ASSOCIATION “JURIDICHESKY CENTER”  to the MAIN page


about association

Jurcenter Nauka

Jurcenter Arbitration Court

Jurcenter Press

bookstore on-line

Jurcenter Audit

Jurcenter Real Estate

legal translation

guestbook

contacts

search

  |   Arbitrators   |   Appendix




Watch the note
 

adopted by the general meeting
of the autonomous
non-profit organization
“Juridical Centre IUS”
on October 03, 2002

      TERMS

       For the purposes of these Rules the following terms shall have the following meaning:
      “the Arbitrators' Board”  — the arbitrators elected by the parties to the dispute or appointed by the Arbitration Court for the purposes of resolution of particular dispute.
      “the Arbitration clause” — the clause, made in a form of the Arbitration agreement, recognizing the jurisdiction of the Arbitration Court over the dispute.
      “the Arbitration agreement” — the agreement containing the Arbitration clause, made in written by way of incorporation of the Clause into the text of the contract or other document, and duly verified by the parties to the dispute by signing, exchanging letters or by any other way recognized by the relevant applicable law.
      “the Arbitration Court” or “the Court” — the international arbitration court of the Juridical Center IUS (St. Petersburg, Russian Federation) founded and administered by the non-profit autonomous organization “Juridical Center IUS”.

      ARBITRATION CLAUSE**

      A.Model Arbitration Clause
     “Any dispute, controversy or claim arising out of or relating to this contract or the breach, termination, invalidity thereof, shall be finally settled by the International Arbitration Court of the Juridical Centre IUS in accordance with its Rules.”.

      As required the parties may make the following additions to the clause: The arbitration shall be composed of … arbitrators (a sole arbitrator). The place of arbitration shall be … The language to used in the arbitral proceedings shall be …

      B.Model Governing Law Clause
      This Contract (agreement, treaty) shall be governed by the substantive law of … (designate jurisdiction)

  1. GENERAL PROVISIONS

    1. The International Arbitration Court of the Juridical Center IUS, hereinafter referred to as “the Court”, is a permanent arbitration court, founded and administered in accordance with the Russian laws on the international commercial arbitration, arbitration courts and in accordance with relevant international acts.
    2. The Court is established for the purposes of settling any disputes that can fall into jurisdiction of an arbitration court under the laws of Russian Federation, particularly, disputes arising out of civil, commercial and other relationship between organizations, between citizens, and between citizens and organizations, irrespective of their location, citizenship, and being private or public persons.
    3. The Court shall act according to these Rules..
    4. When considering foreign participation disputes as well as investment disputes, the Court shall be regarded as an arbitration body formed according to the UNCITRAL Arbitration Rules.
    5. The Court shall accept disputes for settlement if there is an agreement in writing between the parties to refer the dispute to the Court.
    6. The term “agreement in writing” (hereinafter may be referred to as “the Arbitration agreement”) shall mean the arbitration clause agreed by the parties to the dispute in writing: by the way of incorporation in the contract or other document, exchanging letters or by any other way recognized by the relevant applicable law.
    7. The disputes referred to the Court shall be settled according to the substantive law defined by the parties' agreement. In case there is no such agreement, the applicable substantive law shall be defined by the Arbitrators' Board.
    8. The hearings on the dispute referred to Court may take place, and judgement on such dispute may be made at any country and any city thereof that may be defined by the parties. In case the parties have not defined this, the Court shall define the place for the hearings and/or making the judgement.
    9. The Court's judgement shall be made, and come into force in accordance with rules provided in par. 5.2.1 of these Rules.

  2. STRUCTURE OF THE COURT

    1. The Court shall consist of a Chairman, one or several Deputy Chairmans, arbitrators and secretariat.
      1. In relate to any disputes administered by the Kazakhstan office of the Court, the authority of the Chairman of the Court is executed by the relevant Deputy Chairman.
    2. The Chairman of the Court, and in his absence the Deputy Chairman, shall represent the Court in all state bodies, organize the Court's activity and perform other acts stipulated by these Rules.
    3. The arbitrators shall be persons included in the list of arbitrators and having indispensable special knowledge in the field of private law and arbitration.
      1. The Chairman of the Court shall make any arbitrator included into, or excluded from the list of arbitrators after previous discussing this with the members of the Court.
    4. The secretariat of the Court shall keep the records of the Court. The secretariat shall be appointed by the Chairman of the Court or by the Chairman's deputy.
    5. Language of the Arbitration proceedings
      1. The Arbitrators' Board***, after its appointment, shall make a decision on the issue of the language or languages to be used in the specific arbitral proceedings which also shall apply to the statement of claim and any further written or oral statements.
    6. Documents to be submitted by the Parties
      1. The party wishing to institute arbitral proceedings (hereinafter “the Initiating Party”) shall file with the Court the statement of claim stating:
        1. the date and number of the statement of claim;
        2. the name of the Court and names of the parties to the dispute,
        3. the mailing addresses and bank details of the parties to the dispute;
        4. the amount in dispute, if the dispute is subject to monetary evaluation;
        5. the specific relief sought;
        6. the circumstances on which the claimant relies and the evidence thereof;
        7. the reasonable estimation of the claim(s);
        8. the rules of the legislative and other legal acts the claimant bases its claim on;
        9. the list of the documents annexed to the statement of the claim. 2.6.2. In addition, the Initiating Party shall submit to the Court:
          1. the original or duly certified copies of the documents annexed to the statement of claim;
          2. the evidence of forwarding a copy of the notice of the claim to the participants of the arbitral proceedings;
          3. the evidence of existence of the Arbitration agreement referring the dispute to the Court.
      2. All documents to the case shall be submitted in written, duly executed, one copy for each party and two copies for the Court.
      3. The Arbitrators' Board may order that the Arbitration agreement and/or any documents submitted, as a proof to the case, shall be accompanied by a written and duly verified translation into the language of arbitral proceedings.
      4. As required, before the commencement of the arbitral proceedings the parties shall sign the arbitration agreement on the members of Arbitrators' Board, place and time of the hearings.
    7. Time limits for the Arbitral Proceedings
      1. The Court shall ensure that the arbitral proceedings are completed within twenty days, from the date when the members the Arbitrators' Board are appointed and approved by both parties.
    8. Arbitration Costs and Fees
      1. Arbitration costs and fees, their amount, order of depositing and distribution between the parties shall be provided in the Provision for Arbitration Costs and Fees Payable as Indemnification incorporated herein (see the Appendix).

  3. PROCEDURE FOR APPOINTING THE ARBITRATORS' BOARD

    1. The procedure for appointing the Arbitrators' Board shall be initiated by the Initiating Party by submitting the evidence of the other party's consent to such proceedings to the Court (such evidence shall be the Arbitration clause in a form of separate written agreement or incorporated into the contract or any other document).
    2. Appointment of the Arbitration Board
      1. The Arbitrators' Board may consist of one or three arbitrators.
      2. The procedure for appointing the Arbitrators' Board shall be provided by the parties in the Arbitration agreement.
      3. Where the parties have not provided in the Arbitration agreement the number and other criteria for appointment of the Arbitrators' Board and/or the procedure of its appointment, the Initiating Party shall:
        1. appoint one arbitrator from the list of the Court;
        2. send the other party, along with the statement of claim, the general list of the arbitrators of the Court**** for appointment of other arbitrator;
        3. enclose with the statement of claim the letter stating the name of the arbitrator appointed by the Initiating Party and request to the other party to appoint the other arbitrator within fifteen days from the receipt of the list.
      4. If the other party fails to appoint an arbitrator within the term specified in subparagraph c), paragraph 3.2.3, the Initiating Party shall have the right to request the Chairman of the Court to establish the composition of the Arbitration for the case.
      5. If the parties have not appointed the third arbitrator the latter shall be appointed by two arbitrators appointed by the parties.
      6. If for any reason the appointment of the arbitrators cannot be made by the parties within thirty days from the date of filing of the statement of claim, the arbitrators shall be appointed by the Chairman of the Court.
    3. Arbitrators' Impartiality and Independence
      1. Each arbitrator, invited to consider the case, shall sign a declaration of absence of any circumstances likely to give rise to justifiable doubts as to his impartiality and independence.
      2. A person asked to accept appointment as an arbitrator shall, in a written statement, disclose to the parties any facts and circumstances likely to give rise to justifiable doubts of the arbitrators as to his impartiality and independence.
      3. If an arbitrator becomes aware of any facts and circumstances referred to in paragraph 3.3.1, in the course of the arbitral proceedings, he must immediately inform, in writing, the other arbitrators and the parties thereof.
      4. An arbitrator shall be entitled to notify of a refusal to accept appointment involving sufficient reasons for that.
      5. Any arbitrator may be rejected if there are circumstances that give rise to justifiable doubts as to the arbitrator's impartiality and independence.
    4. In the event that an arbitrator is prevented from de jure or de facto fulfilling his duties or fails to perform it in an adequate manner, the Chairman of the Court shall be entitled to replace the arbitrator, submitting this to the parties' approval.

  4. ARBITRAL PROCEEDINGS

    1. Place of Arbitration
      1. Unless the parties have agreed upon the place where the arbitral proceedings are to be held, the Arbitrators' Board shall determine such place.
      2. The Arbitrators' Board may:
        1. specify the location of the arbitral proceedings within the country, submitting this to the parties' approval;
        2. conduct arbitrators' travelling sessions to inspect the evidence for a claim and to hear witnesses.
      3. The parties shall be given sufficient notice to enable them to be present at such inspection.
    2. Remedies to secure a claim
      1. At the request of the claimant the Arbitration may take any remedies to secure the claim.
      2. The Arbitrators' Board makes its decision on secure remedies in the form of a ruling or a preliminary judgement.
    3. Statement of Defence
      1. The respondent shall, prior to the beginning of arbitral proceedings, submit a Statement of Defence for each claim to the claimant and the arbitrators.
      2. The respondent shall, prior to the beginning of arbitral proceedings, submit a Statement of Defence for each claim to the claimant and the arbitrators.
      3. The respondent shall have right to make a counter-claim or to claim for the purpose of a set-off, arising out of the same contract.
      4. The rules of action proceedings in the Court shall apply to a counter-claim.
    4. Amendments to Claim or Defence
      1. During the course of the arbitral proceedings either party may request to amend or supplement his claim or defence.
      2. The Arbitrators' Board shall decide to accept or dismiss applications of the parties.
      3. The amended claim shall not fall outside the scope of the Arbitration clause or the Arbitration agreement.
    5. Pleas as to the Jurisdiction of the Court
      1. A plea that the Court does not have jurisdiction shall be raised at the beginning of the arbitral proceedings at the latest.
      2. The Arbitrators' Board shall have power to rule on objections that the Court has no jurisdiction, including any objections with respect to the existence or validity of the Arbitration clause or of the Arbitration agreement.
    6. Evidence
      1. The parties shall have the burden of providing the facts relied on to support their claim or defence.
      2. At any time during the arbitral proceedings the Arbitrators' Board may require the parties to produce documents, exhibits or other evidence within such period as the Arbitrators' Board shall specify.
      3. The arbitral proceedings shall be based upon all submitted documents, evidence and explanations of the parties, unless the parties in writing entrust the arbitrators to consider the case in their absence, on the basis of the documents submitted only.
    7. Appointment of Experts
      1. An expert shall be appointed when the circumstances important for making a case decision may be examined only on the basis of special scientific knowledge.
      2. An expert may be appointed by the Arbitrators' Board upon the reasonable application of a party or on the Board's own motion.
      3. The expert appointed by the Arbitrators' Board shall be a competent person who has no interest in the case.
      4. Each party participating in the arbitral proceedings shall have the right to define the issues the experts shall report on. The Arbitrators' Board shall define the final range of issues to be reported on.
      5. If a party deviates from participation in the examination or impedes it (fails to appear at the examination; fails to provide the experts with the materials required for the examination; disables the expert to examine the objects owned by such party), the Arbitrators' Board shall have the right to declare the fact, identification of which is the purpose of the examination, proven or disproved.
    8. Default of a party
      1. If any party duly notified of the place and the time of the hearing fails to appear at the arbitration hearing and fails to submit a reasonable application to postpone the hearing, such failure shall not prevent the Arbitrators' Board from proceeding.
    9. Procedural Rights of the Parties
      1. The parties or/and their authorised representatives participating in the arbitral proceedings shall have general procedural powers and act under the duly executed authority.
      2. Special powers of the parties' representatives (to refer the case to arbitration; to release the claim; to admit the claim; to change the subject-matter or ground of the claim; to conclude a settlement; to transfer power of attorney etc.) shall be expressly stipulated in the duly executed power of attorney.
    10. Closing of Hearing
      1. The Arbitrators' Board may, upon the application of a party or on its own motion, decide to reopen the hearings at any time before the award is made.
      2. If the parties have no further proof to offer or submission to be made or witnesses to be heard, the Arbitrators' Board shall declare the hearings closed.

  5. THE JUDGEMENT

    1. Procedure for making the Judgement and its form
      1. The Arbitrators' Board considering the dispute, subject to payment of the arbitration fee by the parties, shall resolve the dispute.
      2. In case if the dispute was considered by three arbitrators and they fail to decide it unanimously, a majority shall make the award.
      3. The judgement's resolute part shall be declared at the final sitting of the Arbitrators' Board.
      4. The judgement shall be made in writing.
      5. The judgement shall contain:
        1. the date on which and the place where the judgement was made;
        2. the names and authorities of the arbitrators;
        3. the full official names of the parties, first, last and patronymic names, and the positions of their representatives;
        4. the nature of the dispute;
        5. the statements and explanation of the persons participating in the proceedings;
        6. the circumstances of the case established by the Arbitrators' Board;
        7. the evidence the award is based upon;
        8. the governing law the Arbitrators' Board based on in making the judgement;
        9. the resolute section describing the award made by the Arbitrators' board;
        10. the distribution of amounts of the arbitration fee and others costs related to the proceedings;
        11. the terms and procedure for execution of the judgement.
      6. The judgement, when it is made and come into force, shall be delivered or sent to the parties within the following five days.
    2. Effect of the Judgement
      1. The judgement made by the Arbitrators Board shall be final. The judgement shall come into force from the moment of its registration in the head, St.-Petersburg, office of the Court.
      2. The parties shall execute the judgement voluntarily within the period specified therein. If no period is specified, the judgement shall be executed immediately.
      3. The claimant shall have the right to apply to the relevant state court for the executive document to enforce the arbitration award.
    3. Correction of the Judgement
        The Arbitrators' Board may on its own initiative or upon the application of a party correct any clerical error, misprint or other similar error in the text of the judgement.
    4. Additional Judgement
      1. Within ten days of receipt of the judgement, either party may request the Arbitrators' Board to make an additional judgement as to claims presented in the arbitral proceedings but omitted from the judgement. The other party must be notified thereof.
      2. If the Arbitrators' Board considers the request of the party for an additional judgement to be justified and considers that the omission can be rectified without any further hearings and evidence, it shall make an additional judgement within thirty days of receipt of the request.

  6. TERMINATION OF THE ARBITRAL PROCEEDINGS

    1. The arbitral proceedings shall be terminated by the Arbitrators' Board's ruling in the following cases:
      1. the claimant withdraws the statement of claim;
      2. an amicable agreement (settlement) is reached between the parties and approved by the Arbitrators' Board;
      3. it is impossible to solve the case;
      4. the case remains without progress for more that three months owing to the claimant's inaction.
    2. The order on termination of the arbitral proceedings shall be made either by the Arbitrators' Board or by the Chairman of the Court if the Arbitrators' Board has not been appointed.

  7. FINAL PROVISIONS

    1. A party who knows that any provision of, or any requirement under these Rules have not been complied with and yet proceeds with the arbitration without promptly stating his objection to such non-compliance, shall be deemed to have waived his right to object.
    2. In its arbitral activity the Court shall be governed strictly by the principles and spirit of the Law, and shall make all reasonable efforts to make fair decisions.


The Appendix to the Rules of arbitration of the International Arbitration Court locates on next page.



      * The International Arbitration Court of the Juridical Center “IUS” is founded and administered by the autonomous non-profit organization “ the Juridical Center “IUS”, St.-Petersburg, Russian Federation.
      ** Arbitration clause incorporated in the agreement (contract) and stipulating arbitral proceedings according to these Rules, shall be declared by the agreement (contract) independent of other terms of this agreement (contract). The arbitration clause shall survive the invalidity of this agreement (contract) by the Arbitration.
      **** The list of arbitrators shall be sent by any means which provide the confirmation of the receipt by the other party, for example, by registered letter with return receipt, international mail that provides the record of receipt by the addressee.


UpTo the Main page