of July 24, 2002 No. 102-FZ
About reference tribunals in the Russian Federation
Accepted by the State Duma on June 21, 2002
Approved by the Federation Council on July 10, 2002
1. This Federal Law regulates procedure for education and activities of the reference tribunals which are in the territory of the Russian Federation.
2. In reference tribunal can by agreement of the parties arbitration (further also - the parties) to be transferred any dispute following from civil legal relationship if other is not established by the Federal Law.
3. Operation of this Federal Law does not extend to the international commercial arbitration.
4. If the international treaty of the Russian Federation establishes other procedure for education and activities of reference tribunals than provided by this Federal Law, then rules of the international treaty are applied.
In this Federal Law the following basic concepts are used:
reference tribunal - the permanent reference tribunal or reference tribunal formed by the parties for the decision of specific dispute (further - reference tribunal for permission of specific dispute);
the arbitration judge - the physical person elected by the parties or appointed in the procedure approved by the parties for the dispute resolution in reference tribunal;
arbitration - process of the dispute resolution in reference tribunal and decision makings by reference tribunal;
the arbitration agreement - the agreement of the parties on transfer of dispute on permission of reference tribunal;
rules of permanent reference tribunal - the charters, provisions, regulations containing rules of arbitration and approved by the organization - the legal entity, formed permanent reference tribunal;
rules of arbitration - the regulations regulating the procedure for the dispute resolution in reference tribunal including rules of the appeal to reference tribunal, elections (appointment) of arbitration judges and the procedure of arbitration;
the parties of arbitration - the organization - the legal entities, citizens who are performing business activity without formation of legal entity and having the status of the individual entrepreneur acquired in the procedure established by the law (further - citizens entrepreneurs), physical persons (further - citizens) which made in reference tribunal the claim in protection of the rights and interests or to which the claim is made;
competent court - Arbitration Court of the subject of the Russian Federation on the disputes subordinated to Arbitration Courts, district court on the disputes subordinated to courts of law, according to the cognizance established by the arbitral procedural or civil procedural legislation of the Russian Federation.
1. In the Russian Federation permanent reference tribunals and reference tribunals for permission of specific dispute can be formed.
2. Permanent reference tribunals are formed by chambers of commerce, the organizers of trade performing the activities according to the Federal Law "About the Organized Biddings", public associations of entrepreneurs and consumers, other organizations - the legal entities created in accordance with the legislation of the Russian Federation, and and are effective with their associations (associations, the unions) under these organizations - legal entities.
3. The permanent reference tribunal is considered educated when the organization - the legal entity:
1) made the decision on formation of permanent reference tribunal;
2) approved regulations on permanent reference tribunal;
3) approved the list of arbitration judges which can have binding or advisory nature for the parties.
4. The organization - the legal entity, formed permanent reference tribunal, sends to the competent court performing judicial authority in that territory where the permanent reference tribunal, copies of the documents testimonial of formation of permanent reference tribunal according to Item 3 of this Article is located.
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