Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation

STATUTE ON THE MARITIME ARBITRATION COMMISSION AT THE CHAMBER OF COMMERCE AND INDUSTRY OF THE RUSSIAN FEDERATION

Russian Federaion

Annex 2
Law on International Commercial Arbitration 7^th July, 1993, No 5338-1

STATUTE
ON THE MARITIME ARBITRATION COMMISSION
AT THE CHAMBER OF COMMERCE AND INDUSTRY OF THE RUSSIAN FEDERATION

1. The Maritime Arbitration Commission is an independent, permanently functioning arbitral institution (third-party tribunal) that carries out its functions in settling disputes falling within jurisdiction in accordance with Article 2 of this Statute, in conformity with the Law of the Russian Federation on International Commercial Arbitration. The Chamber of Commerce and Industry of the Russian Federation approves the Rules of the Maritime Arbitration Commission, the schedule of arbitration fees, the rates of arbitrators’ fees and other expenses of the Court, and assists the Court in other ways to discharge its duties.
2. The Maritime Arbitration Commission shall settle disputes arising from contractual and other civil law relationships in the area of merchant shipping, irrespective of whether the parties to a relationship include both Russian and foreign entities, or whether the parties are only Russian entities or only foreign entities. In particular, the Maritime Arbitration Commission shall settle disputes arising from relationships concerning the following matters:
   /1/ the affreightment of vessels, the carriage of goods by sea, and the carriage of goods in mixed navigation(river-sea);
   /2/ the maritime towage of vessels or other floating objects;
   /3/ maritime insurance and reinsurance;
   /4/ the sale of seagoing vessels and other floating objects, their repairs and maritime liens;
   /5/ piloting, conducting through ice, agencing or other servicing of seagoing vessels, as well as vessels of inland navigation to the extent that the relevant operations are connected with the sailing of such vessels on sea routes;
   /6/ the use of vessels for scientific research, extraction of minerals and hydrotechnical or other works;
   /7/ the salvage of seagoing vessels or of vessels of inland navigation by seagoing vessels, as well as the salvage in sea waters of vessels of inland navigation by other vessels of inland navigation;
   /8/ the raising of vessels and other property sunken in sea waters;
   /9/ collisions between seagoing vessels, or between a seagoing vessel and a vessel of inland navigation, or between vessels of inland navigation in sea waters, as well as the infliction by a vessel of damage to port installations, navigational aids and other objects;
   /10/ the infliction of damage to fishing nets or other fishing gear, as well as the infliction of other damage in conducting maritime fishery trade.
3. The Maritime Arbitration Commission shall hear disputes that the parties have agreed to refer to it.
   The Commission shall also hear disputes subject to its jurisdiction by virtue of international treaties of Russian Federation.
4. In matters subject to the jurisdiction of the Commission, the Chairman of the Commission may, at the request of a party, determine the amount and the form of the security for a claim and, in particular, may make a ruling to attach the other party’s vessel or cargo in a Russian port.
5. The awards of the Commission shall be carried out by the parties voluntarily. An award not carried out voluntary by a party shall be enforced in accordance with the law and international treaties.
6. The procedure for implementing decisions regarding the security in accordance with Article 4 of this Statute shall be determined by the Chairman of the Maritime Arbitration Commission upon the entry into force of the decision.
7. The Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation is the successor of the Maritime Arbitration Commission at the USSR Chamber of Commerce and Industry, established in 1930, and has the authority, in particular, to settle disputes under agreements of the parties referring to the Maritime Arbitration Commission at the USSR Chamber of Commerce and Industry.