Announces

Panel of Mediators in Conciliation Proceedings at the Chamber of Commerce and Industry of the Russian Federation

tel.: +7 (495) 620 02 52
fax: +7 (495) 620 01 53
E-mail: adr@tpprf.ru, mediation@tpprf.ru

Regulation of the Panel of Mediators in Conciliation Procedures at the Chamber of Commerce and Industry of the Russian Federation

Article 1. General Provisions

The Panel of Mediators for Conciliation Procedures (hereinafter referred to as “the Panel”) at the Chamber of Commerce and Industry of the Russian Federation (hereinafter referred to as "the Russian CCI") shall be a standing facility intended for extrajudicial mediation-based settlement of arising difficulties. The Panel shall resolve disputes and conflicts arising from or in connection with any entrepreneurial or other types of economic activity and also investment-related disputes which as may arise between governments and foreign investors, as well as any other disputes unless prescribed otherwise by International Treaties or Federal laws of the Russian Federation.

Article 2. Legislation

Article 3. Purpose and Objectives

The activity of the Panel shall be carried out primarily with the view of the following purpose and objectives:
- carrying out of mediation procedures;
- promoting mediation throughout the Russian Federation as an extrajudicial mean of disputes settlement;
- providing methodological aid and advice in legal matters to other facilities instituted with the system of the Chambers of commerce and industry for the purpose of peaceful settlement of disputes;
- arranging for continuation of the professional education for mediators;
- professional certification of mediators;
- maintaining business ties with Russian and foreign mediation centres and also with international organizations in the field of conciliation procedures.

Article 4. Scope of Authority

To the extent required for attaining the above purpose and objectives the Panel shall be entitled to:
- assist disputing parties in electing the mediator or, should they wish so, appoint the mediator to the procedure;
- provide the mediators’ with the Code of Ethics for implementation in carrying out mediation procedures;
- keep the Panel Members List;
- participate in the drafting of plans for laws and regulations applicable to alternative ways of disputes settlement;
- take part in Russian and also International conferences, seminars, panel discussions and/or any other events dealing with matters of mediation;
- co-operate with mass media with the object of promoting the use of mediation procedures;
- work out proposals on further improvement of the programs meant for continuing professional education of mediators.

Article 5. Rules of Forming

The structure of the Panel shall be formed only from individuals complying with the requirements of Federal Laws and whose expertise and qualification are adequate to those needed for acting in the capacity of mediators to conciliation procedures.
Any mediator in compliance with the requirements set forth in Article 5 (1) who is licensed as a professional by the Panel and records conducting of upwards of 20 approved conciliation procedures may be admitted to the Panel by way of preference.
The List of the Panel shall be periodically subject to approvals by the Russian CCI President, each time for the period of three years, as a Schedule to the Regulation of the Panel and it shall contain the mediators' surnames, names and patronymics as well as information on their professional activity. In the absence of approval of a new Panel List upon the expiration of above-specified term, the previous approved List shall remain effective till the approval of the new College List.
The List of the College Members may be made available to any concerned person.
Any persons other than put on the College Mediators List may also act as Mediators provided they are duly appointed to act as such by the parties to the respective Conciliation Procedures.

Article 6. Member’s General Meeting

The Panel Member’s General Meeting (hereinafter referred to as “the General Meeting”) shall be convened and held, as and when may be deemed necessary, for considering and solving of major issues pertaining to the activities of the Panel.
Any resolution acquired at the General Meeting shall be passed by simple majority of votes of the College Members present at such General Meeting subject to the presence of at least 25 per cent of the College membership at such General Meeting.
Decisions made at the General Meeting shall be documented by protocol.

Article 7. Presidium of the Panel

The Panel Presidium (hereinafter referred to as “the Presidium”) shall be formed as a body for the addressing and solving of urgent issues except for crucial questions that fall within the exclusive competence of the General Meeting.
The Presidium shall incorporate: Chairman and Vice Chairman as the two ex officio Presidium Members, plus two Members are to be elected for three year terms by the General Meeting and plus two Members as appointed by the Russian CCI President. The Presidium Meetings shall be chaired by President of the Panel of Mediators.
Notwithstanding the terms of office set forth herein any elected Presidium Member shall act as such until his successor is duly elected.
The Presidium Meetings shall be held in attendance by the Executive Secretary.
Any resolution acquired by the Presidium’s Meeting shall be passed by a simple majority of votes of the Presidium Members present at such Meeting subject to the presence of at least three Presidium Members including the Chairman. In the event of equality of votes the Presidium Chairman’s vote shall be casting.
Decisions made at the Presidium’s Meetings shall be documented by protocol.

Article 8. Corporate Executive Officers (President, Vice President, Executive Secretary)

The Panel shall be headed by the President thereof who shall be appointed by the Russian CCI President from among Panel’s Members.
President of the Panel of Mediators shall:
- organize and coordinate the activities of the Panel of Mediators;
- supervise the Panel’s Members activities for its compliance with this Regulation and also with the Panel Regulation, Charges and Costs Regulation and/or other regulatory legal acts as may be applicable;
- represent the Panel at various organizations in the Russian Federation and abroad.
The office of the Panel Vice President shall be held by persons as appointed, from time to time, by the Russian CCI.
The Panel Vice President shall participate in activities. The Panel Vice President shall substitute the President in his absence.
The Russian CCI shall appoint the Executive Secretary of the Panel for exercising this office functions as prescribed by this Regulation and the Rules of Procedure.
The Executive Secretary’s functions connected with organizing and conducting of conciliation procedures shall be exercised subject to this Regulation, the Rules of Procedure and reporting to the Panel President.

Article 9. Ethics Commission

The Ethics Commission of the Panel shall be set up as a body providing for the mediators’ compliance with the Code of Ethics and Professional Conduct in their activity.
The Ethics Commission shall incorporate the Panel President, plus two Commission Members as elected by the General Meetings, and plus one representative of the Russian CCI.

Article 10. Board of Experts and Context Specialists

The Board of Experts and Context Specialists of the Panel shall be set up for the purpose of proper organization of the mediators' professional certification and their continuing education. The Board of Experts and Context Specialist activity shall be ruled by respective Regulation subject to approval by the Presidium.

Article 11. Provision for the Panel’s of Mediators Activities

Any organizational and/or methodological support which may be required for the Panel activity will be provided by the Russian CCI.