Arbitration at the Moscow CCI

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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
In effect since 01.08.2012
 
RULES of the Arbitration at the Moscow Chamber of Commerce and Industry

 
Chapter I. General provisions
 
Article 1. The Arbitration at the Moscow Chamber of Commerce and Industry
 
1. The Arbitration at the Moscow Chamber of Commerce and Industry (hereinafter referred to as the Arbitration) is a permanent arbitration institution (arbitration court) set up by the Moscow Chamber of Commerce and Industry for resolution of disputes arising out of contractual and other civil law relations in accordance with its jurisdiction.
2. The Arbitration carries out its work in accordance with the Federal Law “On Arbitration Courts in the Russian Federation”, the Law of the Russian Federation “On International Commercial Arbitration”, the Regulations on the Arbitration at the Moscow Chamber of Commerce and Industry (hereinafter referred to as the Regulations on the Arbitration) and the present Rules. When examining the disputes specified in subpara. 2 para. 1 Art. 3 of the present Rules, the Arbitration shall act as an international commercial arbitration.
3. Arbitral proceedings under the disputes submitted to the Arbitration shall be carried out by an arbitral tribunal constituted for resolution of a specific dispute in accordance with the present Rules. The rules of arbitral proceedings governing the procedure of dispute resolution in the Arbitration, including the procedure of application to the Arbitration, formation of an arbitral tribunal and the procedure of arbitral proceedings, shall be determined in accordance with Article 25 of the present Rules.
4. Seat of the Arbitration is the city of Moscow.
 
Article 2. Scope of the Rules
 
1. These Rules govern the procedure of work of the Arbitration as well as the rules of arbitral proceedings in the course of settlement of disputes referred to the Arbitration by the parties to the arbitral proceedings (hereinafter referred to as the parties).
2. The standards set forth by the present Rules are considered to be an inherent part of the parties’ agreement to refer a dispute to the Arbitration (Article 5 of these Rules), unless the parties have agreed otherwise. The arbitral proceedings under a dispute referred to the Arbitration (hereinafter also referred to as dispute resolution) shall be conducted according to the standards provided for by these Rules in effect as of the date of application to the Arbitration, save for the cases when the parties have agreed to apply the Rules which were in effect at the moment of conclusion of the agreement to refer a dispute to the Arbitration.
 
Article 3. Jurisdiction
 
1. Any dispute arising out of contractual and other civil law relations may be referred to the Arbitration by agreement of the parties, unless otherwise stipulated by the federal law, including:
1) disputes between Russian organizations and natural persons;
2) disputes arising in the course of foreign trade and other international
economic relations, if a commercial enterprise of at least one party is located abroad, as well as disputes between organizations with foreign investments and international associations and organizations incorporated in the territory of the Russian Federation as between each other, disputes between their participants as well as their disputes with other subjects of law of the Russian Federation;
3) civil law relations disputes out of which may be referred to the MCCI Arbitration include, in particular, relations in connection with purchase and sale (delivery) of goods, performance of works, provision of services, exchange of goods and/or services, transport of goods and passengers, trade representation and agency, lease (leasing), technical and scientific exchange, exchange of other results of creative activity, construction of industrial and other buildings, licensing operations, crediting and settlement operations, insurance, joint entrepreneurship and other forms of industrial and entrepreneurial cooperation, as well as disputes in the sphere of investment activity, including investments on the securities market, investments into derivatives, venture capital financing and investments into innovations.
2. Participants to a dispute referred to the Arbitration may be, but not limited to, organizations and natural persons, including foreign ones.
3. The arbitral tribunal shall independently decide on its jurisdiction to examine a dispute referred to it, including in cases where either party objects to arbitration due to the absence or invalidity of the arbitration agreement.
The party has the right to declare that the arbitral tribunal has no jurisdiction to examine a dispute referred to it before it submits its first statement on the merits of the case (Article 9 of the Rules).
 
 Article 4. Submission of a dispute to the Arbitration
 
1. A dispute may be submitted to the Arbitration subject to a valid arbitration agreement concluded by the parties (Article 5 of the Rules).
2. A dispute which is pending in a court of general jurisdiction or in a commercial court may be referred to the Arbitration in case if an arbitration agreement was concluded by the parties before a decision in the dispute was passed by such courts.  
 
Article 5. Arbitration agreement
 
1. An arbitration agreement is an agreement by the parties to refer all or certain disputes which have arisen or which may arise between them in connection with any specific legal relationship, irrelevant of whether such relationship had a contractual nature or not. 
2. An arbitration agreement may be concluded in form of an arbitration clause incorporated in a contract or in form of a separate agreement.
3. An arbitration agreement shall be made in writing, unless a different form is provided for by the federal law. An arbitration agreement shall be deemed   concluded in writing if it is contained in a document signed by the parties or if it is made by way of exchange of letters, teletype, telegraph messages or with the use of other means of electronic or any other communications securing fixation of such agreement. An arbitration agreement to refer a dispute to the Arbitration shall be deemed as also concluded in writing if it is made by way of exchange of a statement of claim and a statement of defence in which either party asserts the existence of the agreement and the other does not object to it.  A reference in the contract to a document containing a provision about submission of a dispute
to the Arbitration shall be an arbitration agreement provided that such contract is made in writing and the reference is such that makes the arbitration agreement a part of the contract. An arbitration agreement to refer a dispute to the Arbitration may be included into the rules of organized tenders, clearing rules which are registered in accordance with the legislation of the Russian Federation. Such an agreement shall be an arbitration agreement of the participants of organized tenders, parties to a contract made in the course of organized tenders in accordance with the rules of organized tenders or of the clearing participants.
4. If either party objects to arbitration due to the absence or invalidity of an arbitration agreement, an arbitration agreement made as a clause in the contract should be considered as not dependent on other conditions of the contract. A conclusion of an arbitral tribunal to the effect that the contract containing an arbitration clause is invalid does not entail invalidity of the clause by virtue of the federal law.
 
 Article 6. Rules applied in the course of dispute resolution
 
1. An arbitral tribunal shall resolve disputes on the basis of federal laws and other regulatory legal acts in effect in the territory of the Russian Federation. If a treaty of the Russian Federation establishes the rules other than those provided for by a federal law, the rules of the treaty shall apply. 
2. Disputes specified in subpara.2 para.1 Art.3 of these Rules shall be resolved by an arbitral tribunal in accordance with such rules of law which the parties have chosen as applicable to the merits of the dispute. Any reference to a law or a system of law of any state shall be interpreted as directly referring to the substantive law of such state and not to its conflict of law rules.  
In the absence of any indication by the parties the arbitral tribunal shall apply the law determined in accordance with the conflict of law rules which it deems applicable.
3. In all cases an arbitral tribunal shall pass an award in accordance with the terms and conditions of the contract and with due regard to business practices.
 
Article 7. Written notifications or communications
 
1. All notifications or communications shall be sent at the last known address of a party or its representative for which they are intended, received either from that party itself or from the other party. Such notification or communication may be sent by delivery against written acknowledgement, by registered mail, courier service, by e-mail or by any other means of telecommunication confirming the fact of dispatch.  
2. A notification or communication shall be deemed delivered on the date when it was received by the party or its representative or should have been received by it, if it was sent according to para.1 of this Article.  
 
Article 8. Fixation and calculation of time limits. Modification of time limits
 
1. Actions related to arbitral proceedings shall be undertaken within the time limits fixed by these Rules or in accordance with them.
2. The time limits fixed by these Rules start to run on the day following a calendar day or a day of occurrence of an event which determines the beginning of a time limit. If the day following such date is a holiday or a day-off in the country where a notification or communication shall be deemed to have been made, the time lime shall be calculated from the next working day. Holidays and days-off are included into calculation of a time limit.  If the last day of the respective time limit is a holiday or a day-off in the country where a notification or communication shall be deemed to have been made, the time limit shall expire at the end of the next working day.
3. The time limits fixed by these Rules may be changed by the Chairman of the Arbitration. The time limits set in accordance with these Rules may be changed by an arbitral tribunal, the Chairman or the Presidium of the Arbitration who fixed the respective time limit.
 
Article 9. Waiver of the right to object
 
If a party which is aware that some provision of a federal law from which the parties may derogate or that some requirement provided for by these Rules or by an arbitration agreement were not observed and nevertheless continues to participate in the arbitral proceedings without raising any objections against such non-observance and if some deadline is envisaged for raising such an objection, that party shall be deemed as having waived its right to object upon expiry of such deadline. 
 
Chapter II. Organizational framework of activity
 
Article 10. Arbitrators
 
1. An arbitrator (a referee) is a natural person appointed in accordance with these Rules and having expressed its consent to perform the functions of an arbitrator.
2. The Moscow Chamber of Commerce and Industry approves the Arbitration’s list of arbitrators which contains the name and last name of an arbitrator, his/her education, academic degree and rank, specialty or specialization, knowledge of foreign languages. The list of arbitrators shall be approved for a term of 5 years. The list of arbitrators may be amended during its effective period. A person included into the List of arbitrators shall also provide, at the request of the Arbitration, brief biographic information (including the year and place of birth and the data on his/her professional life), address, telephone number and other data.
3. An arbitrator and a reserve arbitrator shall be appointed for resolution of a specific dispute in accordance with Article 18 of these Rules. A reserve arbitrator shall fulfill the functions of an arbitrator in accordance with Article 21 of these Rules. A party may appoint an arbitrator from among the persons included in the Arbitration’s List of arbitrators or any other person which expressed its consent to perform the functions of an arbitrator, provided that the latter has submitted the data specified in para.2 of this Article. In accepting its nomination, an arbitrator shall undertake to fulfill his/her duties in accordance with federal laws and these Rules.
4. A person not meeting the requirements specified in Article 15 of these Rules may not act as an arbitrator.
 
Article 11. Presidium of the Arbitration
 
1. Presidium of the Arbitration shall consist of the Chairman of the Arbitration, Vice-Chairmen of the Arbitration and two arbitrators from the Arbitration’s List of arbitrators. Members of the Presidium shall be approved by the Moscow Chamber of Commerce and Industry for a period of 5 years. If upon expiry of this term no new members have been appointed to the Presidium, the earlier appointed persons shall continue to fulfill their functions till such new appointment.
2. The Chairman of the Presidium of the Arbitration shall be the Chairman of the Arbitration. Functions of the secretary of the Presidium shall be fulfilled by the executive secretary of the Arbitration.
3. The Presidium of the Arbitration shall resolve the issues reserved for its competence by the Regulations on the Arbitration and these Rules. The Presidium may delegate a part of its functions to the Chairman of the Arbitration. 
4. The Presidium of the Arbitration shall pass resolutions on the issues reserved for its competence. A resolution of the Presidium of the Arbitration shall come into effect on the day of its adoption and shall be subject to immediate enforcement, unless otherwise indicated by the resolution.  
5. Procedure of operation of the Presidium of the Arbitration shall be established by the Regulations on the Arbitration. 
 
Article 12. Chairman and Vice-Chairmen of the Arbitration
 
1. The Chairman and Vice-Chairmen of the Arbitration shall be appointed by the Moscow Chamber of Commerce and Industry for a period of 5 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 fulfill their functions till such new appointment.
2. The Chairman of the Arbitration shall resolve the issues reserved for his/her competence by the Regulations on the Arbitration and these Rules.
3. The Chairman of the Arbitration shall pass resolutions on the issues reserved for his/her competence. A resolution of the Chairman of the Arbitration shall come into effect on the day of its adoption and shall be subject to immediate enforcement, unless otherwise indicated by the resolution.
4. The Chairman and Vice-Chairmen of the Arbitration are arbitrators of the Arbitration. The Chairman and Vice-Chairmen of the Arbitration should have higher legal education. 
5. 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.
 
Article 13. Secretariat of the Arbitration
 
1. The Secretariat of the Arbitration shall support the work of the Arbitration in accordance with these Rules, 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 of the Arbitration appointed by the Moscow Chamber of Commerce and Industry on the motion of the Chairman of the Arbitration.
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.
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 of the Arbitration his/her functions shall be fulfilled by the deputy executive secretary.
 
Chapter III. Arbitral tribunal
 
Article14. Arbitral tribunal
 
1. An arbitral tribunal set up for resolution of a specific dispute shall be constituted in accordance with Article 18 of these Rules. An arbitral tribunal may consist of a single arbitrator resolving a dispute (sole arbitrator) or several arbitrators resolving a dispute collectively (a panel of arbitrators).
2. Decisions of the Arbitration concerning appointment, challenge or replacement of an arbitrator for resolution of a specific dispute shall be final. The motives of such decisions shall not be disclosed.
 
Article 15. Requirements to an arbitrator
 
1. As an arbitrator for resolution of a specific dispute shall be appointed a person capable of securing an impartial resolution of dispute, not interested directly or indirectly in the outcome of the case, who is independent of the parties and who gave its consent to perform the duties of an arbitrator.  
2. An arbitrator solely resolving a dispute shall have higher legal education. In case of collective resolution of a dispute the presiding arbitrator shall have higher legal education. 
3. Requirements raised to qualification of an arbitrator may be agreed upon directly by the parties. Failing such an agreement, a natural person who has necessary qualification for dispute resolution shall be appointed as arbitrator.
4. A person not meeting the requirements raised to an arbitrator (a referee) by the federal law may not be an arbitrator.
 
Article 16. Independence and impartiality of arbitrators
 
1. Any arbitrator shall be and remain impartial and independent of the parties to arbitral proceedings.
2. Prior to his/her appointment a proposed arbitrator shall submit to the Arbitration a declaration of his/her consent, impartiality and independence. A person who was offered to fulfill the duties of an arbitrator shall refuse to take them over and, if such duties of an arbitrator have been already taken over, shall refuse from their further performance and shall recuse himself, if such person does not consider himself to be impartial and independent. 
3. Self-recusal of an arbitrator or consent of the parties to terminate his/her authorities shall not mean recognition of the circumstances which served as a ground for recusal.
 
Article 17. Number of arbitrators
 
1. The parties may at their discretion determine a number of arbitrators.
2. Unless the parties have agreed otherwise or if the parties have agreed that disputes shall be settled by an arbitral tribunal consisting of more than three arbitrators but have failed to agree upon the procedure of their nomination, the dispute shall be settled by an arbitral tribunal consisting of three arbitrators. This rule shall apply, unless otherwise provided for by these Rules. 
 
Article 18. Formation of an arbitral tribunal
 
1. The parties may at their discretion agree upon the procedure of appointment of an arbitrator or arbitrators, subject to compliance with para.5 of this Article.
2. Failing such an agreement on the procedure of appointment of an arbitrator or arbitrators, formation of an arbitral tribunal shall take place as follows:
1) If a dispute is subject to resolution by a panel of three arbitrators, each party shall appoint one arbitrator and one reserve arbitrator and the two arbitrators so appointed by the parties shall choose a presiding arbitrator and a reserve presiding arbitrator.
If a party does not appoint an arbitrator or a reserve arbitrator within 7 days after receipt of notification thereof from the Arbitration or if two appointed arbitrators do not choose within 15 days from their appointment a presiding arbitrator or a reserve presiding arbitrator, or if a party does not make an advance payment within the fixed time period for payment of additional costs in accordance with para.3 Article 8 of the Schedule of Arbitration Costs (Exhibit to these Rules), the respective appointment shall be made by the Chairman of the Arbitration; 
2) If a dispute is subject to resolution by a sole arbitrator, the parties shall appoint a sole arbitrator and a reserve sole arbitrator. If the parties fail to appoint a sole arbitrator or a reserve sole arbitrator within 7 days after receipt of notification thereof from the Arbitration, or if a party does not make an advance payment within the fixed time period for payment of additional costs in accordance with para.3 Article 8 of the Schedule of Arbitration Costs (Exhibit to these Rules), a sole arbitrator or a reserve sole arbitrator shall be appointed by the Chairman of the Arbitration.
3. Unless the parties have agreed otherwise, a dispute shall be resolved by a sole arbitrator:
a) if the value of claim does not exceed 100 000 (one hundred thousand) Russian Rubles – if the value of claim is denominated in Russian Rubles;
b) if the value of claim does not exceed 3 000 (three thousand) US Dollars or the amount equivalent to 3 000 (three thousand) US Dollars at the official exchange rate of respective currency fixed by the Central Bank of the Russian Federation as of the date of filing a statement of claim – if the value of claim is denominated   in foreign currency.
In this case a sole arbitrator and a reserve sole arbitrator shall be appointed by the Chairman of the Arbitration.
4. Failing an agreement of the parties to the contrary, if two or more claimants or respondents are parties to a dispute and the dispute is to be resolved by a panel of arbitrators, one arbitrator shall be appointed from the claimants and respondents respectively in accordance with subpara.1 para.2 of this Article. 
5. A person not included into the Arbitration’s List of Arbitrators can not be considered to be appointed as an arbitrator for resolution of a specific dispute in case of non-compliance with the requirements provided for by para.3 Art. 10.
 
Article 19. Grounds for challenge of an arbitrator
 
1.   A challenge of an arbitrator may be made in case of non-observance of requirements provided for by Article 15 of these Rules.
2.   The parties may, at their discretion, agree on a procedure of challenging an arbitrator subject to compliance with para.3 of this Article.
3.   A party may challenge an appointed arbitrator only if the circumstances which served as the ground for a challenge have become known to such party after the appointment of the challenged arbitrator. If the procedure of challenging an arbitrator has not been agreed upon by the parties, a written reasoned statement of challenge of an arbitrator shall be submitted by a party within 7 days after the grounds for such challenge became known to the party. The issue of challenging an arbitrator shall be resolved by an arbitral tribunal and prior to formation of an arbitral tribunal – by the Presidium of the Arbitration.
 
Article 20. Termination of the powers of an arbitrator
 
1.  Powers of an arbitrator may be terminated by agreement of the parties, in connection with self-recusal of an arbitrator or a challenge of an arbitrator on the grounds set forth in Article 19 of these Rules, as well as in case of death of an arbitrator. 
2.  Powers of an arbitrator shall be terminated upon passing an award in a specific dispute. In cases provided for by Article 55 of these Rules the powers of an arbitrator shall be resumed and thereafter shall be terminated upon commitment of actions provided for by that Article. 
3.  The grounds for termination of powers of an arbitrator by agreement of the parties as well as for self-recusal of an arbitrator shall be a legal or actual incapacity of an arbitrator to participate in dispute resolution, or other reasons due to which an arbitrator does not take part in dispute resolution for an unreasonably long period of time. The issue of termination of the powers of an arbitrator on grounds specified in this paragraph may be decided by the Presidium of the Arbitration on its own initiative.
 
Article 21. Replacement of an arbitrator
 
1.  In case of termination of the powers of an arbitrator his/her functions shall be performed by a reserve arbitrator appointed according to the procedure specified in Article 18 of these Rules. 
2.  Upon replacement of an arbitrator the arbitral proceedings shall continue, unless otherwise provided for by the agreement of the parties or unless the arbitral tribunal considers necessary to conduct the arbitral proceedings from the very beginning.
 
Chapter IV. Costs related to dispute resolution
 
Article 22. Structure, amount and procedure of payment of costs
 
1. Costs related to dispute resolution (hereinafter referred to as arbitration costs) shall include:
1) an arbitration fee;
2) additional costs related to dispute resolution.
2. Structure and amount of an arbitration fee and additional costs related to dispute resolution as well as the procedure of their payment shall be determined in accordance with the Schedule of Arbitration Costs (exhibited to these Rules).  
 
Article 23. Distribution of costs
 
1. Arbitration costs shall be distributed by an arbitral tribunal between the parties in accordance with the agreement between the parties, and failing such an agreement, in proportion to satisfied and dismissed claims or in accordance with any other procedure established under these Rules.  
2. Arbitration costs of a party in which favour the arbitral tribunal has passed its award, including the costs of legal representation, may be attributed by the arbitral tribunal to the other party, if a claim for reimbursement of the incurred costs has been made in the course of arbitral proceedings. Arbitration costs incurred by a party as a result of unreasonable or bad faith actions (or omission) of the other party, including action (omission) which caused an unreasonable protraction of the arbitral proceedings, may be attributed by the arbitral tribunal to the party which has admitted such actions (omission). 
3. Distribution of arbitration costs shall be fixed in the award or in the ruling of the arbitral tribunal.
 
Chapter V. Arbitral proceedings
 
Article 24. Principles of arbitral proceedings
 
Arbitral proceedings shall be conducted on the basis of principles of legitimacy, confidentiality, independence and impartiality of arbitrators, optionality, adversarial nature of proceedings and equality of the parties. 

Article 25. Establishment of the rules of arbitral proceedings
 
1. Arbitral proceedings in the Arbitration shall be conducted in accordance with the standards of these Rules, unless the parties have agreed on application of different rules of arbitral proceedings.
2. In respect of the issues not agreed upon by the parties and not governed by these Rules and federal laws, the rules of arbitral proceedings shall be established by the arbitral tribunal and prior to formation of the arbitral tribunal – by the Presidium of the Arbitration. 
 
Article 26. Place of arbitral proceedings
 
1. The parties may at their discretion agree upon the place of arbitral proceedings.
2. Unless the parties have agreed otherwise, the place of arbitral proceedings shall be the seat of the Arbitration (para.4 Art.1 of these Rules). In the absence of any objections by the parties, an arbitral tribunal may also convene in any other place which it considers appropriate taking into account all circumstances of the case.
 
Article 27. Language of arbitral proceedings
 
1. Unless the parties have agreed otherwise, arbitral proceedings shall be conducted in the Russian language.
2. A party submitting the documents and other evidence not in the language of the arbitral proceedings shall arrange for their translation.
3. An arbitral tribunal may demand from the parties the translation of documents and other evidence into the language of arbitral proceedings.
 
Article 28. Confidentiality of arbitral proceedings
 
1. The Chairman and Vice-Chairmen of the Arbitration, members of the Presidium of the Arbitration, staff of the Secretariat, arbitrators are not allowed to disclose information which has become known to them in the course of arbitral proceedings, without consent of the parties or their successors. 
2. An arbitrator may not be interrogated as a witness concerning information which has become known to him/her in the course of arbitral proceedings.
 
Article 29. The parties and other participants to arbitral proceedings
 
1. The parties to arbitral proceedings are the claimant and the respondent. The parties to arbitral proceedings may be, but not limited to, organizations and natural persons, including foreign ones, which have filed a claim with the Arbitration for protection of their rights and interests or against whom the claim has been filed. 
2. Along with the parties, participants to the arbitral proceedings may be the parties’ representatives, third parties, experts, witnesses, interpreters and secretary of the arbitration hearing. The cases and procedure of participation of third parties, experts, witnesses, interpreters and other persons in the arbitral proceedings shall be established in accordance with these Rules.
 
Article 30. Participation of third parties
 
1. Participation of a third party in arbitral proceedings shall be permitted only with the parties’ consent. In order to involve a third party in arbitral proceedings the consent of such party shall be obtained along with the consent of the parties. 
2. Request for involvement of a third party, consent to involvement of a third party and consent of such third party shall be made in writing.
3. A third party involved in arbitral proceedings shall have the rights and bear the duties of a party, save for the right to appoint an arbitrator and a reserve arbitrator, the right to amend or supplement the claims, to make settlement agreement, to file a counter-claim, to seek enforcement of an award.
4. An arbitral tribunal shall pass a ruling on involvement of a third party in arbitral proceedings.
 
Article 31. Representation
 
1. Matters of organizations shall be handled in the Arbitration by their bodies acting in accordance with the federal law, other regulatory legal act or constituent documents of such organizations. Natural persons have the right to handle their cases in the Arbitration personally or through their representatives.
2. As a representative in arbitral proceedings may act a legally capable person with duly formalized and confirmed authorities to hold a brief. 
3. A representative is authorized to undertake in the name of the person represented by it all acts related to dispute resolution, save for the acts listed in paragraph 4 of this Article, unless otherwise specified in the power of attorney or any other document determining the powers of a representative. 
4. The right of a representative to sign a statement of claim and a statement of defence, an application for interim relief, to refer a case to arbitration, fully or partially abandon the claims and admit the claim, to change the cause or subject-matter of action, to make settlement agreement and to sign an agreement on actual circumstances, to transfer its powers to another person (delegation of authority) should be specifically laid down in the power of attorney issued by a represented person or any other document specifying the authorities of a representative.
 
Article  32. Commencement of arbitral proceedings
 
1. Unless the parties have agreed otherwise, arbitral proceedings under a specific dispute shall commence on the date of acceptance of a statement of claim filed with the Arbitration.
2. The issue of acceptance of a statement of claim shall be decided by the Chairman of the Arbitration. 
3. The Chairman of the Arbitration shall pass a ruling on acceptance of a statement of claim which gives rise to initiation of proceedings in the case and commencement of arbitration.
 
Article 33. Statement of claim
 
1. In its statement of claim which is submitted to the Arbitration in writing the claimant shall formulate its claims.
2. A statement of claim shall indicate:
1) the date of the statement of claim;
2) names and places of business of organizations which are the parties to arbitral proceedings; names and last names, dates and places of birth, domicile and places of work of natural persons-parties to arbitral proceedings;
3) substantiation of jurisdiction of an arbitral tribunal;
4) claims of the claimant;
5) circumstances on which the claimant bases its claims;
6) evidence proving the grounds for claims;
7) value of a claim;
8) a list of documents enclosed to the statement of claim and other evidence.
The statement of claim shall be signed by the claimant or its representative. If the statement of claim is signed by the claimant’s representative the power of attorney or any other document proving the powers of the representative shall be enclosed to the statement of claim.  
 
3. The following documents shall be enclosed to the statement of claim:
1) a document proving payment of an arbitration fee in accordance with the established procedure and in the fixed amount;
2) documents and other evidence confirming the circumstances on which the claimant bases its claims;
3) the power of attorney or any other documents proving the authorities to sign a statement of claim.

4. A party may amend or supplement its claims in the course of arbitral proceedings.
 
Article 34. Statement of defence
 
1. The respondent has the right to submit to the claimant and to the Arbitration its statement of defence having set forth therein its objections to the claims. If in accordance with these Rules the deadline for submission of the statement of defence is not established, such statement of defence shall be submitted prior to the first session of the arbitral tribunal.
2. A party may amend or supplement its objections to the claim in the course of arbitral proceedings
 
Article 35. Value of a claim
 
1. Value of a claim shall be determined:

1) under the claims for recovery of monetary funds – basing on the amount to be recovered; 
2) under the claims for reclamation of the property – basing on the value of the reclaimed property;
3) under other claims – basing on the available data about property interests of the claimant. 
The value of a claim consisting of several separate reliefs sought shall be determined by the amount of all reliefs sought.

2.  The value of a claim shall be set by the Claimant. In case of incorrect indication by the claimant of the value of claim it will be determined by the Arbitration. 
 
Article 36. Rectification of defects of the statement of claim
 
1. In case if the statement of claim filed with the Arbitration does not correspond to Article 33 of these Rules, the Secretariat of the Arbitration may suggest the claimant removing the defects within the established time limit not exceeding as a rule 7 days of the date of receipt of the mentioned suggestion.
2. In case of the claimant’s failure to remove the defects of the statement of claim within the established time limit, the Arbitration may return the statement of claim to the claimant.
 
Article 37. Notification of the respondent of arbitral proceedings
 
The Secretariat of the Arbitration shall notify the respondent of the commencement of arbitral proceedings and shall send to the respondent the copies of the statement of claim and the documents and other evidence enclosed to it. At the same time the respondent shall be offered to appoint an arbitrator and a reserve arbitrator in accordance with Article 18 of these Rules as well as to submit its statement of defence.

Article 38. Counterclaim and offset of counterclaims
 
1. The respondent may file a counterclaim against the claimant provided that there is a causal relationship between the counterclaim and the claimant’s claims as well as that the counterclaim may be examined by an arbitral tribunal in accordance with the arbitration agreement. The counterclaim may be brought in the course of arbitral proceedings prior to an award of the arbitral tribunal, unless the parties have agreed upon a different time limit for bringing a counterclaim. 
2. A counterclaim shall be brought according to the standards provided for by these Rules for filing a claim.
3. The claimant may raise objections to a counterclaim (Article 34 of these Rules).
4. The arbitral tribunal shall return a counterclaim, if the requirements set forth in para.1 of this Article have not been met. The arbitral tribunal shall pass a ruling on dismissal of the counterclaim.  
 
Article 39. Adoption of interim measures
 
1. Unless the parties have agreed otherwise, the arbitral tribunal, and prior to formation of the arbitral tribunal – the Chairman of the Arbitration - may at the request of either party rule on the adoption by such party of any such interim measures in respect of the subject-matter of the dispute as it considers appropriate.
2. Based on the results of examination of the request for interim measures a ruling shall be passed by the arbitral tribunal, and prior to formation of the arbitral tribunal – a resolution of the Chairman of the Arbitration.
 
Article 40. Evidence
 
1. Each party shall prove the circumstances to which it refers in support of its claims and objections.
2. As evidence shall be admitted written evidence, pleadings of the parties, opinions of experts, witness statements, other documents and materials relevant for proper dispute resolution. 
3. Written evidence shall be submitted in original or as a duly certified copy. 
4. The arbitral tribunal may suggest to the parties producing additional evidence if it considers the submitted evidence to be insufficient. In cases provided for by these Rules the said powers may be exercised by the presiding arbitrator. 
 
Article 41. Submission of documents
 
1. Documents and other evidence relevant to the arbitral proceedings shall be submitted to the Arbitration:
1) in three copies – under the disputes resolved by a sole arbitrator;
2) in five copies – under the disputes resolved by a panel of arbitrators.

2. Unless the parties have agreed otherwise, copies of documents and other evidence submitted to the arbitral tribunal by one party shall be delivered to the other party. 
 
Article 42. Referral of disputes to the arbitral tribunal
 
1. Upon acceptance of the statement of claim and constitution of the arbitral tribunal the Chairman of the Arbitration shall pass a resolution on referral of the dispute for examination by the arbitral tribunal. 
2. The resolution on referral of the dispute for examination by the arbitral tribunal shall indicate the composition of the arbitral tribunal, the date, time and place of the arbitration hearing. 
 
Article 43. Preparation of the case for arbitration hearing
 
1. Preparation of the case for the hearing shall be carried out by the arbitral tribunal with a view to secure due and timely resolution of the dispute. Preparation of the case for hearing by the arbitral tribunal resolving the dispute collectively shall be carried out by the presiding arbitrator.  
2. In preparing the case for the hearing the arbitral tribunal may decide on the issues of obtaining additional evidence from the parties, if necessary.
3. The arbitral tribunal may give to the Secretariat of the Arbitration instructions in connection with preparation of the case for the hearing.
 
Article 44. Arbitration hearing
 
1. Unless the parties have agreed otherwise and unless otherwise provided for by these Rules, the arbitral proceedings shall be conducted in the course of arbitration hearings in the presence of the parties or their representatives. 
2. Each party shall be granted equal opportunities to state its case and protect its rights and interests.
3. The parties shall be notified in advance of the date, time and place of the arbitration hearing. The notification shall be sent and delivered according to the procedure provided for by Article 7 of these Rules.
4. Unless the parties have agreed otherwise, the arbitral tribunal shall resolve a dispute in closed session. Along with the parties, the persons indicated in paragraph 2 Article 29 of these Rules may take part in the arbitration hearings in case of their involvement in the arbitral proceedings under the dispute. 
5. The procedure of conducting the arbitration hearings shall be established by the arbitral tribunal with due regard to the parties’ opinion.  
  
Article 45. Resolution of dispute without summoning the parties
 
At the request of the parties the arbitral tribunal may resolve the dispute without summoning the parties on the basis of the evidence on file. In this case the minutes of the hearing shall not be drawn up.

Article 46.Failure to submit the documents or failure to appear
 
1. Failure to submit the documents or other evidence, including failure of the parties or their representatives duly notified of the date, time and place of the arbitration hearing to appear before the arbitral tribunal shall not be an impediment to the arbitral proceedings and shall not preclude the arbitral tribunal from making an award, if the reason for non-submission of documents and other evidence or non-appearance of the parties or their representatives before the arbitral tribunal is recognized by it as non-excusable. 
2. Failure of the respondent to appear before the arbitral tribunal and failure of the respondent to submit its response to the statement of claim may not be considered as recognition of the claimant’s claims.
 
Article 47. Appointment and carrying out of expert examination
1. Unless the parties have agreed otherwise, the arbitral tribunal may order expert examination for clarification of the issues arising in the course of dispute resolution which require special knowledge and may demand from either party submission of documents, other materials or items required for expert examination.
2.  Unless the parties have agreed otherwise, a candidacy of an expert as well as the issues to be clarified in the course of expert examination shall be determined by the arbitral tribunal with due regard to the opinion of the parties. 
 
Article 48. Adjournment of dispute resolution
 
1.  The arbitral tribunal may adjourn the resolution of the dispute at the request of a party to the arbitral proceedings or on its own initiative. 
2.  The arbitral tribunal shall pass a ruling on the adjournment of the dispute resolution. 
 
Article 49. Minutes of the arbitration hearing
 
1.  Unless the parties have agreed otherwise and unless otherwise provided for by these Rules, record-keeping shall be arranged at the hearing, generally with the use of audio recording equipment and the minutes of the hearing shall be made in writing. 
2.  Record-keeping in the course of the arbitration hearing and minutes of the hearing shall be made by the secretary of the arbitration hearing. The functions of the secretary of the arbitration hearing shall be generally fulfilled by the executive secretary of the Arbitration.  
3.  Audio record is an additional way of fixation of information in the course of the arbitration hearing, a tangible medium of audio record shall not be attached to the minutes and shall not be submitted to the participants of the arbitral proceedings for familiarization.
4.  The minutes shall be drawn up within 5 days of the date of the arbitration hearing at the most and shall be signed by the presiding or the sole arbitrator and the secretary of the arbitration hearing.
5.  The parties have the right to familiarize themselves with the minutes of the arbitration hearing and make an application for introduction of amendments into the minutes.   The said application may be made within 3 days after signature of the minutes and shall be considered by the presiding arbitrator (sole arbitrator).
Based on the results of examination of the application the presiding arbitrator (sole arbitrator) shall pass a ruling.  
 
Article 50. Termination of the arbitral proceedings
 
1. The arbitral proceedings shall be terminated by a final award or by a ruling of the arbitral tribunal, except for the cases provided for by paragraph 3 of this Article.
2. The arbitral tribunal shall pass a ruling on termination of the arbitral proceedings in the case if: 
1) the claimant withdraws its claim, unless the respondent raises objection to the termination of the arbitral proceedings in connection with its legitimate interest in resolution of the dispute on the merits; 
2) the parties have reached an agreement on termination of the arbitral proceedings;
3) the arbitral tribunal has passed a ruling that it has no jurisdiction to examine the dispute referred to it;
4) the organization which is a party to the arbitral proceedings has been liquidated;
5) a natural person which is a party to the arbitral proceedings has died or has been announced dead or recognized missing;
6) there is an effective decision of the court of general jurisdiction, commercial court or arbitration court rendered in the dispute between the same parties, on the same subject-matter and on the same grounds;
7) the arbitral tribunal finds that continuation of the arbitral proceedings has for some reasons become impossible or unnecessary.

3. Prior to formation of the arbitral tribunal the arbitral proceedings shall be terminated by the resolution of the Chairman of the Arbitration. The arbitral proceedings may be terminated according to the procedure established by the Presidium of the Arbitration on the motion of the Chairman of the Arbitration, if termination of the arbitral proceedings under the procedure provided for by paragraph 1 of this Article is impossible for some reasons. 
 
Chapter VI. Award of the arbitral tribunal
 
Article 51. Passing of an award by the arbitral tribunal
 
1. When resolving the dispute on the merits the arbitral tribunal shall render an award, unless these Rules provide otherwise.
2. In case if the arbitral proceedings are conducted by a panel of arbitrators any award of the arbitral tribunal shall be passed by the majority of arbitrators. 
3. The award shall be announced at the arbitration hearing. The arbitral tribunal may announce only the operative part of the award, in full or, in the absence of any objections of the parties, in part. In this case the arbitral tribunal shall announce when the award is executed in full.
4. The arbitral tribunal may, if it considers this necessary, postpone the rendering of an award and summon the parties to an additional hearing subject to compliance with Article 44 of these Rules.
5. An award of the arbitral tribunal shall be considered adopted at the place of the arbitral proceedings and on the date when it was signed by the arbitrators who form the arbitral tribunal, including the arbitrator who has a dissenting opinion. If the arbitral proceedings were conducted by a panel of arbitrators the award shall be considered adopted if it is signed by the majority of arbitrators-members of the arbitral tribunal, subject to indication of an excusable reason for the absence of signatures of other arbitrators.  
 
Article 52. Amicable settlement
 
1. The parties may resolve the dispute by making a settlement agreement, if this does not contradict the federal law. The settlement agreement shall be approved by the arbitral tribunal. The issue of approval of the settlement agreement shall be examined by the arbitral tribunal at the request of the parties with observance of Article 44 of these Rules. 
2. The arbitral tribunal shall pass a decision on approval of the settlement agreement, unless it is not in conflict with the federal law and other regulatory legal acts and does not violate the rights and legitimate interests of other persons. The decision on approval of the settlement agreement shall indicate the approval of the settlement agreement and set forth its contents. If the settlement agreement is silent about distribution of arbitration costs, the arbitral tribunal shall decide this issue in accordance with these Rules (Article 23 of these Rules) and shall fix distribution of arbitration costs in the award. Decision on approval of the settlement agreement has the same effect and shall be enforced just as any award of the tribunal on the merits. The rules set forth in these Rules concerning the award of the arbitral tribunal shall apply to the decision on approval of the settlement agreement taking into account this paragraph.
 
3. The arbitral tribunal shall pass a ruling on refusal to approve the settlement agreement.
 
Article 53. Form and contents of the arbitral award
 
1. The arbitral award shall be made in writing. A dissenting opinion of an arbitrator shall be drawn up as a separate document and shall be attached to the award of the arbitral tribunal. 
2. The arbitral award shall consist of the introductory, narrative, reasoning and operative parts. The introductory part of the award shall contain the following: 
- name of the Arbitration;
- composition of the arbitral tribunal and procedure of its formation, name and last name of the person who kept records of the arbitration hearing;
- file number, date and place of the award;
- subject-matter of the dispute;
- names and places of business of organizations which are parties to the arbitral proceedings; names and last names, dates and places of birth, domicile and places of work of natural persons who are parties to the arbitral proceedings;
- names and last names of the parties’ representatives with indication of their powers and other persons present at the arbitration hearing (hearings);
The narrative part of the award shall contain the following:
- substantiation of jurisdiction of the arbitral tribunal;
- claims of the claimant and objections of the respondent, requests of the parties.
The reasoning part of the award shall contain:
- circumstances of the case established by the arbitral tribunal;
- evidence which underlie the conclusions of the arbitral tribunal about such circumstances;
- federal laws and other regulatory legal acts by which the arbitral tribunal was guided in passing its award.
The operative part of the award shall contain the findings of the arbitral tribunal on satisfaction or dismissal of each of the reliefs sought, indication to the effect that the award is final, unchallengeable and becomes effective immediately after its adoption. The operative part shall fix the amount of arbitration costs and their distribution between the parties and, if necessary, the time and procedure of enforcement of the award. In case of full or partial satisfaction of the initial claim and counterclaim the operative part of the award shall fix the amount to be recovered as a result of offset.  
 
Article 54. Delivery of the award
 
Unless the parties have agreed upon a different time period for delivery of the award, the reasoned award shall be delivered to the parties within the time period not exceeding 30 days of the date of the arbitration hearing at which the award was announced in full or in part (para.3 Article 51 of these Rules).
 
Article 55. Correction and interpretation of the award.  Additional award
 
1. On its own initiative or at the request of either party, the arbitral tribunal may correct any slips, misprints or arithmetic errors contained in the award.
The arbitral tribunal shall pass a ruling on correction of any slips, misprints or arithmetic errors which shall be an integral part of the award.
2. Unless the parties have agreed otherwise, either party may apply to the Arbitration within 7 days of the receipt of the award with a request for interpretation of the award, having notified the other party thereof. The application for interpretation of the award shall be examined within 15 days of the date of its receipt by the arbitral tribunal which resolved the dispute. The arbitral tribunal may interpret the award it has made without changing its contents.  Based on the results of examination of the respective application, the arbitral tribunal shall pass a ruling on interpretation of the award which shall be an inherent part of the award or a ruling on refusal to interpret the award.
3. Unless the parties have agreed otherwise, either party may, with due notification of the other party thereof, apply to the Arbitration within 7 days of the receipt of the award with a request to pass an additional award in respect of the claims which were raised in the course of the arbitral proceedings but were not reflected in the award. Such application shall be examined by the arbitral tribunal which resolved the dispute within 15 days of the date of its receipt by the arbitral tribunal. Based on the results of examination of the respective application, the arbitral tribunal shall either pass an additional award which shall be an inherent part of the award or a ruling on refusal to satisfy the application for passing an additional award.

Article 56. Entry into effect and binding character of the arbitral award
 
1. The arbitral award shall come into effect on the date when it was rendered.
2. The arbitral award is final and binding upon the parties. The parties to the arbitral proceedings shall undertake to execute the award of the arbitral tribunal of one’s own free will. The parties and the arbitral tribunal shall do their best in order the award is legally enforceable. 
3. The award of the arbitral tribunal shall not be subject to challenge.
 
Article 57. Ruling of the arbitral tribunal
 
1. In cases provided for by these Rules and in other cases the arbitral tribunal shall pass the rulings on issues not related to the merits of the dispute. In cases provided for by para. 4 Art. 40 and para. 5 Art. 49 of these Rules, subject to collective dispute resolution, the ruling may be passed by the presiding arbitrator.
2. The ruling shall be passed by the arbitral tribunal in writing as a separate document or as a protocol ruling. The protocol ruling shall be announced orally and shall be placed on records of the arbitration hearing. 
3. The ruling of the arbitral tribunal shall come into effect on the date of its adoption and shall be immediately enforceable, unless otherwise established by the arbitral tribunal.
 
Article 58. Storage of awards and files
 
1. Files of the cases resolved by the Arbitration shall be kept in the Arbitration within five years from the date of termination of the arbitral proceedings. 
2. The award in the dispute resolved by the Arbitration shall be kept in the Arbitration permanently, unless otherwise provided for by the federal law.  
 
Chapter VII. Execution and enforcement of awards of the arbitral tribunal
 
Article 59. Execution of the award of the arbitral tribunal
 
1. The award of the arbitral tribunal shall be executed voluntarily according to the procedure and within the time periods established in the award. 
2. If no time period is fixed in the award of the arbitral tribunal, it shall be executed immediately. 
 
Article 60. Enforcement of the award of the arbitral tribunal
 
1. If the award of the arbitral tribunal has not been executed within the established time period of one’s own free will, it shall be enforced.
2. Request for issuance of a writ of execution for the enforcement of the award shall be filed in accordance with the procedure established by the federal law.



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