Regulations
of the standing arbitration court
“International Court of Arbitration ICSNGD”
at "International Committee for Settlement of
non-governmental Disputes”
I. GENERAL
Article 1. Arbitration legislation
Legal proceedings of the permanent International Court of Arbitration ICSNGD at the International Committee for Settlement of Non-Governmental Disputes NP (hereinafter referred to as the arbitration court) are determined by these Rules.
In case of the matters not provided for hereby, the arbitration court shall act in compliance with the Constitution of the United States, the Federal Arbitration ACT of Feb. 12, 1925, and the Uniform Arbitration Act of the Revised Code of Washington.
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.
Article 2. Arbitration court legislation
The arbitration court shall settle disputes based on international treaties and applicable legislation of the United States with regard to the terms and conditions of the contract under which the dispute has arisen.
In case there are no legislative rules that regulate disputed relationship, the arbitration court may apply analogy by law or analogy of statute or business practices to procure fair, fast, and final settlement of the dispute.
Article 3. Arbitration court competence
The arbitration court settles the disputes provided for by article 1 of the Regulation for the International Court of Arbitration ICSNGD at the International Committee for Settlement of Non-Governmental Disputes (hereinafter referred to as the Regulation).
Dispute settlement in the arbitration court is possible only subject to both parties’ consent expressed in the form of the agreement envisaged in articles 4-5 of the Regulation.
If an arbitration agreement (clause), in the name “International Court of Arbitration ICSNGD at the International Committee for Settlement of Non-Governmental Disputes”, instead of the words “arbitration court” uses their synonyms borrowed from foreign languages or other synonyms, or if the agreement has been drawn up in a foreign language in full or in part, the arbitration court shall be entitled to initiate proceedings in a case.
Residents and non-residents that are legal entities, non-incorporated entrepreneurs, and individuals are entitled to apply to the arbitration court.
A matter in the arbitration court competence shall be settled by the composition of the arbitration court that settles a dispute. In this case, the arbitration clause, being a part of the contract, shall be interpreted as an agreement independent of other terms and conditions of the contract. Invalidity of the contract shall not result in invalidity of the arbitration clause.
A party shall be entitled to claim that the arbitration court has no competence to settle the dispute submitted for its examination before it submits the first essential allegation.
A party is entitled to claim that the arbitration court has exceeded its competence, if during the arbitration, consideration of a matter in dispute is not stipulated by the arbitration agreement, or it may not be a matter of arbitration in compliance with the federal law or arbitration rules.
The arbitration court shall examine the claim made in compliance herewith. A ruling shall be passed based on the results of the claim examination.
If, during examination of the matter of competence, the arbitration court passes a ruling on the absence of competence for dispute settlement, the arbitration court shall not be entitled to examine the dispute on the merits.
Article 4. Arbitration court organization and activity
The arbitration court’s activity shall be carried out by its staff. The arbitration court’s staff shall be composed on the Chairman, judges, and a secretary.
Article 5. Arbitration court Chairman
The chairman of the permanent arbitration court is an arbitrator appointed by the Chairman of the International Committee for Settlement of Non-Governmental Disputes NP. The court’s Chairman shall be appointed for the whole duration of the arbitration court or until he/she reaches the age of 80. The Chairman of the permanent arbitration court may be relieved of his/her duties when he/she reaches a set age or in case there are statutory grounds that prevent him/her from performing the duties of a judge.
The Chairman may be substituted by chairmen of territorial judicial boards – deputy chairmen of the arbitration court – arbitrators from the list approved by the Chairman of the International Committee for Settlement of Non-Governmental Disputes NP appointed by the arbitration court’s Chairman.
Article 6. Arbitrators
Arbitrators from the list shall have required knowledge in the relations that are a matter of dispute, subject to the general jurisdiction of the arbitration court and requirements of article 8 of the Regulation.
Article 7. Secretary
The arbitration court’s secretary shall organize and conduct clerical work related to arbitration court activities and perform other duties provided for by the Rules in line with the job description.
Article 8. Arbitration court location and venue of its meetings
The arbitration court’s headquarters are located at 5608 17TH AVE NW # 1009, SEATTLE, WA, 98107-5232, UNITED STATES.
Article 9. Arbitration confidentiality
An arbitrator shall not be entitled to disclose the information that became known to him/her during the arbitration without the consent of the parties or their assignees.
Article 10. Arbitration language
The proceedings shall be conducted in English. The proceedings is conducted in another language according to the agreement of parties. If a party has no knowledge of the English language, the arbitration court shall provide interpreter services at the request and expense of such party.
The party that provides documents and other materials in a language (languages) other than the arbitration language shall procure their translation.
The arbitration court shall be entitled to request translation of documents and other materials into the arbitration language (languages).
Article 11. Period of dispute examination by the arbitration court
The arbitration court shall make every possible effort to examine a dispute in a timely manner. Arbitration with regard to a specific case shall be completed within the period agreed upon by the parties. Should the parties fail to agree upon this period, it should be completed within 12 months after establishment of the arbitration court’s composition or appointment of a sole judge. The case examination period may be prolonged according to the parties’ agreement.
The arbitration period may be suspended for expert evaluation or, in case of an application, for further evidence on the case by a party to the dispute. The period shall be resumed upon receipt of expert evaluation results or other evidence on the case.
Article 12. Delivery and service of documents
The arbitration court shall ensure delivery of all case documents to the parties. They shall be sent to the addresses specified by the parties.
If not otherwise agreed upon by the parties, documents and other materials shall be sent to the last known location of an organization, that is a party to the arbitration, or the place of residence of an entrepreneur or individual, that is a party to the arbitration, by registered mail return receipt requested, or otherwise, with registration of delivery of these documents and materials. Documents and other materials shall be deemed duly served on their delivery day, even if the addressee does not reside at this address.
Any of the above documents may be handed to the parties in person against receipt.
The documents sent by the arbitration court shall be deemed duly served, even if the addressee refuses to accept them or has not received them despite a postal notice.
Article 13. Arbitration costs
The parties shall bear expenses related to dispute settlement in the arbitration court, including:
• arbitrators’ fee;
• expenses incurred by the arbitrators with regard to participation in the arbitration, including costs on travel to the venue of proceedings;
• amounts payable to experts and interpreters;
• expenses incurred by the arbitrators with regard to examination and inspection of written and material evidence at its location;
• expenses incurred by witnesses;
• expenses on payment of representative services by the party, in favor of which the arbitration court ruling was passed;
• expenses on organizational, material and other support of the arbitration;
• other expenses determined by the arbitration court.
The parties to the arbitration shall independently bear the above costs.
The arbitrators’ fee shall be determined by the arbitration court’s Chairman with regard to the amount in dispute, dispute complexity, and time spent by the arbitrators on arbitration as well as other relevant circumstances.
As resolved by the arbitration court, the parties to arbitration may be exempt from fee payment.
Allocation of the charges between the parties that are related to dispute settlement in the arbitration court shall be made by the arbitration court in line with the parties’ agreement and in case there is no such agreement – pro rata granted and dismissed claims.
Expenses on payment of representative services by the party, in favour of which the arbitration court ruling was passed, as well as other arbitration-related expenses may be collected from the other party according to the arbitration court’s ruling, if the claim for reimbursement was made during proceedings and granted by the arbitration court.
Allocation of the expenses related to dispute settlement in the arbitration court shall be specified in the arbitration court ruling or judgment.
Arbitration charges and arbitration court expenses shall be calculated and allocated in compliance with this article and Regulation “On Arbitration Charges”, which is an integral part hereof.
II. ARBITRATION PRINCIPLES
Article 14. Arbitration principles
Arbitration shall be conducted based on the principles of legality, confidentiality, independence and impartiality of arbitrators, competitiveness and equality of parties, and the dispositive principle.
Article 15. 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.
Article 16. Dispositive principle
The parties concerned shall be entitled to independently exercise their legal material and procedural rights. A claimant shall be entitled to file an action in order to seek protection of an infringed right or refrain from it at its own discretion (a defendant shall be entitled to file a counterclaim), modify the grounds or subject of the action, increase or decrease the amount of stated claims, abandon the action, not to request from the defendant execution of a ruling passed in its favour, etc. Parties to the dispute may settle amicably.
Article 17. Arbitrator’s independence and impartiality
Arbitrators shall be independent and impartial, when performing their duties, and shall not act as representatives of either party. A person directly or indirectly interested in the outcome of the case may not be a judge.
No person may influence the arbitrator’s resolution during arbitration, and the judge may not side with any party to the dispute during arbitration and completely discard the other party’s position.
Article 18. Equality of parties
The parties to the dispute are equal in their rights irrespective of any characteristics and criteria.
Either party shall be granted equal opportunities for statement of its claims and protection of its rights.
During arbitration, the parties shall be entitled to freely exercise their material and procedural rights (abandonment of action, confession of action, amicable agreement, change in the dispute ground or subject, etc.).
The parties may pursue claims in the arbitration court directly or through their authorized representatives appointed by the parties at the latter’s discretion.
Procedural equality implies equal opportunities of the parties, when settling the dispute as part of the procedure established by the parties.
Article 19. Parties’ competitiveness in arbitration
Either party shall prove the circumstances it refers to in support of its claims or objections. The parties shall be entitled to persist in their statement by submitting the evidence, examining the evidence submitted by other persons, and state their opinion on the case.
Article 20. Arbitration court contribution to conclusion of a dispute settlement agreement by parties
The arbitration court shall in every possible way contribute to settlement of the dispute by way of a settlement agreement between the parties, ruling out the possibility of violation of legally protected third persons’ rights and interests by this agreement.
Article 21. Voluntary nature of enforcement of the arbitration court judgment
The arbitration court judgment shall be enforced voluntarily.
III. ARBITRATION
Article 22. Commencement of action
Arbitration shall commence with submission of a statement of action. The statement of action without an agreement to submit a dispute to the arbitration court shall be dismissed.
A party concerned shall state its claims as a statement of action to be submitted to the arbitration court.
The statement of action shall be accepted by the court’s secretary (in his/her absence – a duly authorized employee of the court’s office). Subject to the statement of action received, the court’s chairman or his/her deputy – chairman of the territorial judicial board - shall grant a decision on initiation of proceedings based on the statement of action, abandonment or return of the statement of action.
A copy of the statement of action shall be sent by the claimant to the defendant or served through the arbitration court.
The date of submission of the statement of action shall be the date of its delivery to the arbitration court and in case it is sent by mail – the date on the post mark.
Article 23. Content of a statement of action
The statement of action shall specify:
1) date of the statement of action;
2) name and location of the entities that are parties to arbitration; full names, dates and places of birth, places of residence and work of entrepreneurs and individuals that are parties to arbitration;
3) justification of the arbitration court competence;
4) claimant’s demands;
5) circumstances on which the claimant has based its claims;
6) evidence confirming the grounds for the statement of action;
7) amount in dispute;
8) list of documents and other materials attached to the statement of action.
23.1. Documents attached to the statement of action:
1) document confirming payment of the arbitration charge in compliance with the Regulation on arbitration charges (Appendix hereto) or a request for a grace period or reduced arbitration charge;
2) documents confirming circumstances, on which the claimant has based its claims;
3) copies of the certificate of state registration as a legal entity or individual entrepreneur;
4) power of attorney or other documents confirming powers to sign the statement of action and select an arbitrator;
Article 24. Amount in dispute
The claimant shall specify the amount in dispute in its statement of action, even if the claims or their part are not subject to pecuniary valuation. The amount in dispute shall be determined, in particular:
• in money recovery suits – by the amount recovered;
• in property recovery suits – by the value of the property recovered.
In claims composed of several demands, the amount of each demand shall be determined separately; the amount in dispute shall be determined by the total amount of all demands.
If the claimant has not determined or has incorrectly determined the amount in dispute, the arbitration court (on its own initiative or as requested by the defendant) shall determine the amount in dispute based on the available information.
Article 25. Correction of a statement of action
Having determined that the statement of action has been filed in violation of the requirements set forth out in article 23 hereof, the arbitration court’s secretary shall request that the claimant eliminate the deficiencies revealed.
The period for such correction shall not exceed six months upon receipt of the request. Should these deficiencies be eliminated within the above period, the date of submission of the statement of action shall be the day provided for by the last paragraph of article 22 hereof. The case shall be abandoned after the deficiencies have been eliminated.
Article 26. Consequences of parties’ failure to submit documents and other materials or parties’ failure to appear
Failure to submit documents and other materials, including failure of the parties or their representatives duly informed of the arbitration court session time and place to appear at an arbitration court session shall not be a hindrance for arbitration and passing of a judgment by the arbitration court, unless the reason for such failure to submit documents and other materials or the parties’ failure to appear at the arbitration court session has been recognized as a legitimate excuse.
The defendant’ failure to file objections to the action may not be deemed acknowledgment of the claimant’s demands.
Article 27. Defendant’s notification and selection of a judge
Upon receipt of the statement of action, the arbitration court shall inform the defendant hereof and provide them with a list of judges and a copy of the statement of action, unless sent by the claimant.
The court will also recommend that, upon receipt of a copy of the statement of action, the defendant submit their written explanations supported by the relevant evidence.
Within five business days upon receipt of the court ruling, the defendant shall provide the name of the judge chosen from the list of arbitrators. Should the defendant fail to choose an arbitrator, the arbitrator shall be appointed by the Chairman of the permanent International Arbitration Court, deputy chairman of the court – chairman of the Territorial Judicial Board at the International Committee for Settlement of Non-Governmental Disputes NP.
Article 28. Establishment of the arbitration court’s bench
The arbitration court shall be composed of three arbitrators, unless otherwise agreed upon by the parties. Both parties shall select their arbitrator, and two selected arbitrators shall select the third one. Three arbitrators shall select the chairman of the arbitration court’s bench from among them.
In case of a complicated dispute under consideration, an alternate judge may be appointed Chairman of the permanent arbitration court’s bench at the International Committee for Settlement of Non-Governmental Disputes NP.
Should the judges selected by the parties fail to reach an agreement on the candidacy of the Chairman of the arbitration court’s bench, the Chairman of the permanent International Arbitration Court at the International Committee for Settlement of Non-Governmental Disputes NP shall independently appoint the chairman of the bench.
The chairman of the bench shall have higher legal education.
Article 29. Selection of a sole judge
As agreed upon by the parties, a case may be considered by a sole judge selected from the list of judges by mutual agreement of the parties. A sole judge shall have higher legal education.
Article 30. Preparation for hearing
The bench shall check the progress of preparation for hearing and, if necessary, take additional preparatory measures, in particular, request written explanations, evidence, and additional documents from the parties. If the arbitration court takes additional preparatory measures, it shall establish the period, during which these additional requirements shall be met.
The chairman of the bench may issue special instructions to the court’s secretary, as related to case preparation and hearing. He/she also instructs the secretary to summon the parties.
Article 31. Powers of the arbitration court to order imposition of interim relief
Unless otherwise agreed upon by the parties, the arbitration court may, as requested by either party, order imposition of such interim relief with relation to the object of dispute upon any party, as it deems necessary.
The arbitration court may request that either party provide appropriate security with relation to these measures.
A party’s production of an application for interim relief before a competent court and imposition of interim relief by the competent court may not be deemed contradictory to the agreement for dispute submission to the arbitration court or as a waiver of this agreement.
The application for interim relief to the action considered in the arbitration court shall be submitted by a party to the competent state court where arbitration is held or the property subject to interim relief is located.
Article 32. Parties’ notification of a session
The parties shall be informed of the time and place of an arbitration court session in advance. This notice shall be sent and served according to the procedure set forth in article 12 hereof.
Article 33. Challenge to a judge or an expert
Either party shall be entitled to request disqualification of a judge, chairman of the arbitration court’s bench in case of the circumstances that raise reasonable doubts as to their impartiality or independence, specifically, if there is proof that they are directly or indirectly interested in the outcome of the case (article 8 of the Regulation). Disqualification may also be requested if a judge doesn’t meet the requirements set forth in the parties’ agreement.
A party’s written request for disqualification stating their reasons shall be made within 5 days after the party learned about establishment of the arbitration court’s bench or the circumstances that may lead to disqualification. A request for disqualification made after a given deadline shall be considered only if the reason for the delay is deemed legitimate.
Should an arbitrator in question not resign or should the other party object to the arbitrator’s disqualification, the matter of the arbitrator’s disqualification shall be settled by the other arbitrators on the arbitration court’s bench within ten days upon receipt of the party’s written request.
A matter of the sole arbitrator’s disqualification shall be settled by this arbitrator.
Experts taking part in the investigation may be disqualified for the same reasons set forth in the first paragraph of this article. In this case, a matter of disqualification shall be settled either by the arbitration court’s bench or a sole judge.
Article 34. Termination of arbitrator’s powers
Powers of an arbitrator within the court’s bench may be terminated, as agreed upon by the parties due to the arbitrator’s resignation or disqualification on the grounds set forth in article 33 hereof and in case of the arbitrator’s illness and death.
The arbitrator’s powers shall terminate when a judgement is passed under a specific case. If an additional judgment or correction of mistakes, misprints, arithmetic errors are needed, the arbitrator’s powers shall resume and terminate upon completion of the above procedural actions.
Grounds for termination of the arbitrator’s powers as agreed upon by the parties and the arbitrator’s resignation shall be the arbitrator’s legal or actual inability to participate in dispute consideration and inability to take part in dispute consideration for other reasons and for an unreasonably long period.
Article 35. Arbitrator’s replacement
In case of termination of the arbitrator’s powers, another arbitrator shall be appointed in compliance with the rules applied to appointment of the arbitrator being replaced.
Article 36. Parties’ participation in an arbitration court session
Each party shall be granted equal opportunities for statement of its claims and protection of its rights and interests.
If not agreed upon by the parties, arbitration shall be held in an arbitration court session with participation of the parties or their representatives appointed by the parties at their discretion. Representation shall be executed according to the legally established procedure or a party’s oral request for a representative’s participation.
The parties shall be informed of the time and place of an arbitration court session in advance. This notice shall be sent and served according to the procedure set forth in article 12 hereof.
If not otherwise agreed upon by the parties, the arbitration court’s bench shall examine a case in camera. No hidden audio and video recording during a court session is allowed.
Failure of appearance by the party duly informed of the time and place of the arbitration court session and the defendant’s failure to file a statement of defense shall not impede the hearings, unless the party that failed to appear requested that the court session be adjourned on legitimate grounds prior to termination of the hearings. The party shall be entitled to request hearings in its absence.
Should the parties or either of them and their representatives, experts and other participants of arbitration show contempt of court or misbehaviour, these persons may be dismissed from court by the presiding judge until the arbitration is over.
Article 37. Dispute settlement through an amicable agreement
At any stage of proceedings, the arbitrators and the parties shall use their available resources to settle a dispute through an amicable settlement. The amicable agreement shall be approved by the arbitration court’s resolution that should contain all terms and conditions of the amicable agreement. The amicable agreement shall not contradict the applicable legislation.
Should the parties reach an amicable agreement approved by the arbitration court’s resolution, all proceedings shall terminate subject to the arbitration court’s ruling.
Article 38. Adjudgement based on written materials
As agreed upon by the parties, a dispute may be settled without hearing based on the written materials submitted.
Should the materials submitted prove to be insufficient for dispute settlement, the arbitration court may appoint a hearing.
Article 39. Counterclaim or offsetting of claims
The defendant shall be entitled to file a counterclaim, provided that the counterclaim is interconnected with the claimant’s demands and that the counterclaim may be examined by the arbitration court in compliance with the arbitration agreement.
The counterclaim may be filed during arbitration before the arbitration court passed a judgment, unless the parties agreed upon a different period for counterclaim filing.
A counterclaim shall meet the requirements to statements of action set forth in article 23 hereof.
In case a counterclaim is filed without the presence of the other party to the dispute, upon its receipt, the arbitration court’s shall inform the party hereof and provide them with a copy of the statement of action, if no counterclaim has been filed by the claimant to the other party as related to the counterclaim.
At the same time, the arbitration court suggests that, within two weeks upon receipt of a copy of the counterclaim, the party submit its written explanations supported by the relevant evidence.
Should the counterclaim be filed in the presence of the other party to the dispute, the defendant shall, within two weeks upon receipt of a copy of the claim, submit their written explanations supported by the relevant evidence.
Unless otherwise agreed upon by the parties, the defendant shall be entitled, to request offsetting of a claim subject to the same requirements as are imposed in case of counterclaim filing.
Article 40. Facts in evidence
The parties shall submit original documents of written evidence or certified copies.
The arbitration court may request other evidence from the parties. The court also is entitled, at its own discretion, to arrange for an expert evaluation and request evidence from third parties as well as to summon and hear witnesses.
Evidence shall be verified in the manner determined by the arbitration court’s bench.
Evaluation of evidence shall be conducted by judges subject to their inner conviction.
A party’s failure to submit adequate evidence shall not prevent the arbitration court from further proceedings and passing a judgment based on the evidence available.
Article 41. Arrangement and holding of an expert evaluation
Unless otherwise agreed upon by the parties, the arbitration court may arrange for an expert evaluation to clarify the issues that emerge during dispute settlement and require special knowledge, and request that each party provide documents, materials or objects, as needed for the expert evaluation.
Unless otherwise agreed upon by the parties, the arbitration court may appoint one or several experts.
Unless otherwise agreed upon by the parties, the expert’s candidacy and matters to be clarified during the expert evaluation shall be determined by the arbitration court with regard to the parties’ opinions.
Unless otherwise agreed upon by the parties, the arbitration court shall allocate expert evaluation costs in compliance with article 13 hereof.
The expert opinion shall be submitted in writing.
Unless otherwise agreed upon by the parties, the expert, provided that this is requested by either party or deemed necessary by the arbitration court, shall, upon submission of the expert opinion, take part in the arbitration court session, during which the parties and arbitrators may ask questions related to the expert evaluation procedures and the expert opinion submitted.
Article 42. Postponement and stay of proceedings
If necessary, at the request of the parties or the initiative of the arbitration court, the proceedings may be postponed or suspended. In such a case an appropriate decision shall be issued.
At the discretion of the court hearing is adjourned/postponed for either a specified period of time or indefinitely until (i) the court has received all the necessary information, or (ii) the occurrence of legally significant events. In such a case additional court decisions are not being issued.
Article 43. Return of a statement of action
1. The International Arbitration Court shall return a statement of action if during consideration of the matter of its acceptance it determines that:
1) this case is not under the jurisdiction of this arbitration court;
2) before passing of a ruling on initiating proceedings based on the statement of action, the claimant filed a petition for return of the statement of action;
3) the circumstances that had given rise to abandonment of the statement of action were not eliminated during the period specified in the court ruling.
The International Arbitration Court shall also return a statement of action if a request for a grace period or reduced arbitration charge has been dismissed.
2. The arbitration court shall pass a ruling on return of the statement of action.
The ruling shall specify the grounds for return of the statement of action and a matter on refund of the paid arbitration charge from the settlement account of the International Committee for Settlement of Non-Governmental Disputes NP shall be settled.
3. A copy of the ruling on return of the statement of action shall be sent to the claimant on or before the next day, following the ruling or upon expiry of the period established by the arbitration court for elimination of the circumstances that have given rise to abandonment of the statement of action and its accompanying documents.
4. Return of the statement of action shall not prevent repeated submission of the same statement to the International Arbitration Court, following elimination of the circumstances that have given rise to its return.
Article 44. Abandonment of a statement
1. The International Arbitration Court shall abandon a statement of action if after initiation of proceedings on its basis it determines that:
1) the arbitration, state court of law or another arbitration court is currently examining a case related to a dispute between the same persons, on the same matter in dispute, and on the same grounds;
2) the claimant has failed to comply with the procedure for extrajudicial settlement of claims in anticipation of an action in the court or another out-of-court procedure for the resolution of the dispute with the defendant, if provided by a state law or contract;
3) a claim has been filed that needs to be examined in the state court according to the state law;
4) the statement of action has not been signed, or has been signed by a person not authorized to sign it, or by a person whose official capacity has not been specified;
5) a party to the dispute obligated to pay an arbitration charge and expenses required for holding a session as well as other costs determined by the arbitration court has failed to make a payment by the date of the examination of the case on its merits or within the period established by the court.
Article 45. Termination of proceedings in case
The arbitration court shall pass a ruling on termination of arbitration if:
1. the claimant withdraws its claim, if the defendant does not object to termination of arbitration due to the latter’s legal interest in dispute settlement on its merits;
2. the parties have agreed on termination of arbitration;
3. the arbitration court has passed a ruling on the absence of competence for the arbitration court to consider the dispute submitted for its settlement;
4. the arbitration court has passed a judgment for approval of a written amicable agreement;
5. an entity being a party to the arbitration has been dissolved;
6. an entrepreneur or individual that is a party to the arbitration has died, has been declared dead or missing;
7. there is a legally effective judgment of the arbitration court or court of law on the dispute between the same persons, on the same matter in dispute, and on the same grounds.
Copies of the ruling shall be sent to the parties to the proceedings.
Article 46. Arbitration court ruling
The arbitration court shall pass a ruling on the matters that do not affect the essence of a dispute.
IV. ARBITRATION COURT JUDGMENT
Article 47. Binding effect of the arbitration court judgment
The parties that have concluded the arbitration agreement undertake to voluntarily execute the arbitration court judgment. The parties and arbitration court shall do their utmost to make the arbitration court judgment legally executable.
Article 48. Passing of an arbitration court judgment
Following consideration of facts in the case, the arbitration court shall pass a judgment by the majority of votes of the arbitrators on the arbitration court’s bench.
The judgment shall be declared during the arbitration court session. The arbitration court shall be entitled to declare the judicial disposition of the judgment only. In this case, unless the parties have agreed upon a period for delivery of the judgment, the motivated judgment shall be sent to the parties within 15 days upon declaration of the judicial disposition of the judgment.
If deemed necessary by the arbitration court, the court shall suspend the judgment and summon the parties to an additional session subject to provision of articles 12 and 30 hereof.
On a petition of the parties, the arbitration court shall pass a judgment on approval of the amicable agreement, unless it contradicts laws and other regulatory legal acts, infringes the rights and legal interests of other parties. The amicable agreement content shall be set forth in the arbitration court judgment.
The arbitration court judgment shall be deemed passed at the arbitration venue, when signed by the arbitrators of the arbitration court.
Article 49. Form and content of the arbitration court judgment
The arbitration court judgment shall be drawn up in writing and signed by the arbitrators of the arbitration court, including an arbitrator with a dissenting opinion. The arbitrator’s dissenting opinion shall be enclosed with the arbitration court judgment. In case of arbitration by several judges, the judgment may be signed by the majority of the arbitrators of the arbitration court, with specifications of reasons for absence of the other arbitrators’ signatures.
The arbitration court judgment shall specify:
1) date of passing the judgment decision ;
2) venue of the arbitration hearing;
3) arbitration court composition and its establishment procedure;
4) name and location of the entities that are parties to arbitration; full names, dates and places of birth, places of residence and work of entrepreneurs and individuals that are parties to arbitration;
5) justification of the arbitration court competence;
6) claimant’s demands and defendant’s objections, parties’ petitions;
7) facts in the case ascertained by the arbitration court, evidence used as the basis for conclusions of the arbitration court on these circumstances, laws and other regulatory legal acts that the arbitration court relied upon, when passing the judgment.
The judicial disposition of the judgment shall contain conclusion of the arbitration court on granting or dismissing each stated claim. The judicial disposition shall specify the amount of expenses related to dispute settlement in the arbitration court, allocation of these expenses between the parties and, as required, period and procedure for execution of the judgment passed.
After the judgment is passed, each party shall be given or sent a copy of the judgment executed in compliance with this article.
Article 50. Additional judgment
Unless otherwise agreed upon by the parties, each party, subject to a notice sent to the other party, may, within 10 days upon receipt of the arbitration court judgment, file a request to the same arbitration court for an additional judgment in relation to the claims that were stated during the arbitration but were not reflected in the judgment. This application shall be considered by the arbitration court’s bench that has settled the dispute within 10 days upon its receipt.
Based on the results of consideration of the relevant application, either an additional judgment that forms a part of the arbitration court judgment or ruling on dismissal of the application for passing of an additional judgment shall be passed.
Article 51. Explanation of the judgment
Unless otherwise agreed upon by the parties, each party, subject to a notice sent to the other party, may, within 10 days upon receipt of the arbitration court judgment, request explanation of the judgment from the same arbitration court. This application for explanation of the judgment shall be considered by the bench that has settled the dispute within 10 days upon its receipt.
The arbitration court shall be entitled to explain the judgment passed without changing its content.
Based on the results of consideration of the relevant application, either a ruling for explanation of the judgment that forms a part of the arbitration court judgment or ruling on dismissal of the application for explanation of the judgment shall be passed.
Article 52. Correction of typos, misprints, arithmetic errors
As requested by each party or on its own initiative, the arbitration court shall be entitled to correct typos, misprints, or arithmetic errors.
The arbitration court shall pass a ruling on correction of typos, misprints or arithmetic errors forming a part of the judgment.
Article 53. Judgment and case keeping
A case considered in the permanent arbitration court shall be held for five years upon passing of a judgment.
V. CONTESTATION OF THE ARBITRATION COURT JUDGMENT
Article 54. Contestation of the arbitration court judgment in a competent court
If the arbitration agreement does not envisage that an arbitration court judgment is final, the arbitration court judgment may be challenged by a party to the dispute according to the International conventions in a competent state court within 10 days upon receipt of the arbitration court judgment.
Article 55. Grounds for repeal of the arbitration court judgment
An arbitration court judgment may be repealed by a competent court only if:
1) the party seeking repeal of the arbitration court judgment submits evidence that:
• the arbitration agreement is invalid;
• the arbitration court judgment was passed with regard to the dispute not provided for by the arbitration agreement, or outside of its terms, or contains resolutions on the matters beyond the scope of the arbitration agreement. If arbitration court resolutions on the matters covered by the arbitration agreement may be separated from those beyond such agreement, only a part of the arbitration court judgment that contains resolutions on the matters not covered by the arbitration agreement may be repealed;
• the arbitration court’s composition or proceedings have not met the requirements of articles 27, 28 hereof;
• the party, against which the arbitration court passed the judgment, had not been duly informed of the appointment of arbitrators, or the time and place of the arbitration court session, or for other reasons failed to provide its explanations to the arbitration court;
2) the competent court ascertains that:
• the dispute considered by the arbitration court in compliance with the state law may not be a matter of arbitration;
Article 56. Effects of repeal of the arbitration court judgment
If an arbitration court judgment is repealed by a competent state court, each party shall be entitled to petition the arbitration court in compliance with the arbitration agreement. However, if the arbitration court judgment has been repealed in full or in part because of invalidity of the arbitration agreement, or because it has been passed with regard to the dispute not provided for by the arbitration agreement or outside of its terms, or it contains resolutions on the matters beyond the scope of the arbitration agreement, the relevant dispute shall not be subject to further consideration in the arbitration court.
VI. ENFORCEMENT OF THE ARBITRATION COURT JUDGMENT
Article 57. Execution of the arbitration court judgment
A judgment of the arbitration court shall be executed voluntarily, according to the procedure and within the timelines specified in it.
If no period has been specified in the arbitration court judgment, it shall be executed immediately.
Article 58. Enforcement of the arbitration court judgment
If an arbitration court judgment was not voluntarily executed when due, it shall be enforced according to international conventions.
Article 59. Waiver of a right to object
Should the party fail, within the established period or, if no such period has been fixed, without unreasonable delay, to submit an objection to non-compliance during the arbitration with any provision hereof, the arbitration agreement or applicable rules of the law on arbitration courts, from which the parties may depart, it shall be deemed to have waived its right to object.
Article 60. Indemnity
Arbitrators, reporters, experts appointed by the arbitration court’s bench, arbitration court and its employees, the International Arbitration Court at the International Committee for Settlement of Non-Governmental Disputes NP shall not be liable before the parties or other persons for any actions or omission due to the arbitration, unless these actions or omission are proved to be intentional.
Article 61. Effects of the Rules of the arbitration court
Unless otherwise agreed upon by the parties, disputes considered in the arbitration court shall be regulated by the Rules of the arbitration court that are in effect as of commencement of the arbitration.
