Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 10, 2019 No. 53

About accomplishment by courts of the Russian Federation of functions of assistance and control concerning arbitration, the international commercial arbitration

For the purpose of ensuring the correct and uniform hearing of cases, functions of assistance and control connected with accomplishment by courts of the Russian Federation concerning arbitration, the international commercial arbitration, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

1. General provisions. Sources of internal and international law

1. The right of the parties of civil dispute to the choice of alternative dispute resolution facilities, including to transfer of dispute to arbitration (arbitration), is based on Article 45 (part 2) Constitutions of the Russian Federation according to which everyone has the right to protect the rights and freedoms by all methods which are not prohibited by the law.

Assistance to development of alternative dispute resolution facilities - one of tasks of judicial authority of the Russian Federation realized based on regulations of article 2 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation), Article 2 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation) in the limits provided by the Federal Law (Chapter 14. 1, 45, the Section VI CCP of the Russian Federation, Chapters 15, 30, 31 AIC of the Russian Federation, articles 5 and 6 of the Federal Law of December 29, 2015 No. 382-FZ "About arbitration (arbitration) in the Russian Federation" (further - the Arbitration act), articles 5 and 6 of the Law of the Russian Federation of July 7, 1993 No. 5338-1 "About the international commercial arbitration" (further - the Law on the international commercial arbitration).

By Article 11 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation) it is determined that protection of the violated or disputed civil laws is performed by court, Arbitration Court or reference tribunal according to their competence.

The arbitration (arbitration), including the international commercial arbitration, represents process of the dispute resolution and decision making (arbitral decision) by reference tribunal (Item 2 of Article 2 of the Arbitration act, article 2 of the Law on the international commercial arbitration).

The arbitration (arbitration), including the international commercial arbitration, is alternative method of the dispute resolution which important features consist in autonomy of will of the parties, confidentiality of the procedure and possibility of determination of its rules by the parties of dispute, impartiality and independence of arbitrators, inadmissibility of review of the decision in essence courts of the Russian Federation (further - courts), decision compliance to public procedure for the Russian Federation.

2. By means of arbitration (arbitration) 4 articles 1 of the Law on the international commercial arbitration arising when implementing the foreign trade and other types of the international commercial ties, determined in Items 3, can be permitted as internal disputes (internal arbitration or arbitration of internal disputes), and disputes of the international nature, including within the international commercial arbitration.

3. If other is not provided by the Federal Law, courts perform functions of assistance and control in the relation as arbitration (arbitration) which is administered by permanent arbitration institution, and the arbitration performed by the reference tribunal formed by the parties for permission of specific dispute (ad hoc) (Article 1, 2 Arbitration acts).

4. Legal regulation of the relations in the field of internal arbitration and the international commercial arbitration (further concerning internal arbitration and the international commercial arbitration - arbitration), and also accomplishment by courts of functions of assistance and control concerning arbitration in the Russian Federation is performed according to the Constitution of the Russian Federation, the conventional principles and rules of international law and international treaties of the Russian Federation which are according to part 4 of article 15 of the Constitution of the Russian Federation component of system of law of the Russian Federation, the CCP of the Russian Federation, the AIC of the Russian Federation, the Arbitration act, the Law on the international commercial arbitration, other laws and regulatory legal acts.

5. International treaties of the Russian Federation in the field of arbitration, in particular, are the Convention of the United Nations on recognition and carrying out of foreign arbitral decisions of 1958 (further - the Convention of 1958) and the European Convention on the foreign trade arbitration of April 21, 1961 (further - the Convention on the foreign trade arbitration).

The convention of 1958 is applied to permission of the questions connected with recognition and carrying out of foreign arbitral decisions that is the decisions passed in the territory of the state, other, than that state where recognition and carrying out of such decisions (Item 1 of article I of the Convention of 1958) is asked.

Provisions of the Convention on the foreign trade arbitration based on Item 1 of Article 1 extend to cases when the physical persons and legal entities which are the parties of the arbitral agreement or concerning which the arbitral decision is passed at the time of the conclusion of the arbitral agreement have the permanent residence or respectively the location in different Contracting States.

6. Provisions of the Agreement on procedure for the dispute resolution, connected with implementation of economic activity of March 20, 1992, Conventions on legal assistance and legal relations on civil, family and criminal cases of January 22, 1993, and also regulations of bilateral international treaties of the Russian Federation on legal assistance do not regulate questions of recognition and carrying out of foreign arbitral decisions if such international treaties of the Russian Federation do not provide other.

If questions of recognition and carrying out of decisions of reference tribunals fall within coverage of the bilateral international treaty on legal assistance, provisions of such agreement do not extend to the procedure of carrying out arbitration, including much notices of the parties of arbitration.

7. The law on the international commercial arbitration and the Arbitration act are applied to arbitration (arbitration) taking into account regulations on the sphere of their action.

Concerning the international commercial arbitration if the place of arbitration is in the territory of the Russian Federation, part 7.1 of the article 7 "Determination, Form and Interpretation of the Arbitral Agreement", the article 39 "Storage of Arbitral Decisions, Resolutions on Termination of Arbitration and Materials of Cases of Arbitration", the article 43 "Modification of Legally Significant Registers", Chapter 9 "Education and activities of permanent arbitration institutions in the Russian Federation", Chapter 10 "Ratio of arbitration and the procedure of mediation", Chapter 11 "Responsibility of non-profit organization in case of which the permanent arbitration institution, and the arbitrator", Chapter 12 "Final provisions" of the Arbitration act (part 2 of Article 1 of the Arbitration act and Item 2 of article 1 of the Law on the international commercial arbitration) is created are applied.

Concerning the international commercial arbitration if the place of arbitration is abroad, the article 8 "The Arbitral Agreement and Presentation of the Claim for Being of Dispute in Court", the article 9 "Arbitral Agreement and Interim Measures of Court", the article 35 "Recognition and Carrying Out of the Arbitral Decision", the article 36 "The Bases for Refusal in Recognition or Carrying Out of the Arbitral Decision" of the Law on the international commercial arbitration are applied.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SoyuzPravoInform LLC.