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RESOLUTION OF MAJLISI OLI OF THE REPUBLIC OF TAJIKISTAN

of May 15, 1997 No. 426

About approval of the Regulations on reference tribunal for resolution of economic disputes in the Republic аджикистан

The Majlisi Oli of the Republic of Tajikistan decides:

1. Approve the Provision "About Reference Tribunal for Resolution of Economic Disputes in the Republic of Tajikistan".

2. Enact the Provision "About reference tribunal for resolution of economic disputes in the Republic of Tajikistan from the moment of official publication.

 

Chairman of Majlisi Oli

Republic of Tajikistan S. RADZHABOV

Regulations on reference tribunal for resolution of economic disputes in the Republic of Tajikistan

Section I. General provisions

Article 1. Application of the Provision

This Provision (further - the Provision) is applied by transfer on permission of reference tribunals of the economic disputes subordinated to economic courts according to the constitutional Law of the Republic of Tajikistan "About economic courts of the Republic of Tajikistan" and the Economic Procedure Code of the Republic of Tajikistan, international legal acts recognized by the Republic of Tajikistan.

If other is not established by the agreement of the parties, this Provision is not applied when at least one of the parties is in the territory of other state, or is the company, the organization with foreign investments.

Article 2. Reference tribunal

In the Republic of Tajikistan the reference tribunal for consideration of specific dispute can be created.

The reference tribunal for consideration of specific dispute is created by the parties.

The procedure for the organization, activities and the dispute resolution for reference tribunal is determined by this provision.

Article 3. Devolution agreement of dispute to reference tribunal

The devolution agreement of dispute to reference tribunal is agreement of the parties on transfer to reference tribunal of specific dispute, certain categories or all disputes which arose or can arise between them in connection with any legal relationship irrespective of whether it had contractual character. The agreement can be signed in the form of clause in the agreement or in the form of the free standing agreement.

The agreement is signed in writing. The devolution agreement of dispute to reference tribunal is considered the prisoner in writing if it is concluded by exchange of letters, messages by teletype, to telegraph or with use of other means of communication providing fixation of such agreement.

In case of non-compliance with the regulations provided by the first and second parts of this Article, the agreement is recognized unconcluded.

Recognition by reference tribunal invalid the agreement does not involve invalidity of the devolution agreement of dispute to reference tribunal.

Section II. Structure of reference tribunal

Article 4. Number of arbitration judges

The number of arbitration judges shall be odd.

Article 5. Appointment of arbitration judges

Only the physical person having capacity to act and who agreed to accomplishment of obligations of the arbitration judge can be the arbitration judge.

The parties can approve at discretion procedure for appointment of the arbitration judge (judges) for consideration of specific dispute.

The reference tribunal is formed as a part of three judges in the absence of other agreement of the parties. Each party appoints one judge, and two arbitration judges appointed thus appoint third.

If within 15 days after receipt of the notification of one of the parties on appointment of the arbitration judge other party does not appoint other arbitration judge or during the same term of the judge did not reach the agreement on the third arbitration judge, or the reference tribunal for other reasons is not created, the parties have the right to refuse the devolution agreement of dispute on permission of reference tribunal. In this case the dispute can be transferred to permission of economic court with observance of general rules of cognizance and jurisdiction.

Article 6. Termination of powers of the arbitration judge

Powers of the arbitration judge can be stopped at its request or the agreement of the parties.

Article 7. Appointment of the new arbitration judge

If powers of the arbitration judge are stopped according to article 6 of this provision, the new arbitration judge is appointed according to rules which were applied in case of appointment of the replaced judge.

Article 8. Decision reference tribunal of question of possibility of consideration of dispute

The reference tribunal independently resolves issue of availability or validity of the devolution agreement of dispute to reference tribunal. If the reference tribunal recognizes absence or invalidity of the agreement of the parties, the dispute can be transferred to permission of economic court.

Section III. Arbitration

Article 9. Equality of the parties

The dispute resolution in reference tribunal is performed on the basis of equality of the parties.

Equal opportunities for statement of the line item and protection of the rights shall be given to each party.

Article 10. Determination of procedure for the dispute resolution

The parties can determine at discretion procedure for the dispute resolution in reference tribunal.

The reference tribunal can determine procedure for the dispute resolution taking into account this provision and the Economic Procedure Code of the Republic of Tajikistan in the absence of such agreement.

Article 11. Place of the dispute resolution

The parties can agree about the place of the dispute resolution at discretion. In the absence of such arrangement the place of the dispute resolution is determined by reference tribunal taking into account all facts of the case.

Article 12. Language of production of reference tribunal

Production in reference tribunal is conducted in state language, or in the language clear for the parties.

Article 13. The action for declaration and response on the action for declaration

During the term approved by the parties or determined by reference tribunal, the claimant states the requirements in the form of the written application which is transferred to reference tribunal, and its copy - to the defendant.

Are specified in the action for declaration:

1) date and number of the action for declaration;

2) name of the parties, their postal addresses and settlement details;

3) the claim price if the claim is subject to assessment;

4) claim;

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