of July 7, 1993 No. 5338-I
About the international commercial arbitration
proceeds from recognition of importance of arbitration (arbitration) as widely applied dispute resolution method, including arising in the field of international trade, and need of package uniform deal for legislative procedure for questions of arbitration;
considers the regulations on arbitration containing in international treaties of the Russian Federation, and also in the Model act "About International Trade Arbitration" adopted in 1985 by the United Nations Commission on International Trade Law of UNCITRAL with the changes accepted in 2006.
1. This Law is applied to the international commercial arbitration if the place of arbitration is in the territory of the Russian Federation. However the provisions provided by Articles 8, of 9, 35 and 36, are applied and when the place of arbitration is abroad.
2. The questions which are not settled by this Law connected with creation and activities in the territory of the Russian Federation of the permanent arbitration institutions administering the international commercial arbitration, storage of materials of cases and modification of legally significant registers in the Russian Federation based on decisions of reference tribunals (arbitral decisions), ratio of the procedure of mediation and arbitration and also with requirements to arbitrators (arbitration judges) and responsibility of arbitrators and permanent arbitration institutions within the international commercial arbitration in cases if the place of arbitration is in the territory of the Russian Federation, are regulated according to the Federal Law "About Arbitration (Arbitration) in the Russian Federation".
3. The disputes of the parties arising from the civil relations by agreement of the parties can be transferred to the international commercial arbitration when implementing the foreign trade and other types of the international commercial ties if the commercial enterprise at least of one party is abroad or if any place where considerable part of the obligations following from the relations of the parties or the place with which the matter in issue is most closely connected shall be performed, is abroad, and also the disputes which arose in connection with implementation of foreign investments in the territory of the Russian Federation or the Russian investments abroad.
1) if the party has more than one commercial enterprise, that which has the greatest relation to the arbitral agreement is considered commercial enterprise;
2) if the party has no commercial enterprise, its permanent residence is taken into account.
5. The disputes with participation of the foreign investor which are not covered by this Article in connection with implementation of foreign investments in the territory of the Russian Federation or the Russian investments abroad can be transferred in the cases provided by international treaties of the Russian Federation and the Federal Law in the international commercial arbitration.
6. By the Federal Laws transfer restrictions of separate categories of disputes in arbitration can be set or transfer of disputes to arbitration only according to other provisions can be provided, than those which contain in this Law.
For the purposes of this Law:
"arbitration" means process of the dispute resolution by reference tribunal and decision makings by reference tribunal (arbitration) irrespective of whether it is administered by permanent arbitration institution, including without restriction the International commercial Arbitration Court and Maritime arbitration commission under Chamber of Commerce and Industry of the Russian Federation (appendices I and II to this Law), or not;
"reference tribunal" means the single arbitrator or board of arbitrators (arbitration judges);
"court" means relevant organ of judicial system of the state;
"the competent court" means the court of the Russian Federation determined according to the procedural legislation of the Russian Federation;
when any provision of this Law, except for Articles 28, gives to the parties opportunity to make decisions on certain question, the parties can charge adoption of such decision to any third party, including permanent arbitration institution;
if in any provision of this Law the reference that the parties agreed is had or that they can agree, or in any other form the reference to the agreement of the parties is had, this agreement includes any rules of arbitration specified in this agreement;
when in any provision of this Law, excluding paragraph one of Article 25 and Item 2 of Article 32, the reference to the claim is had, it is applied also to the counter action and when in it the reference to objection is had, it is applied to objection on such counter action.
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