative part of the decision should contain conclusions of the arbitration court about satisfaction or rejection of the claim. In the operative part the sum of expenses connected with the dispute settlement in the arbitration court, distribution of the specified expenses among the parties, and if needed – the term and order of satisfaction of decision are stated.

After the decision is adopted, each party should receive a copy of the decision made in accordance with the requirements of the present clause.

Clause 50. Complementary decision
If the parties have not agreed otherwise, any of the parties can (having informed the other party) within 10 days after receiving the decision of the arbitration court go to the same court with the application on adopting complementary decision in relation to the claims which had been stated during the arbitration trial but weren’t reflected in the decision. The specified application should within 10 days after its reception be considered by the constitution of the arbitration court which has resolved the dispute.

By results of the consideration of the corresponding application the arbitration court either announces complementary decision which is a constituent part of the decision of the arbitration court, or adopts a decision on rejection of the application.

Clause 51. Clarification of decision
If the parties have not agreed otherwise, any of the parties can (having informed the other party) within 10 days after receiving the decision of the arbitration court go to the same court with the application on clarification of decision. The specified application should be considered by the arbitration court that has resolved the dispute within 10 days after its reception.

The arbitration court has the right to clarify its decision without changing its contents.

By results of the consideration of the corresponding application the arbitration court either adopts the decision on clarification of decision, which is a constituent part of the decision of the arbitration court, or adopts a decision on refusal to clarify.

Clause 52. Correction of slips of pen, misprints, arithmetic errors
The arbitration court has the right under the application of any of the parties or on its own initiative to correct slips of pen, misprints, arithmetic errors introduced.

The arbitration court adopts a decision about correction of slips of pen, misprints, arithmetic errors which is a constituent part of the decision of the arbitration court.

Clause 53. Storage of decisions
The case considered in the standing arbitration court is stored for five years from the date of adopting the decision.

V. IMPUGNMENT OF THE DECISION OF THE ARBITRATION COURT

Clause 54. Impugnment of the arbitration court decision to a competent court
If in the arbitration agreement it is not stipulated that the decision of the arbitration court is to be considered final, the decision of the arbitration court can be disputed by a participating party by means of putting in an application on disaffirmation of decision to a competent court within three months from the day on which the party putting in a claim had received the decision of the arbitration court.

Clause 55. The order of impugnment of the arbitration court decision
The order of impugnment of the arbitration court decision to a competent court, consideration of the application on disaffirmation of the arbitration court decision by a competent court as well as adoption of decision on satisfaction or rejection of the application are defined by arbitral remedial or civil remedial legislation of the USA.

Clause 56. Grounds for disaffirmation of the arbitration court decision
Decision of the arbitration court can be disaffirmed by a competent court only in cases if:
1) The party which has put in the application on disaffirmation of the arbitration court judgment presents proofs that:
• the arbitration court decision is invalid on grounds stipulated by the Federal law “About arbitration courts in the USA” or other federal laws;
• the arbitration court decision was adopted on account of a dispute not stipulated by the arbitration agreement or not meeting its conditions, or contains resolutions on matters not concerning the arbitration agreement. If the resolutions of the arbitration court on matters that are included into the arbitration agreement can be separated from the resolutions on matters that are not included into the arbitration agreement, the only part that can be disaffirmed is the part of the arbitration court decision that contains resolutions on matters not included into the arbitration agreement.
• constitution of the arbitration court or arbitration trial didn’t correspond to the provisions of clauses 8, 10, 11 or 19 of the Federal law “About arbitration courts in the USA”;
• the party against which the arbitration court decision was adopted wasn’t in the proper way informed of the election (appointment) of arbitration judges or of the time and place of the arbitration court sitting or because of other reasons couldn’t present its explanations to the arbitration court.

2) A competent court ascertains that:
• the dispute considered by the arbitration court cannot be case at law of the arbitration court in accordance with the federal law;
• the arbitration court decision contradicts basic law principles.

Clause 57. Consequences of disaffirmation of the arbitration court decision
If the decision of the arbitration court is disaffirmed by a competent state court, any of the parties has the right to go to the arbitration court. However, in case the arbitration court decision is completely or partially disaffirmed owing to the invalidity of the arbitration agreement or because it is adopted on a dispute not stipulated by the arbitration agreement or not meeting its conditions, or contains resolutions on matters not included to the arbitration agreement, the corresponding dispute is not subject to further consideration.

VI. SATISFACTION OF THE DECISION OF THE ARBITRATION COURT

Clause 58. Satisfaction of the decision of the arbitration court
The arbitration court decision is satisfied voluntary in the order and time fixed in this decision.
If the term is not fixed in the decision, it is subject to immediate satisfaction.

Clause 59. Compulsory satisfaction of the decision of the arbitration court
If the arbitration court decision is not satisfied voluntary within the fixed time, it is subject to compulsory satisfaction. Compulsory satisfaction of the arbitration court decision is carried out in accordance with the rules of executory process operating at the time of satisfaction of the arbitration court decision on basis of the receiving order on compulsory satisfaction of the arbitration court decision (hereinafter referred to as “receiving order”) given out by a competent court.

Application on giving out receiving order is put in to a competent state court by the party in favour of which the decision was adopted.

The following documents are to be attached to the receiving order:
1) original or a copy of the arbitration court decision. Copy of decision of the standing arbitration court is attested by the Chairman of the arbitration court, copy of decision of the arbitration court for settlement of a concrete dispute is to be notarized;
2) original or a copy of arbitration agreement concluded in accordance with the provisions of clause 7 of the Federal law “About arbitration courts in the USA”;
3) documents confirming that state costs in the order and amount fixed by the federal law have been paid.

Application on giving out receiving order can be put in within three years from the day of expiration of the term for voluntary satisfaction of the arbitration court decision.

Application on giving out receiving order which was put in with laches or wasn’t supported by necessary documents is returned by the competent court without consideration which fact is indicated in the adopted decision that can be appealed in the order fixed by the arbitration remedial or civil remedial legislation of the USA.

Competent state court has the right to restore the term of putting in the application on giving out receiving order if it finds the reasons of laches to be valid.

Application on giving out receiving order is considered by the judge of the competent state court individually within one month from the day of receiving the application to the competent court. The parties are informed of the time and place of consideration of the specified application, but default of one or both parties is not considered hindrance to consideration of the application.

By results of consideration of the application on giving out receiving order, competent state court adopts a decision on giving out receiving order or on refusal to give out receiving order.
Decision of the competent court on giving out receiving order is subject to immediate satisfaction.

Decision of the competent court on giving out receiving order or refusal to give out receiving order can be appealed in the order fixed by the arbitration remedial or civil remedial legislation of the USA.

Clause 60. Grounds for refusal to give out receiving order
At considering the application on giving out receiving order, a competent court doesn’t have the right to research the facts established by the arbitration court or reconsider the disposition decision of the arbitration court.

Competent court adopts the decision on refusal to give out receiving order in cases if:
1) The party against which the arbitration court decision was adopted presents proofs to the competent court that:
• the arbitration trial is invalid, particularly in accordance with provisions of clause 7 of the Federal law “About arbitration courts in the USA”;
• the arbitration court decision was adopted on account of a dispute, not stipulated by the arbitration agreement or not meeting its conditions, or contains resolutions on matters not concerning the arbitration agreement. If the resolutions of the arbitration court on matters that are included into the arbitration agreement can be separated from the resolutions on matters that are not included into the arbitration agreement, giving out of receiving order on compulsory satisfaction of the part of the arbitration court decision that contains resolutions on matters included to the arbitration agreement cannot be denied.
• constitution of the arbitration court or the arbitration trial didn’t correspond to requests of clauses 8, 10, 11 or 19 of the Federal law “About arbitration courts in the USA”.
• the party against which the arbitration court decision was adopted wasn’t in the proper way informed of the election (appointment) of arbitration judges or of the time and place of the arbitration court sitting or because of other reasons couldn’t present its explanations to the arbitration court;

2) A competent court ascertains that the dispute considered by the arbitration court cannot be case at law of the arbitration court in accordance with the federal law;
If the competent court adopts a decision on refusal to give out receiving order, the parties have the right in accordance with the arbitration agreement to go to the arbitration court or to a competent court observing the rules of jurisdiction and cognizance excepting the cases when the decision of the arbitration court is completely or partially disaffirmed because of invalidity of the arbitration court decision or because it was adopted on account of a dispute not stipulated by the arbitration agreement or not meeting its conditions, or contains resolutions on matters not included to the arbitration agreement. In the specified cases the corresponding dispute is not subject to further consideration in the arbitration court.