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LAW OF THE AZERBAIJAN REPUBLIC

of December 26, 2023 No. 1077-VIQ

About arbitration

This Law according to Items 6, of 10, 12 and 26 parts I of article 94 of the Constitution of the Azerbaijan Republic governs the public relations arising in connection with implementation of arbitration, requirements to the arbitral agreement, determines rules of the organization, activities of Arbitration Courts and permanent arbitral organizations in the Azerbaijan Republic, conducting arbitral justice, recognition and execution of arbitral decisions.

Chapter 1. General provisions

Article 1. Basic concepts

1.1. The basic concepts used in this Law have the following values:

1.1.1. arbitration - the process of consideration of dispute performed for the purpose of removal by Arbitration Court of the decision which is binding legally irrespective of whether it is conducted by the permanent arbitral organization or not;

1.1.2. Arbitration Court - the single arbitrator or board of arbitrators;

1.1.3. the arbitral agreement - the agreement of the parties on transfer to arbitration (parts) of disputes which arose or can arise between the parties irrespective of, they follow from the agreement or not;

1.1.4. international arbitration - arbitration, the stipulated in Article 4.3 presents of the Law;

1.1.5. internal arbitration - the arbitration which is not relating to international arbitration;

1.1.6. foreign Arbitration Court - Arbitration Court with the arbitration place in the foreign country;

1.1.7. local Arbitration Court - Arbitration Court with the arbitration place in the Azerbaijan Republic;

1.1.8. electronic information - the information created, sent, accepted or kept by means of electronic, magnetic, optical or similar means, including, but, without being limited to it, electronic data exchange, e-mail, the telegram, telex or the telefax;

1.1.9. the location of person - the place where the physical person, and the place where the permanent body of the legal entity is located usually lives.

Article 2. Legislation of the Azerbaijan Republic on arbitration

The legislation of the Azerbaijan Republic on arbitration consists izkonstitution of the Azerbaijan Republic, international treaties which the Azerbaijan Republic, this Law, the Code of civil procedure of the Azerbaijan Republic, the Law of the Azerbaijan Republic "About private international law" and other regulatory legal acts of the Azerbaijan Republic joined.

Article 3. Interpretation of this Law

3.1. If in this Law (except for article 48 of this Law) the parties are given opportunity to make decisions on single questions, the parties can charge adoption of such decision to the third party, including institute.

3.2. In case of the reference in this Law to the agreement or possibility of the agreement between the parties such agreement covers also the arbitral rules stated in the specified agreement.

3.3. In this Law (except for articles 44.1.1 and 52.2.1 of this Law) the reference to the claim is applied also to the counter action, and the reference to objection - and to objection on the counter action.

Article 4. Circle of application of this Law

4.1. This Law is applied to the international and internal arbitration with the arbitration place in the Azerbaijan Republic.

4.2. Articles 10, of 13, of 17, of 18, of 32, of 33, of 34, of 46, 48.5, 55 and 56 of this Law are applied also in cases when the place of arbitration is in the foreign country or the place of arbitration is not established.

4.3. The arbitration is considered international in the presence of any of the following circumstances:

4.3.1. when the place of occupation the parties of the arbitral agreement (further - the arbitral agreement) is located business activity at the time of the conclusion of this agreement in the certain states;

4.3.2. when one of the following places is outside the state in which the parties are engaged in business activity:

4.3.2.1. the arbitration place established by the arbitral agreement or on its basis;

4.3.2.2. the place where the main part of the obligations following from the commercial relations or with which the matter in issue is most closely connected shall be performed;

4.3.3. if the parties came to the final agreement that the subject of the arbitral agreement concerns more than one state.

4.4. For the purposes of article 4.3 of this Law the following rules are applied:

4.4.1. if the party is engaged in business activity more than in one country, the place having the greatest relation to the arbitral agreement is considered the place where the party is engaged in business activity;

4.4.2. in the absence of the place where the party is engaged in business activity, the location of this party is assumed as a basis.

4.5. This Law does not influence force of the laws of the Azerbaijan Republic which provide that disputes cannot be referred to arbitration or provisions of this Law can be transferred in other procedure, than.

4.6. The questions which are concerning subject of regulation of this Law, but did not find the direct solution shall be solved according to the general principles on which the arbitration is based.

4.7. The relations connected with implementation of arbitral justice in the Alyatsky free economic zone are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 5. Receipt of the written message and calculation of terms

5.1. The following rules are applied to receipt of the written message:

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