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2000年俄罗斯圣彼得堡工商会仲裁院

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REGULATIONS of the Arbitration court at the St.Petersburg Chamber of Commerce and Industry( with amendments and additions of October 10, 2000) Section 1. GEN

  REGULATIONS of the Arbitration court at the St.Petersburg

  Chamber of Commerce and Industry( with amendments and additions of October 10, 2000)

  Section 1. GENERAL PROVISIONS

  Chapter 1. MAIN PROVISIONS

  Article 1. JURISDICTION

  The Arbitration court at the St.Petersburg Chamber of Commerce and Industry ( hereinafter - Arbitration court) is an independent permanently functioning body at the St.Petersburg Chamber of Commerce and Industry acting in compliance with the current legislation and normative acts regulating activity of voluntary arbitration courts in the Russian Federation.

  The function of the court shall be to provide a possibility to settle commercial disputes and to defend civil rights, violated or disputed, by way of arbitral examination according to these Regulations.

  For examination by the Arbitration court may be referred disputes subject to jurisdiction of the state arbitration courts in accordance with the Law of the Russian Federation “ On state arbitration courts” and the Arbitration proceedings Code of the Russian Federation, the Law of the Russian Federation “On international commercial arbitration”, interstate agreements and international treaties with exception of cases arisen in the sphere of management.

  The Arbitration court may resolve disputes provided there is an arbitration clause in a contract or a separate written agreement ( hereinafter - agreement) between the parties to submit for its resolution a certain dispute, certain categories of disputes or all disputes which have arisen or may arise between them in connection with any relationship irrespective of whether it was of contractual nature.

  If there exists an arbitration clause ( agreement) between the parties which does not contain a reference to the St.Petersburg Chamber of Commerce and Industry, and if a respondent does not submit his explanations to the Secretariat of the Arbitration court within 15 days from the date of receipt of a copy of the statement of claim or rejects arbitral proceedings at the Arbitration court of the St.Petersburg Chamber of Commerce and Industry, the claimant shall be informed that arbitral proceedings may not take place.

  If in the arbitration clause ( agreement) in the name “Arbitration court at the St.Petersburg Chamber of Commerce and Industry” instead of the words “ arbitration court” there are used synonyms of these words taken from other languages or other synonyms, in such a case the Arbitration court shall be entitled to take the case for consideration.

  If the parties have agreed to apply to the Arbitration court at the St.Petersburg Chamber of Commerce and Industry they, therefore, shall obey these Regulations.

  If either party brings forward one or several claims as regards the existence or validity of the arbitration clause or agreement to refer the dispute to the Arbitration court at the St.Petersburg Chamber of Commerce and Industry and if the Arbitration court is convinced by first impression that such an arbitration clause ( agreement) exists, the Arbitration court may, without prejudice to the question of possibility and validity of the claim or claims, take the case for consideration.

  The question of jurisdiction of the Arbitration court in a given case shall be decided by the arbitral tribunal examining the case. For that purpose the arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the Arbitration court that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.

  Article 2. LAW APPLICABLE BY THE ARBITRATION COURT

  When settling disputes, the Arbitration court shall apply laws of the Russian Federation and other legislation in force on the territory of the Russian Federation, laws and other legislative acts of the Republics - members of the Russian Federation, other normative acts, inter-state agreements, international treaties. In all cases the Arbitration court shall decide in accordance with the terms of the contract and shall take into account the usages of the trade formed and widely used in a certain sphere of business activity applicable to the transaction.

  The Arbitration court shall apply legal norms of other states in cases stipulated by the legislation or the agreement between the parties.

  If for some question of the proceedings there is no indication either in the legislation or in me arbitration clause, the Arbitration court shall have the right of discretion, allowed by the law, which may be applied in the given case for ensuring a fair, swift and final resolution of the case.

  If there is no legislation regulating legal relations in dispute the Arbitration court shall apply legislation regulating similar legal relations, and in the absence of such legislation - shall proceed from the principles and the meaning of the legislation.[page]

  The Arbitration court shall be guided by the principles stipulated by Chapter 2 of the Regulations.

  Article 3. PERSONS PARTICIPATING IN THE ARBITRAL PROCEEDINGS

  The parties and third parties shall be considered to be the persons participating in the arbitral proceedings.

  The parties in the arbitral proceedings may be legal entities irrespective of the form of ownership and citizen-businessmen.

  The claimants (applicants) are legal entities and citizen-businessmen who have brought a suit (filed an application)。

  The respondents are legal entities and citizen-businessmen against whom a suit has been brought.

  A suit may be brought jointly by several claimants and against several respondents at the same time.

  Third parties may enter arbitral proceedings only upon consent of the parties in dispute. In order to draw a third party in the case, besides a consent of the parties, a consent of the party being drawn in shall also be necessary. Solicitation for involvement of a third party shall be allowed only prior to expiry of the term for submitting explanations to the statement of claim. Consent for involvement of a third party shall be expressed in

  writing.

  Article 4. EVIDENCE

  Evidence in a case shall be all facts upon which the arbitral tribunal shall ascertain presence or lack of circumstances substantiating claims or objections of the parties as well as other circumstances significant for correct resolution of the dispute.

  These facts shall be ascertained by the following means: written and material evidence, explanations of the parties and other persons participating in the proceedings, as well as by expert conclusions and statements of witnesses.

  Written evidence shall be acts, letters, other documents and materials containing information about circumstances significant for correct settlement of a dispute.

  Written evidence shall be submitted in original or in a duly certified copy.

  Authentic documents shall be submitted when the circumstances of a case, according to the legislation, shall be certified only by such documents, and also in other cases of necessity upon request of the arbitral tribunal.

  Material evidence shall be articles which may serve as the means for ascertaining of circumstances significant for correct settlement of a dispute.

  Verification of evidence shall be carried out by the method determined by the arbitral tribunal. The arbitral tribunal may impose execution of verification upon one of the arbitrators.

  Estimation of evidence shall be carried out by the arbitrators at their inner conviction.

  Article 5. ARBITRAL PROCEEDINGS COSTS

  When filing a statement of claim, the claimant shall pay the registration fee. A suit shall not be considered brought until the registration fee has been paid.

  The registration fee is not refundable.

  For each suit a claimant shall pay the arbitration fee in advance. The registration fee paid by the claimant when filing the statement of claim shall be counted towards the sum of the advance.

  Until advance payment of the arbitration fee has been made the arbitral proceedings shall not commence and the case shall be kept without motion.

  The amount of the registration and arbitration fees, the order of payment and distribution thereof as well as the order of coverage of other expenses of the arbitral proceedings shall be determined by the Rules on arbitration fees and costs to be approved by the President of the St.Petersburg Chamber of Commerce and Industry and to be considered an integral part of these Regulations.

  Article 6. TERMS

  The terms stipulated by these Regulations or determined by the Arbitration court in accordance with its competence shall be calculated from the day following the date which determines its commencement.

  If the day from which the term shall be calculated is a holiday or a non-working day the term shall be calculated from the first subsequent working day.

  If the last day of the appropriate term is a holiday or a non-working day the term shall expire at the end of the first subsequent working day.

  Notices and notifications shall be considered presented on the day they are received by mail ( by registered letter) or on the day when they are received by the party itself or its representative against the receipt issued at the Secretariat of the Arbitration court or from the Chairman of the arbitral tribunal.

  Chapter 2. PRINCIPLES OF THE ARBITRAL PROCEEDINGS

  Article 7. INDEPENDENCE AND IMPARTIALITY OF AN ARBITRATOR

  The arbitrators shall be independent and impartial when executing their duties and shall not act as representatives of either party. A person expressly or by implication interested in the outcome of the case may not be an arbitrator.

  The guarantee of observance of the said principle shall be the obligation of an arbitrator nominee to sign a statement that there are no circumstances which may arise doubts regarding his impartiality or independence and that he will immediately report about all such circumstances to the Arbitration court and the parties should they arise after signing of the statement and prior to completion of the arbitration proceedings.[page]

  Article 8. EQUALITY OF RIGHTS OF THE PARTIES

  Settlement of disputes at the Arbitration court shall be carried out on the basis of equality of the parties before the law and the court irrespective of whereabouts, subordination of the parties, form of ownership, and for citizen-businessmen - irrespective of their origin, social and property status, racial or national affiliation, sex, education, language, attitude to religion, type and character of business, place of living and other circumstances. Each party shall enjoy equal possibilities to give an account of their demands and to defend their rights.

  Article 9. COMPETITION OF THE PARTIES IN THE ARBITRAL

  ROCEEDINGS

  Each party shall prove those circumstances it refers to as the ground of its demands and objections.

  The arbitral tribunal shall not be obliged to draw upon it's own initiative additional evidence and amend claims of the parties: circumstances which are not disputed by a party or expressly acknowledged shall not be checked by the court.

  Failure of a party to submit evidence shall not prevent the arbitral tribunal from continuation of the proceedings and determination, after thorough examination and estimation of all that took place during the proceedings, which circumstances of the case have been proved, and from delivery of the award.

  Article 10. ASSISTANCE OF THE ARBITRATION COURT IN ACHIEVEMENT OF AGREEMENT BETWEEN THE PARTIES

  The Arbitration court shall assist in achievement of the agreement between the parties and decide in compliance with the achieved agreement if it does not contradict the law and does not violate the rights protected by law and the interests of the parties.

  Article 11. BINDING CHARACTER OF THE ARBITRAL

  AWARD

  The award of the Arbitration court shall be final and may not be appealed.

  Article 12. VOLUNTARINESS OF EXECUTION OF THE AWARD OF THE ARBITRATION COURT

  The award of the Arbitration court shall be executed voluntarily.

  Article 13. LANGUAGE OF THE ARBITRAL PROCEEDINGS

  The proceedings shall be conducted in the Russian language. If a party does not know the language in which the hearing is conducted the Arbitration court shall, at the party's request and expense, provide it with services of an interpreter.

  If any document is drawn in other language then the language of the hearing and the party submitting the document did not provide it with the translation, the Arbitration court (arbitral tribunal) may bind this party to submit the appropriate translation.

  Article 14. CONFIDENTIALITY

  The arbitrators and the staff of the Secretariat shall not disclose information about the disputes examined by the Arbitration court which has become known to them and which can impair interests of the parties.

  Section II. ORGANIZATION AND ACTIVITIES OF THE ARBITRATION COURT

  Chapter 3. ARBITRAL TRIBUNAL

  Article 15. ARBITRATORS

  An arbitrator of the Arbitration court ( hereinafter “arbitrator”) may be only a physical person at the age of not under 30 who has a legal capacity and has given consent to execute the duties of an arbitrator.

  Arbitrators entered on the List of arbitrators shall be appointed by the Presidium of the St.Petersburg Chamber of Commerce and Industry for a period of five years.

  Arbitrators included into the List as well as enlisted upon initiative of the parties shall possess adequate specialist knowledge in the sphere of relationship being the subject-matter of the disputes subject to the jurisdiction of the court and the length of work in this profession not less than seven years.

  Persons under guardianship or curatorship and persons against whom criminal proceedings have been instituted may not be arbitrators.

  Article 16. THE CHAIRMAN AND THE DEPUTY CHAIRMEN OF THE ARBITRA-TION COURT

  The Chairman of the Arbitration court and the Deputy-Chairmen shall be elected by the arbitrators, entered on the List of arbitrators, for a period of five years.

  The Chairman of the Arbitration court and in his absence - one of his deputies appointed by the Chairman shall represent the Arbitration court in its relations with other organizations, enterprises and institutions.

  Organizing the work of the Arbitration court the Chairman shall perform the functions stipulated by these Regulations.

  Article 17. GROUNDS FOR CHALLENGE OF AN ARBITRATOR, EXPERT, INTERPRETER

  Each party may challenge an arbitrator, chairman of the arbitral tribunal or a sole arbitrator if there are circumstances casting sound doubts regarding their impartiality or independence, particularly if any of them is a relative of persons participating in the proceedings or their representatives, as well as if it possible to conjecture that they are personally, expressly or by implication, interested in the outcome of the case. Persons related to each other may not be the members of the arbitral tribunal considering the case. Challenge may be made also in a case when the arbitrator does not possess special skills stipulated by these Regulations. A written challenge containing reasons thereof shall be made by a party not later than fifteen days after this party has learnt about formation of the arbitral tribunal or after it has known about circumstances which may serve as reasons for challenge. Challenge made after this term may be considered only provided that the reason of delay in challenge has been deemed good.[page]

  The question of challenge of an arbitrator shall be considered by the other members of the arbitral tribunal. If no agreement is reached among them, the decision on challenge shall be made by the President of the St.Petersburg Chamber of Commerce and Industry during 15 days. If there is a challenge of two arbitrators or a sole arbitrator, the decision on challenge shall be made by the Chairman of the Arbitration court. The Chairman of the Arbitration court shall have the right to decide on challenge of an arbitrator, chairman of the arbitral tribunal or a sole arbitrator on his own initiative if there are reasons indicated in Paragraph 1 herein.

  An arbitrator, a chairman of the arbitral tribunal or a sole arbitrator may refuse to accept his nomination upon his own initiative.

  Paragraphs 1 - 3 of this article shall also extend to an arbitrator, chairman of the arbitral tribunal or a sole arbitrator elected or appointed as reserve ones.

  Experts and interpreters participating in the proceedings may be challenged upon the same grounds as indicated in Paragraph 1 herein. In such a case the decision on challenge shall be made by the arbitral tribunal.

  Article 18. CONSEQUENCES OF SATISFACTION OF CHALLENGE

  If a chairman of the arbitral tribunal, a sole arbitrator or an arbitrator have been disqualified or may not participate in the proceedings by other reasons they shall be substituted with the reserve chairman of the arbitral tribunal, the reserve sole arbitrator or the reserve arbitrator. In cases when such substitution may not take place, the new chairman of the arbitral tribunal, the sole arbitrator or the arbitrator shall be elected or appointed in accordance with the Regulations. If a chairman of the arbitral tribunal, a sole arbitrator or an arbitrator have been appointed by the President of the St.Petersburg Chamber of Commerce and Industry, he shall make new appointments as well.

  In case of necessity and with consideration of the opinion of the parties, the altered arbitral tribunal may consider all over again all the matters which were considered in the course of previous oral hearings of the case taken place prior to the substitution.

  Article 19. TERMINATION OF AUTHORITY AND SUBSTITUTION OF AN ARBITRATOR

  If an arbitrator, a chairman of the arbitral tribunal or a sole arbitrator appear to be legally or actually incapable of performing their functions or do not perform these functions by other reasons without a justified delay the authority of each of them may be terminated by agreement of the parties.

  Authority of an arbitrator, a chairman of the arbitral tribunal or a sole arbitrator shall be terminated also according to their refusal to accept their nomination.

  If there are reasons indicated in Paragraph 1 of this article and if there is no appropriate agreement made by the parties, each of them shall have the right to apply to the Chairman of the Arbitration court with the request to settle the issue of termination of authority of an arbitrator, a chairman of the arbitral tribunal or a sole arbitrator.

  The Chairman of the Arbitration court shall have the right upon his own initiative to settle the issue of termination of authority of an arbitrator, a chairman of the arbitral tribunal or a sole arbitrator if there are reasons indicated in Paragraph 1 of this article.

  Substitution of an arbitrator, a chairman of the arbitral tribunal or a sole arbitrator for the reserve one shall be performed by the order of the Chairman of the Arbitration court provided there are grounds set forth in parts 1-4 of this Article and also in case of lingering illness, long-term business trip or death of the said persons.

  Motives of decisions made by the arbitral tribunal or the Chairman of the Arbitration court relating to appointment, approval, challenge or substitution of an arbitrator, a chairman of the arbitral tribunal or a sole arbitrator by reason that he does not perform his functions according to the Regulations or within the prescribed terms shall not be disclosed.

  Chapter 4. STAFF OF THE ARBITRATION COURT AND ITS SEAT

  Article 20. SECRETARIAT

  The Secretariat shall perform functions required to support the activities of the Arbitration court under these Regulations. The Secretariat shall be headed by the Executive Secretary.

  Staff of the Secretariat of the Arbitration court shall be employed by the St.Petersburg Chamber of Commerce and Industry.

  Article 21. EXECUTIVE SECRETARY

  The Executive Secretary of the Arbitration court shall have a Deputy.

  The Executive Secretary, and in his absence - his Deputy, shall organize and cany out record-keeping related to the activities of the Arbitration court and perform other functions stipulated by the Regulations.

  The Executive Secretary and his Deputy shall be appointed by the President of the St.Petersburg Chamber of Commerce and Industry. Distribution of responsibilities among them and also among other staff of the Secretariat shall be determined by the Executive Secretary.[page]

  Article 22. SEAT OF THE ARBITRATION COURT AND THE PLACE OF HEARINGS

  The seat of the Arbitration court and the place of hearings shall be 46-48 Thaikovskogo Street, 191194, St.Petersburg.

  Chapter 5. FUNCTIONING PROCEDURE OF THE SECRETARIAT

  Article 23. ORDER OF SUBMITTANCE OF DOCUMENTS

  All documents pertaining to the institution and carrying out of the arbitral proceedings shall be submitted by the parties to the Arbitration court in five copies and if a case is to be considered by a sole arbitrator - in three copies unless otherwise is determined, in case of necessity, by the Executive Secretary of the Arbitration court.

  Article 24. FORWARDING AND SERVING OF DOCUMENTS

  The Secretariat of the Arbitration court shall see that all documents in a case are forwarded to the parties. They shall be sent to the addresses indicated by the parties. The parties shall immediately notify the Arbitration court about any changes in the earlier indicated addresses.

  Statements of claim, explanations of respondents, summons, arbitral awards and rulings shall be forwarded by registered letters with acceptance notification receipt obtained or by any other means which provides a record of the attempt to deliver the appropriate mail.

  Other documents may be forwarded by registered or regular mail, notices and notifications may also be sent by cable, telex, fax or by any other means of communication which provides a record of delivery of such notices and notifications. Any of the aforesaid documents may equally be delivered or served personally against a receipt.

  A written communication shall be deemed to have been received if it had been sent to the last-known place of business, permanent residence or mailing address of the party by registered letter or any other means which provides a record of the attempt to deliver this communication.

  Chapter 6. TERMS OF THE ARBITRAL PROCEEDINGS

  Article 25. TERM OF EXAMINATION OF A DISPUTE

  The Arbitration court shall take measures to secure examination of a dispute within the shortest term possible.

  In a specific case the term of arbitral proceedings shall not exceed four months from the day of formation of the arbitral tribunal or election or appointment of a sole arbitrator. In exceptional cases the Chairman of the Arbitration court may extend the term of proceedings.

  Article 26. OTHER TERMS

  All other terms in any way connected with the arbitral proceedings shall be defined in the specific articles of these Regulations.

  Section III. ARBITRAL PROCEEDINGS

  Chapter 7. INSTITUTION OF PROCEEDINGS

  Article 27. BRINGING AN ACTION

  The arbitral proceedings shall be instituted by filing a statement of claim.

  The statement of claim shall be filed with the Arbitration court in a written form and shall be signed by the head of organization, by the citizen-businessman.

  The date of filing of the statement of claim shall be the date of its delivery to the Arbitration court, and if the statement of claim is sent by mail - the date of the post office stamp of the place of sending.

  In case a party submits a statement of claim in connection with a legal relationship which is already a subject of the arbitral proceedings between the same parties under these Regulations, the Chairman of the Arbitration court may upon request of either party unite the claims contained in different statement of claim into one case.

  Article 28. CONTENT OF THE STATEMENT OF CLAIM

  The statement of claim shall include:

  - the names of the parties and the postal addresses,

  - the claimant's demands,

  - circumstances of fact and law on which the claimant bases his statement of claim and reference to evidence confirming these circumstances,

  - the amount of claim,

  - the lull names of the arbitrator and the reserve arbitrator chosen by the claimant or the request for appointment of an arbitrator and a reserve arbitrator by the President of the St.Petersburg Chamber of Commerce and Industry,

  - list of documents attached to the statement of claim,

  - the claimant's signature and the date when the statement of claim was compiled.

  Article 29. DOCUMENTS TO BE ATTACHED TO THE STATEMENT OF CLAIM

  The documents attached to the statement of claim shall confirm:

  - jurisdiction of the Arbitration court (a document containing the arbitration clause or the written agreement of the parties as to submitter of the dispute for examination at the Arbitration court);

  - payment of the registration and arbitration fees in the order and in amount stipulated by the Rules on arbitration fees and costs;

  - circumstances on which the claimant bases his statement of claim.

  Article 30. AMOUNT OF CLAIM

  The amount of claim shall be determined:

  - if a claim is for recovery of money, by the sum sought to be recovered;[page]

  - if the claim is for vindication of property, by the value of the property sought to be vindicated;

  - if a claim is for recognition or transformation of a legal relationship, by the value of the subject-matter of the relationship at the moment of bringing the action;

  - if a claim is for an act to be done or forborne from, on the basis of the available information as to the property interests of the claimant.

  The claimant has also to indicate the amount of the claim in the cases when his statement of claim or any part of the claim is of non-pecuniary nature.

  If the claim consists of several demands, the amount of each demand shall be indicated separately. In this case, the amount of the claim shall be the total amount of all demands.

  If the claimant has failed to determine, or has incorrectly determined the amount of the claim, the Arbitration court shall, on its own initiative or at the request of the respondent, determine the amount of the claim on the basis of the available information.

  Article 31. RECTIFICATION OF THE STATEMENT OF CLAIM

  On finding that the statement of claim has been filed in violation of the requirements of Articles 28 and 29 of these Regulations, the Executive Secretary of the Arbitration court shall invite the claimant to rectify the defects so found.

  If these defects are rectified the date of filing of the statement of claim shall be considered the date of its delivery to the Arbitration court, and if the statement of claim is sent by post - the date of the stamp of the post-office at the place of sending.

  Chapter 8. PREPARATION FOR EXAMINATION

  Article 32. NOTIFICATION OF THE RESPONDENT (RESPONDENTS) AND ELECTION OF AN ARBITRATOR BY THE RESPONDENT (RESPONDENTS)

  Upon receipt of the statement of claim the Executive Secretary of the Arbitration court shall notify the respondent thereof and shall send him copies of the statement of claim and of the documents attached thereto as well as the List of Arbitrators. Should the claimant (claimants) amend his (their) statement of claim in relation to the number of respondents the notification regarding initiation of the proceedings with the copies of the statement of claim and other documents attached thereto shall be sent at the address of the respondent additionally indicated, with the previously notified respondent being informed of a co-respondent joining the case.

  At the same time the Executive Secretary shall invite the respondent (respondents) to file his (their) response supported by relevant evidence within not more than 15 days after receiving the copy of the statement of claim.

  Within the same term the respondent shall indicate full names of the arbitrator and the reserve arbitrator chosen by him or shall request for nomination of the arbitrator and the reserve arbitrator on his behalf by the President of the St.Petersburg Chamber of Commerce and Industry from the List of Arbitrators. Should the statement of claim be brought against two or more respondents they shall present to the Arbitration court a written agreement as regards the arbitrator and the reserve arbitrator chosen by them or the agreement with a request for nomination of the arbitrator and the reserve arbitrator from the List of Arbitrators by the President of St.Petersburg Chamber of Commerce and Industry on their behalf.

  The Secretariate may extend to the respondent the term for submitting the response provided that the petition for such extension contains information regarding arbitrators nominated by the respondent or the request for their nomination by the President of the St.Petersburg Chamber of Commerce and Industry.

  Article 33. ELECTION OR APPOINTMENT OF A SOLE ARBITRATOR

  If, as agreed by the parties, the case is to be considered by a sole arbitrator, the sole arbitrator and the reserve sole arbitrator shall be chosen by agreement of the parties. They may also request the President of the St.Petersburg Chamber of Commerce and Industry for nomination of a sole arbitrator and a reserve sole arbitrator on their behalf. Failing such agreement, the sole arbitrator and the reserve sole arbitrator shall be appointed by the President of the St.Petersburg Chamber of Commerce and Industry from the List of Arbitrators.

  Article 34. FORMATION OF THE ARBITRAL TRIBUNAL

  If the parties have failed to agree that the case shall be considered by a sole arbitrator, the arbitral tribunal shall be formed of three arbitrators. The functions of a tribunal, as specified in the Regulations, shall equally apply to a sole arbitrator.

  If the respondent fails to choose an arbitrator and a reserve arbitrator within the term envisaged in Article 32 of these Regulations, the arbitrator and the reserve arbitrator shall be appointed on his behalf by the President of the St.Petersburg Chamber of Commerce and Industry from the List of Arbitrators.

  The arbitrators chosen by the parties or appointed by the President of the St.Petersburg Chamber of Commerce and Industry shall elect the chairman of the arbitral tribunal from the List of Arbitrators, the statement regarding it to be drawn and signed by both arbitrators. Following the same procedure they may also elect the reserve chairman of the arbitral tribunal.[page]

  If the arbitrators fail to elect the chairman of the arbitral tribunal within fifteen days from the date of election or appointment of the second arbitrator, the chairman of the arbitral tribunal shall be appointed by the President of the St.Petersburg Chamber of Commerce and Industry from the List of Arbitrators. Following the same procedure the President of the St.Petersburg Chamber of Commerce and Industry may also elect the reserve chairman of the arbitral tribunal.

  Where there are two or more claimants or respondents, the claimants and the respondents shall choose one arbitrator and one reserve arbitrator on each side. They may also request the President of the St.Petersburg Chamber of Commerce and Industry for nomination of an arbitrator and a reserve arbitrator on their behalf. If the claimants and the respondents have failed to come to agreement within 15 days, the arbitrator and the reserve arbitrator shall be appointed by the President of the St.Petersburg Chamber of Commerce and Industry from the List of Arbitrators. The indicated term shall be counted from the date when one of the notifications of initiation of the proceedings with the copies of the statement of claim and other documents attached thereto sent to the respondents has reached the last addressee.

  As soon as the arbitral tribunal has been formed, the Secretariat shall submit the case to the arbitral tribunal for arbitral examination.

  Article 35. PREPARATION OF THE CASE FOR EXAMINATION

  The arbitral tribunal shall check the state of preparation of the case for the proceedings and, if it deems necessary, shall take further measures to prepare the case.

  If the arbitral tribunal takes further measures to prepare the case, it shall determine time limits within which such measures shall be carried out.

  The chairman of the arbitral tribunal may give instructions to the Executive Secretary of the court in connection with the preparation and the conduct of the examination. He shall also direct the Executive Secretary to invite the parties to the hearing.

  Article 36 . NOTIFICATION OF THE PARTIES ABOUT THE HEARING

  The parties to the case shall be notified about the time and the place of conduct of the hearing by the summons to be forwarded so that each of the parties should have at its disposal the term not less than 15 days to prepare for the proceedings and to arrive at the hearing. This term may be reduced by agreement of the parties.

  If it is necessary to conduct further hearings their dates shall be determined by the arbitral tribunal with consideration of particular circumstances.

  Chapter 9. EXAMINATION OF THE CASE

  Article 37. REPORT OF THE CASE

  Examination of the case in the Arbitration court shall commence with the report of the chairman of the arbitral tribunal or one of the members of the arbitral tribunal.

  The reporter shall give an account of the circumstances of the case, the claimant's demands as set forth in the statement of claim, arguments and explanations of the respondent as set forth in the response to the claim, content of the written materials submitted to the Arbitration court, and shall also report other information which the arbitral tribunal has to examine in order to make an award.

  The reporter for the particular case shall be appointed by the Chairman of the Arbitration court from the arbitral tribunal chosen ( appointed) for hearing the case.

  The reporter shall from the moment of appointment prepare the report in a written form prior to the commencement of the hearing.

  Article 38. CONDUCT OF THE ORAL HEARING

  Any oral hearing of the case shall be conducted to enable the parties to express their stands on the base of the submitted evidence and to hold debates.

  The hearing shall be conducted in private. With permission of the arbitral tribunal and with the consent of the parties persons not participating in the arbitral proceedings may be present at the hearing.

  Article 39. SURRENDER OF DOCUMENTS

  The Secretariat of the Arbitration court shall surrender all documents submitted to the Arbitration court by either party to the other party. The parties shall also receive any conclusions of experts or any other documentary evidence on which the award of the Arbitration court may be based.

  Article 40. CONSEQUENCES OF FAILURE TO SUBMIT DOCUMENTS AND PARTICIPATION OF THE PARTIES

  Failure of the respondent to submit the response to the statement of claim shall not be considered as acknowledgement of the demands of the claimant.

  The parties may present their cases in the Arbitration court directly or through duly authorized representatives appointed by the parties at their discretion.

  Failure to appear by a party which has been duly notified of the time and the place of the hearing shall not prevent the case from being examined and the award from being made, unless the default party has requested in writing to adjourn the proceedings for a valid reason, evidence thereof to be submitted to the court together with the request.[page]

  Either party may request the hearing of the case to be conducted in his absence.

  Article 41. EXAMINATION OF THE CASE ON THE BASIS OF WRITTEN MATERIALS

  The parties may agree upon examination of the dispute on the basis of written materials only, without holding any hearing. However, the arbitral tribunal may decide that an oral hearing be conducted if the materials presented prove insufficient for the resolution of the dispute on merits.

  Article 42. ADJUSTMENT OF A DISPUTE BY WAY OF CONCLUSION OF AMICABLE SETTLEMENT

  In any stage of the proceedings the arbitrators shall use all means at their disposal to adjust the dispute by way of amicable settlement.

  If in the course of the arbitral proceedings the parties settle their dispute, the proceedings shall be terminated. At the parties' request the arbitral tribunal may record this settlement in the form of the arbitral award on agreed terms.

  Article 43. ALTERATION OR ADDITION TO CLAIM OR DEFENCE

  Before the hearing is completed either party may, without undue delay, alter or add to his claim or defence therein.

  If the arbitral tribunal admits the delay caused by the party in alteration of or addition to his claim or defence as unjustified, it may charge that party with any additional costs of the Arbitration court and expense of the other party resulting therefrom.

  The arbitral tribunal may think inexpedient to allow such alteration of or addition to the claim or the defence taking into account the delay caused.

  Article 44. CONSEQUENCES AND CLAIM FOR SET-OFF

  If the respondent intends to make a counterclaim or make a claim arising out of the same contract for the purpose of a set-off, it shall be done at the same time with submitting the response to the claim.

  The claimant shall submit the response to the counterclaim within 15 days after receiving the counterclaim.

  The Secretariate may if there is an appropriate petition extend the term to the claimant for filing the response to the counterclaim.

  The counterclaim and the claim for the purpose of a set-off shall meet the same requirements as the principal claim.

  Article 45. ADJOURNMENT OF THE HEARING AND SUSPENSION OF THE PROCEEDINGS

  Where necessary, at the request of the parties or on the initiative of the arbitral tribunal, hearing may be adjourned or proceedings suspended.

  Adjournment of the hearing or suspension of the proceedings shall be directed by a ruling.

  Article 46. MINUTES OF THE HEARING

  Should the parties so decide the hearing may be recorded, the minutes to include the following data:

  - the name of the Arbitration court,

  - the number of the case,

  - the place and the date of the hearing,

  - the names of the parties in dispute,

  - information as to participation of the parties' representatives in the hearing,

  - the full names of the arbitrators, experts, witnesses, interpreters and other participants in the hearing,

  - a short description of the course of the hearing,

  - the parties' demands and an account of other important statements of the parties,

  - the indication of reasons for adjournment or for termination of the proceedings,

  - the signatures of the arbitrators,

  - the signature of the clerk to the arbitral tribunal.

  The parties may get acquianted with the content of the minutes. The arbitral tribunal may, at the request of either party, make a ruling to amend or supplement the minutes provided that the request is considered justified.

  A copy of the minutes certified by an arbitrator shall be given to a party at his request.

  The minutes shall be kept by a clerk to the arbitral tribunal invited at the expense of the parties.

  Chapter 10. TERMINATION OF THE PROCEEDINGS

  Article 47. MAKING OF A FINAL AWARD BY THE ARBITRAL TRIBUNAL

  The arbitral proceedings shall be terminated by making of a final award. The arbitral tribunal shall make an award in writing and shall indicate the reasons the award is based on.

  The additional award or the ruling to correct the award shall be the integral part of the initial award.

  The award shall be made at a closed session by the majority of votes of the arbitral tribunal. The disagreeing arbitrator may express in writing his particular opinion which shall be attached to the award.

  The refusal of any arbitrator to sign the award as well as existence of the particular opinion of an arbitrator shall be noted in the award. If one of the arbitrators is not able to sign the award the Chairman of the Arbitration court, and if he is absent - the Deputy Chairman of the Arbitration court, shall verify it by his signature with indication of the reasons of absence of the signature of the arbitrator.

  On making of the award the operative part of it shall be orally announced to the parties participating in the case. The motivated award of the Arbitration court shall be forwarded to the parties by registered letter within fifteen days after it has been made on mandatory condition that all arbitration fees and costs have been fully paid to the St.Petersburg Chamber of Commerce and Industry by the parties or one of them.[page]

  The arbitral tribunal may decide upon termination of a hearing that the arbitral award without oral announcement of its operative part will be sent to the parties within the term which shall not exceed 15 days.

  If the parties were not present at the announcement of the award the latter shall be forwarded to them by registered letter within fifteen days after it has been made.

  The award shall contain:

  - the name of the Arbitration court,

  - the number of the case,

  - the place and date of the delivery of the award,

  - the full names of arbitrators,

  - the reference to the arbitration clause on the grounds of which the court acted,

  - the names and addresses of the parties in dispute and other persons participating in the arbitral proceedings,

  - the subject-matter of the dispute and the summary of the circumstances of the case,

  - the reasons upon which the award is based,

  - the conclusion to satisfy or to decline the claim,

  - the amounts of the arbitration costs and fees in the case and their apportionment among the parties,

  - the term and the order of execution of the award made,

  - the signatures of the arbitrators.

  The text of the award, as a rule, shall be compiled by the reporter. If the reporter refuses to sign when the award has been made by the majority of votes, the text of the award shall be compiled by one of the arbitrators who voted for the award made.

  Article 48. ADDITION TO AND CORRECTION OF THE AWARD

  Either party may within ten days from the day of the announcement of the award or of the receipt of the award request the arbitral tribunal to make an additional award in respect of the claims which were duly filed in the course of the arbitral proceedings but omitted from the award.

  If the arbitral tribunal considers the request to be justified the additional award shall be made in a new session, and the parties shall be notified thereof beforehand.

  The mistakes in computation, slips of the pen or misprints or other mistakes of similar nature in the text of the award which do not influence the substance of the case may be corrected by the ruling of the arbitral tribunal at the request of either party or upon initiative of the arbitral tribunal within ten days from the day of announcement of the award or the receipt of the award.

  Article 49. TERMINATION OF THE PROCEEDINGS WITHOUT MAKING AWARD

  The arbitral tribunal shall make a ruling to terminate the proceedings if:

  - the claimant withdraws his claims unless the respondent within 15 days of receipt of the notice thereof raises an objection to termination of the proceedings and the arbitral tribunal recognizes a legitimate interest on its part in obtaining a final settlement of the dispute,

  - the parties agree on termination of the arbitral proceedings,

  - if the arbitral tribunal finds that continuation of the proceedings has for some reasons become unnecessary or impossible, in particular, in the absence of pre-conditions required for the case to be examined and solved on its merits, inclusive where owing to the claimant's inaction the case stays without progress for more than two months.

  Prior to formation of the arbitral tribunal the ruling to terminate the proceedings shall be made by the Chairman of the Arbitration court.

  Article 50. KEEPING THE ORIGINAL COPY OF THE AWARD

  The case examined by the Arbitration court shall be kept therein.

  Article 51. RETURN OF AUTHENTIC DOCUMENTS

  Authentic documents attached to the record of the proceedings may upon request of the persons who submitted it be sent back to them upon receipt of the award or from the day of announcement of the award. Copies of the documents verified by an arbitrator shall be kept in the record of the proceedings.

  Section IV. FINAL PROVISIONS

  Chapter 11. EXECUTION OF THE AWARD

  Article 52. ORDER OF EXECUTION OF THE AWARD

  The award of the Arbitration court shall be executed in the order and within the term specified in the award.

  If no term of execution is specified in the award the latter shall be executed immediately.

  Article 53. ENFORCEMENT OF THE AWARD

  The award not executed voluntarily may be enforced according to the law and the international treaties.

  Appendix

  RULES ON ARBITRATION FEES AND COSTS ( Appendix to the Regulations of the Arbitration court at the St.Petersburg Chamber of Commerce and Industry )

  Article 1. DEFINITIONS

  1. REGISTRATION FEE shall mean a fee paid at the time of filing a statement of claim or request for the security of a claim with the Arbitration court in order to cover expenses arising prior to institution of the arbitral proceedings.

  2. ARBITRATION FEE shall mean a fee charged in respect of each claim filed with the Arbitration court to cover general expenses connected with the work of the Arbitration court (particularly, arbitrators', reporters' fees, remuneration of the Secretariat, expenses on organization of the arbitral proceedings, etc.)。[page]

  3. ADDITIONAL COSTS OF THE ARBITRATION COURT shall mean specific expenses incurred by the Arbitration court in connection with examination of a particular case (particularly, expenses of conducting expert examination and preparing translations, remuneration of experts, interpreters, compensation of witnesses' expenses, reimbursement of travelling expenses, etc.)。

  4. EXPENSES OF THE PARTIES shall mean expenses, incurred by the parties in defending their interests in the course of the proceedings at the Arbitration court, apart from the expenses, reimbursement, specified in the above paragraphs of the present Article.

  Article 2. REGISTRATION FEE

  The registration fee shall be paid in Russian Roubles in amount equivalent to USD 125. When the arbitration fee is subsequently paid, the registration fee shall be counted towards the sum of the arbitration fee.

  The registration fee is not refundable.

  Article 3. ARBITRATION FEE

  1. The arbitration fee shall be calculated in USD according to the following scale:

  Amount of claim

  Fee

  up to 10,000

  500

  from 10,001 to 50,000

  500+2.5% of the amount exceeding 10,000

  from 50,001 to 100,000 1,500+2.0% of the amount exceeding 50,000

  from 100,001 to 200,000

  2,500+1.5% of the amount exceeding 100,000

  from 200,001 to 500,000

  4,000+0.5% of the amount exceeding 200,000

  from 500,000 to 1,000,000

  5,500+0.25% of the amount exceeding 500,000

  more than 1,000,000

  6,750+0.15% of the amount exceeding 1,000,000

  2. Taking into account the complexity of the case, substantially increased time consuming efforts and expenses related to the arbitral proceedings, the Chairman of the Arbitration court shall be entitled to issue a ruling to raise the amount of the arbitration fee.

  3. Fees of the arbitrators, reporters and the Chairman of the Arbitration court shall be determined in accordance with the Rules on fees in cases of the Arbitration court at the St.Petersburg Chamber of Commerce and Industry to be approved by the President of the St.Petersburg Chamber of Commerce and Industry.

  4. The residents shall pay arbitration fee in Russian Rubles at the rate of the Central Bank of Russia as of the date of filing the claim.

  5. Non-residents may pay the arbitration fee at their discretion either in Roubles or in USD.

  6. If the amount of claim is expressed in some other foreign currency than USD conversion of the amount of claim into USD shall be carried out at the current rate of the international currency market at the date of filing the claim.

  Article 4. DIMINUTION OF THE AMOUNT OF THE ARBITRATION FEE

  1. The arbitration fee shall be diminished by 30%, where the case is considered by a sole arbitrator.

  2. If the claimant has withdrawn his claim prior to forwarding of summons for the hearing, the arbitration fee shall be diminished by 75%.

  3. If the claimant has withdrawn his claim after the summons for the hearing are forwarded to him but before the date of the first hearing, particularly owing to the parties having settled the dispute amicably, as well as in other instances of the Arbitration court receiving, before the above-mentioned date, notification of the parties' refusal to have their dispute examined by the Arbitration court, the arbitration fee shall be diminished by 50%.

  4. Where owing to the circumstances mentioned in Paragraph 3 of this Article the proceedings are terminated at the first hearing without an award being made, the arbitration fee shall be diminished by 25%.

  5. If the arbitral proceedings are terminated by a ruling before the claimant makes payment of the arbitration fee, the claimant shall be charged 25% of the arbitration fee.

  6. In instances stipulated by Paragraphs 1 through 4 of this Article the diminution of the arbitration fee shall be reflected in the award or in the ruling terminating the proceedings. Where the proceedings are terminated before the formation of the arbitral tribunal the decision to diminish the arbitration fee shall be made by the Chairman of the Arbitration court.

  7. The provisions of Paragraphs 1 through 4 of this Article concerning diminution of the arbitration fee shall not apply to the registration fee (Article 2 of the present Rules)。

  Article 5.ARBITRATION FEE IN RESPECT OF COUNTERCLAIM OR CLAIM FOR SET-OFF

  The rules as to the arbitration fee relating to the principal claim shall also apply to a counterclaim and a claim for set-off.

  Article 6. APPORTIONMENT OF ARBITRATION FEE AMONG THE PARTIES

  1. Unless otherwise agreed by the parties, the arbitration fee shall be borne by the losing party.

  2. Where the claim is satisfied partially, the arbitration fee shall be borne by the respondent in proportion to the satisfied amount of the claim and by the claimant in proportion to the dismissed part of the claim.[page]

  Article 7. COVERING ADDITIONAL COSTS

  1. The Arbitration court may demand from the parties or either of them that an advance sum be deposited to cover additional costs of the Arbitration court in connection with the conduct of the arbitral proceedings.

  2. An advance sum to cover additional costs may, in particular, be demanded by the Arbitration court from the party requesting that an act that may cause additional costs should be carried in the conduct of the proceedings if the request is considered justified. The Arbitration court may gear the doing of such acts to payment by that party of the advance sum to cover additional costs within the specified period.

  3. If a party chooses an arbitrator permanently resident outside the place of holding the Arbitration court hearings, the party who elected him shall deposit an advance sum to cover his expenses on participation in the arbitral proceedings (travelling, accommodation etc.)。 If such a person is elected the chairman of the arbitral tribunal, the advance sum to cover his expenses on participation in arbitral proceedings shall be deposited by both parties in equal shares.

  If the respondent fails to pay the relevant advance sum within the specified term, the payment of such advance sum shall be effected by the claimant.

  4. If in the course of arbitral proceedings the parties' explanations, statements, etc. as well as questions, commentaries and directions of the arbitral tribunal are, at a party's request, translated, the cost of translation shall be paid by that party.

  The Arbitration court may demand that the respective party or parties should deposit an advance sum to cover such costs. The same rules shall apply to translation of the awards.

  5. All additional costs of the Arbitration court shall be apportioned among the parties in accordance with the provisions of Article 6 of the present Rules. Expenses specified in part 1 of paragraph 4 of this Article shall be borne by the party who requested to be provided with the interpreter's services.

  Article 8. PROCEDURE FOR PAYMENT OF ARBITRATION COSTS AND FEES

  1. The arbitration costs and fees due to the Arbitration court shall be deemed to be paid at the date they are entered to the account of the St.Petersburg Chamber of Commerce and Industry.

  2. All expenses connected with bank transfer of sums of the arbitration costs and fees paid to the Arbitration court shall be borne by the party who effects the relevant payment.

  Article 9. EXPENSES OF THE PARTIES

  The winning party may demand that the other party be obliged to reimburse its reasonable expenses incurred in connection with the arbitral proceedings and, in particular, expenses connected with defending its interests through legal representatives.

  Article 10. SPECIFIC APPORTIONMENT OF ARBITRATION COSTS AND FEES

  Taking into account the circumstances of a particular case the Arbitration court may establish other apportionment among the parties of the arbitration fee, additional costs of the Arbitration court and expenses of the parties than that specified in Articles 6, 7 and 9 of these Rules, and, in particular, exact in favour of one of the parties from the other party excessive expenses caused by the former due to inexpedient or dishonest acts of the other party, including acts causing an unjustified delay in the arbitral proceedings.

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