Announces
Court of Arbitration for Resolution of Economic Disputes at the Chamber of Commerce and Industry of the Russian Federation
Procedure
The Arbitration Court for Resolution of Economic Disputes of the Russian Chamber of Commerce and Industry (CCI) will only accept a dispute for settlement if the parties thereto have reached a relevant agreement. More often than not, the parties to a contract record their consent to third-party settlement in an “arbitration agreement,” in which the parties bind themselves to refer all or certain differences between them to the arbitration court for resolution under the Rules thereof. The parties may agree to have a dispute resolved in the CCI’s Arbitration Court for Resolution of Economic Disputes separately from the contract over which the dispute has arisen. Agreement on third-party court intercession may be recorded in the contract itself, or reached by incorporating it in a different document signed by the parties, or by exchanging letters, or messages by telegraph, teletype, or other electronic or other means of communication leaving a record of such agreement.
The parties may chose third-party judges from a list of judges approved by the CCI President, or appoint any other persons having the necessary credentials. The high skills and knowledge of judges on the list of the CCI’s Arbitration Court for Resolution of Economic Disputes, which includes recognized authorities and acknowledged experts in civil law legislation, is a warranty of disputes being settled proficiently and that the interests of good-faith parties are protected.
The parties may agree to choose a sole judge or, alternatively, each of them may appoint its own judge and the appointed judges will, in turn, appoint a third judge to act as tribunal chairman. Or else, a presiding judge may be appointed by the President of the CCI’s Arbitration Court for Resolution of Economic Disputes, upon the request of a party, or otherwise, if no request is made.
No matter whether the judges are chosen or appointed, they are independent and impartial in fulfilling their responsibilities and may not act as representatives of the parties. Any and all judges on the tribunal may be challenged for reasons specified in the Rules of the Arbitration Court for Resolution of Economic Disputes. This is yet another ingredient that is part of an unbiased and knowledgeable settlement of disputes.
The parties are informed about the day of the hearing by notices. Failure by a party or its representative to appear in court, provided that there is valid proof of notice of the time of the hearing having given to it, is not an impediment to the case being considered on its merits. The parties to a dispute are assured procedural equality from beginning to end of the arbitration process, and each party is required to offer proof of the circumstances to which it refers. The Arbitration Court for Resolution of Economic Disputes court may, but is not required, to demand submission of additional proof and may, using the adversarial principle, make a ruling on the basis of the parties’ submissions, allowing the claim in full or in part, or dismissing it. Basically, the judge making his ruling on the dispute is guided by the content of the contract at the center of the dispute.
An arbitration proceeding is heard orally on the basis of written evidence submitted by the parties (this is not to the exclusion of experts being heard or witnesses called). Unless the parties have agreed otherwise, records are kept of the hearings in the Arbitration Court for Resolution of Economic Disputes.
Hearings in a Arbitration Court for Resolution of Economic Disputes are held behind closed doors, which is a guarantee that the parties’ commercial or other secrets are preserved, with outsiders admitted to follow the proceedings with the parties’ mutual consent only.
Significantly, the Rules of the Arbitration Court for Resolution of Economic Disputes set a time limit on dispute resolution, which is not to exceed two months from the date when an arbitral tribunal is formed (or a sole judge is appointed).
The Arbitration Court for Resolution of Economic Disputes of the Russian Chamber of Commerce and Industry (CCI) will only accept a dispute for settlement if the parties thereto have reached a relevant agreement. More often than not, the parties to a contract record their consent to third-party settlement in an “arbitration agreement,” in which the parties bind themselves to refer all or certain differences between them to the arbitration court for resolution under the Rules thereof. The parties may agree to have a dispute resolved in the CCI’s Arbitration Court for Resolution of Economic Disputes separately from the contract over which the dispute has arisen. Agreement on third-party court intercession may be recorded in the contract itself, or reached by incorporating it in a different document signed by the parties, or by exchanging letters, or messages by telegraph, teletype, or other electronic or other means of communication leaving a record of such agreement.
The parties may chose third-party judges from a list of judges approved by the CCI President, or appoint any other persons having the necessary credentials. The high skills and knowledge of judges on the list of the CCI’s Arbitration Court for Resolution of Economic Disputes, which includes recognized authorities and acknowledged experts in civil law legislation, is a warranty of disputes being settled proficiently and that the interests of good-faith parties are protected.
The parties may agree to choose a sole judge or, alternatively, each of them may appoint its own judge and the appointed judges will, in turn, appoint a third judge to act as tribunal chairman. Or else, a presiding judge may be appointed by the President of the CCI’s Arbitration Court for Resolution of Economic Disputes, upon the request of a party, or otherwise, if no request is made.
No matter whether the judges are chosen or appointed, they are independent and impartial in fulfilling their responsibilities and may not act as representatives of the parties. Any and all judges on the tribunal may be challenged for reasons specified in the Rules of the Arbitration Court for Resolution of Economic Disputes. This is yet another ingredient that is part of an unbiased and knowledgeable settlement of disputes.
The parties are informed about the day of the hearing by notices. Failure by a party or its representative to appear in court, provided that there is valid proof of notice of the time of the hearing having given to it, is not an impediment to the case being considered on its merits. The parties to a dispute are assured procedural equality from beginning to end of the arbitration process, and each party is required to offer proof of the circumstances to which it refers. The Arbitration Court for Resolution of Economic Disputes court may, but is not required, to demand submission of additional proof and may, using the adversarial principle, make a ruling on the basis of the parties’ submissions, allowing the claim in full or in part, or dismissing it. Basically, the judge making his ruling on the dispute is guided by the content of the contract at the center of the dispute.
An arbitration proceeding is heard orally on the basis of written evidence submitted by the parties (this is not to the exclusion of experts being heard or witnesses called). Unless the parties have agreed otherwise, records are kept of the hearings in the Arbitration Court for Resolution of Economic Disputes.
Hearings in a Arbitration Court for Resolution of Economic Disputes are held behind closed doors, which is a guarantee that the parties’ commercial or other secrets are preserved, with outsiders admitted to follow the proceedings with the parties’ mutual consent only.
Significantly, the Rules of the Arbitration Court for Resolution of Economic Disputes set a time limit on dispute resolution, which is not to exceed two months from the date when an arbitral tribunal is formed (or a sole judge is appointed).
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