Arbitration at the Moscow CCI

Regulations on the Arbitration at the MCCI
Rules of the Arbitration at the MCCI
List of arbitrators of the Arbitration at the MCCI
Model arbitration clauses

Schedule of arbitration costs
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115088 Moscow, Russian Federation
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ARBITRATION AT THE MOSCOW CHAMBER OF COMMERCE AND INDUSTRY 

 
APPROVED
by the Order of the President of the Moscow CCI
dated 20.07.2012 № 20

 

REGULATIONS on the Arbitration at the Moscow Chamber of Commerce and Industry
 
Article 1
 
1. The Arbitration at the Moscow Chamber of Commerce and Industry (hereinafter referred to as the Arbitration) is a permanent arbitration institution (arbitration court) operating in accordance with the Federal Law “On Arbitration Courts in the Russian Federation” and the Law of the Russian Federation “On International Commercial Arbitration”.
2. The Arbitration is a legal successor of the Court of Arbitration at the Moscow Chamber of Commerce and Industry which was founded in 1993 and renamed from 1 March 1995 into the Commercial Arbitration at the Moscow Chamber of Commerce and Industry.
3. Seat of the Arbitration is the city of Moscow.
 
Article 2
 
1. Any dispute arising out of contractual and other civil law relations may be referred to the Arbitration by agreement of the parties to arbitral proceedings, unless otherwise provided for by the law. 
2. Parties to arbitral proceedings may be, but not limited to, organizations and natural persons, including foreign ones, who have filed with the Arbitration a claim for protection of their rights and interests or against whom a claim has been filed. 
 
Article 3
 
1. The Moscow Chamber of Commerce and Industry shall approve the Rules of the Arbitration governing the procedure of operation of the Arbitration as well as the procedure of dispute resolution in the Arbitration (rules of arbitral proceedings), shall render any other assistance to the Arbitration.  
2. Workflow management in the Arbitration shall be administered by means of the Moscow Chamber of Commerce and Industry.
 
Article 4
 
1. Arbitral proceedings under the disputes referred to the Arbitration shall be carried out by the arbitral tribunals set up for each specific case in accordance with the Rules of the Arbitration.
2. The Moscow Chamber of Commerce and Industry shall approve the List of Arbitrators on the motion of the Presidium of the Arbitration for a term of 5 (five) years. The List of Arbitrators shall contain the name and last name, academic degree and rank, specialty or specialization, knowledge of foreign languages of arbitrators. The List of Arbitrators may be amended during its effective period.
3. As an arbitrator (referee) shall be appointed a natural person capable of securing an impartial dispute resolution, not directly or indirectly interested in the outcome of the case, who is independent of the parties and who has given its consent to perform the duties of an arbitrator.
4. A party to arbitral proceedings may appoint an arbitrator from among the persons included into the Arbitration’s List of Arbitrators or another person who has expressed its consent to perform the functions of an arbitrator. 
5. As an arbitrator may not act a person who does not meet the requirements to an arbitrator (referee) established by the federal law.
 
Article 5
 
The Arbitration shall consist of the Presidium, Chairman of the Arbitration, two Vice-Chairmen of the Arbitration, the Secretariat of the Arbitration.
 
Article 6
 
1. The Presidium of the Arbitration shall be composed of the Chairman of the Arbitration and Vice-Chairmen who join the Presidium ex officio as well as of two arbitrators from the Arbitration’s List of arbitrators. Members of the Presidium shall be approved by the Moscow Chamber of Commerce and Industry
on the motion of the Chairman of the Arbitration for a term of 5 (five) years. If upon expiry of this term no new members are appointed to the Presidium, the earlier appointed persons shall continue to fulfill their functions till such new appointment. Members of the Presidium are arbitrators of the Arbitration.
2. The Chairman of the Presidium shall be the Chairman of the Arbitration. Functions of the Presidium’s Secretary shall be fulfilled by the executive secretary of the Arbitration. 
3. The Presidium of the Arbitration shall:
- carry out analysis of the arbitration practice;
- examine the issues of submission of information on the work of the Arbitration;
- resolve other issues reserved for its competence by the Rules of the Arbitration. 
The Presidium may delegate a part of its functions to the Chairman of the Arbitration.
4. Sessions of the Presidium shall be convened by the Chairman of the Presidium as may be necessary. The Presidium of the Arbitration is authorized to resolve the issues subject to the presence of the majority of the Presidium members. The Presidium shall make decisions by the majority of votes of its members. Members of the Presidium have no right to perform their duties in the course of examination of the issues related to a dispute in which they have been appointed as arbitrators. The executive secretary of the Arbitration who keeps the minutes shall take part in the sessions of the Presidium of the Arbitration.
5. The Presidium of the Arbitration shall pass rulings on the issues reserved for its competence.
 
Article 7
 
1. The Chairman and Vice-Chairmen of the Arbitration shall be appointed by the Moscow Chamber of Commerce and Industry for a term of 5 (five) years. If upon expiry of this term no new Chairman and Vice-Chairmen of the Arbitration have been appointed, the earlier appointed persons shall continue to perform their functions till such appointment. The Chairman and Vice-Chairmen of the Arbitration are arbitrators of the Arbitration. The Chairman and Vice-Chairmen of the Arbitration shall have higher legal education. 
2. The Chairman of the Arbitration shall:
- organize the work of the Arbitration;
- allocate duties between Vice-Chairmen;
- resolve other issues reserved for his/her competence by the present Regulations and the Rules of the Arbitration.
3. The Chairman and Vice-Chairmen of the Arbitration have no right to perform their duties in the course of examination of the issues related to a dispute in which they have been appointed to arbitrators.
4. In the absence of the Chairman of the Arbitration his/her functions shall be fulfilled by one of his/her deputies on his/her behalf.
5. The Chairman of the Arbitration shall pass resolutions on the issues reserved for his/her competence.
 
Article 8
 
1. The Secretariat of the Arbitration shall support the work of the Arbitration in accordance with the Rules of the Arbitration, inter alia shall manage workflow of the Arbitration, including compilation of filings under the disputes examined in the Arbitration.   
2. The Secretariat shall be headed by the executive secretary appointed by the Moscow Chamber of Commerce and Industry on the motion of the Chairman of the Arbitration. As executive secretary shall be appointed a person with higher legal education and knowledge of the English language. 
3. The executive secretary of the Arbitration has a deputy appointed by the Moscow Chamber of Commerce and Industry on the motion of the Chairman of the Arbitration. Allocation of duties between the executive secretary, his/her deputy and other employees of the Secretariat shall be administered by the executive secretary.
4. When carrying out the functions related to dispute settlement by the Arbitration, the executive secretary shall report to the Chairman of the Arbitration. The Secretariat shall render assistance to an arbitral panel set up for resolution of a specific dispute, shall fulfill certain instructions of the arbitral panel. 
5. In the absence of the executive secretary his/her functions shall be fulfilled by the deputy executive secretary.


 

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