Standing arbitration court is structural division of “International Committee for Settlement of non-governmental Disputes". The Arbitration court of “International Committee for Settlement of non-governmental Disputes" (hereinafter referred to as the arbitration court) is a standing arbitration court that resolves disputes arising out of civil relations.
Standing arbitration court of “International Committee for Settlement of non-governmental Disputes" is active throughout the territory of the USA and outside its borders.
Arbitration trial provides:
- protection of rights and interests of judical bodies, businessmen without juridical status, physical bodies;
- swiftness and economy of the procedure of dispute resolution;
- preservation and further consolidation of business and partner relations between contending parties despite their disagreements.
The right of access to the arbitration court belongs to judical bodies, businessmen without juridical status registered on the territory of the USA or in a foreign state in accordance with established procedure, as well as to physical bodies - citizens of the USA, foreign citizens and persons without citizenship.
The arbitration court has the competence to consider civil disputes with participation of the judical bodies registered on the territory of the USA, American citizens, judical bodies registered on the territory of foreign states, and physical bodies - citizens of foreign states, persons without citizenship.
Submission can concern a concrete dispute, certain categories of disputes or all disputes without exception, which have arisen or can arise between the parties and are within the jurisdiction of the given arbitration court.
The persons who have agreed on submission do not have the right to refuse it before the expiry date provided in the agreement.
The agreement should contain:
- names of contending parties and their addresses;
- essence of dispute;
- panel of the chosen judges and period of their appointment (at that it is not obligatory for these arbitration judges to be included into the list of judges of the standing arbitration court);
- obligations of voluntary satisfaction of judgment;
- place of adjudication;
- the necessity of holding the session with participation of the parties (their representatives) or without their participation;
- the country which legal regulations should guide the arbitration court;
- period of consideration of case and satisfaction of decision;
- the language to be applied while resolving the dispute;
- expenses connected with the legal investigation, etc.;
- place of drawing up the contract;
- date of drawing up of the contract;
- signatures of the parties.
Agreement on submission of the existing or probable dispute to the arbitration court is registered by means of including the compromise clause into the contract (the arbitration clause). The contract can also be concluded via letter exchange, teletype messages, telegraph or using other communication facilities providing fixation of such agreement.
Agreement on submission of dispute included into the contract to the arbitration court is also validated if the contract is declared invalid by the arbitration court during arbitration trial.
For access to the arbitration court it is not required to observe the preliminary order of dispute settlement by the parties.
The parties can conduct business directly or through representatives chosen at their own discretion. The powers of representatives are registered in accordance with the order established by current legislation.
Arbitration judges can be physical bodies possessing necessary knowledge for the qualified resolution of disputes ascribed to the competence of the arbitration court. These persons are recruited at the parties’ option for settlement of a concrete dispute. The number of arbitration judges should be odd.
If the parties have not agreed otherwise, three arbitration judges are elected (appointed) for settlement of the dispute. Chairman of the bench at joint sessions of the arbitration court can only be a person with higher legal education.
The dispute can be resolved by the judge individually. The arbitration judge considering dispute individually should have higher legal education.
The arbitration judge should provide impartial resolution of dispute, be neither directly nor indirectly interested in the outcome of the case, be independent of the parties. The arbitration judge should give his consent to discharge the duties of an arbitration judge.
Chairman of “International Committee for Settlement of non-governmental Disputes" approves the list of arbitration judges from which the contending parties can select judges for the resolution of dispute.
Arbitration judges cannot be:
- persons not possessing full capability;
- persons in trusteeship or guardianship;
- persons having previous convictions or criminally liable;
- persons whose powers as a judge of the general jurisdiction court or arbitration court, a lawyer, an attorney, a notary, an investigator, a public prosecutor or other worker of law machinery have been lawfully terminated for offences incompatible with their professional work;
- persons who cannot be selected (appointed) arbitration judges in accordance with their official status defined by the federal law.
Change of judges before the termination of legal investigation is prohibited, except for the cases stipulated in the Regulations. A party has the right to take exception to a judge on condition that it can prove that some of the judges are either directly or indirectly interested in the outcome of the case, cannot be impartial while resolving the dispute, are dependent on another party. The excepting party must also prove that they weren’t aware of these circumstances while concluding the agreement.
Chairman of the arbitration court is affirmed by the Chairman of “International Committee for Settlement of non-governmental Disputes" from the list of arbitration judges. One of the arbitration judges officially fulfills the duties of the Chairman during his absence.
Arbitration court settling a concrete dispute is formed by one, three or more judges. Formation of the constitution of the arbitration court as well as election of an individual judge by the parties is carried out in accordance with the Regulations of the arbitration court.
Arbitration court is not constrained by the rules of civil and arbitration legal proceedings. However, it should be guided by rules of court stated in the present Provisions, the Regulations of the standing arbitration court of “International Committee for Settlement of non-governmental Disputes" and Regulations about arbitration charges and expenses of the arbitration court of “International Committee for Settlement of non-governmental Disputes".
The court cannot solve cases not having listened to the explanations of the parties, except for the cases when a party has evaded court attendance to offer explanations, or has itself declared consideration of the dispute in its absence.
Case consideration by the arbitration court terminates if:
- the plaintiff refuses his writ, unless the defendant raises objection against the termination of the arbitration trial on the grounds of his having legitimate interest in the resolution of the dispute;
- the parties have agreed to terminate the arbitration trial;
- the arbitration court has adopted the decision about the concerned dispute being outside its competence;
- the arbitration court has adopted a decision on confirmation of written agreement of lawsuit;
- the organization which is a party of the arbitration is liquidated;
- the citizen who is a party of the arbitration has died or is declared dead or untraceable;
- 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.
- The arbitration court adopts a decision about abatement of suit. Copies of this decision are sent to persons participating in the case.
The decision of the arbitration court is resolved by a majority vote.
The decision is stated in written form. In the decision the following information should necessarily be specified:
- date of adopting decision;
- place of arbitration;
- constitution of the arbitration court and the order of its formation;
- names and locations of the organizations making up the parties of the arbitration; names, last names, birth dates and birth places, places of residence and places of work of the citizens making up the parties of the arbitration;
- substantiation of competence of the arbitration court;
- plaintiff’s claims and objections of the defendant, petitions of the parties;
- facts of the case established by the arbitration court, evidences that served as the basis for the court’s conclusion about these facts, laws and other enactments that guided the court while adopting a decision.
The operative part of the decision should contain conclusions of the arbitration court about satisfaction or refusal to satisfy any of the claims that were declared. In the operative part the total arbitration expenses, distribution of these expenses among the parties as well as the term and order of satisfaction of the decision are specified.
The decision is signed by all judges. Refusal of any of the judges to sign the document and his individual opinion are registered in the decision.
After the decision is adopted, each party gets a copy signed by the arbitration judges.
Decisions of the arbitration court are satisfied by the parties voluntary in the order and the terms specified in the decision. If the term is not specified in the decision, it is to be satisfied immediately. The decisions of the arbitration court that are not satisfied in time are carried out in accordance with current legislation.
The arbitration is carried out according to the Regulations. The Regulations of the arbitration court are affirmed by the Chairman of “International Committee for Settlement of non-governmental Disputes".
The order of calculation and distribution of arbitration expenses is defined by the Regulations about arbitration charges and expenses. The Regulations about arbitration charges and expenses are defined by the Chairman of “International Committee for Settlement of non-governmental Disputes".