LAW OF THE KYRGYZ REPUBLIC

of July 30, 2002 No. 135

About reference tribunals in the Kyrgyz Republic

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 28, 2002

This Law determines procedure for formation of extrajudicial bodies (further - reference tribunals), and also regulates their activities for the dispute resolution (further - arbitration).

The basic principles of arbitration are equality of the parties before the law and reference tribunal, competitiveness and obligation of execution of the decision of reference tribunal.

Chapter 1. General provisions

Article 1. Scope of this Law

This Law is applied by transfer by agreement of the parties for consideration of reference tribunal of the disputes arising from civil legal relationship including the investment disputes subordinated to competent court, and also tax disputes, except for the disputes established by this Law.

Article 2. The concepts used in this Law

The reference tribunal is single arbitrator or board of arbitrators.

Arbitration - process of consideration of dispute according to the procedure, provided by the agreement of the parties either applicable rules, or this Law.

The arbitrator - person elected by the parties for consideration of their dispute.

The arbitration agreement (arbitration clause) - the agreement of the parties on transfer of dispute for consideration to reference tribunal, and also the provision of the law providing transfer of dispute for consideration to reference tribunal.

Competent court - the relevant court of the Kyrgyz Republic.

The parties in arbitration - the claimant and the defendant. Claimants are citizens and the organizations, and also the public authorities and local self-government which made the claim in the interests. Defendants are citizens and the organizations, and also public authorities and local self-government to which the claim is imposed.

Applicable rules - rules, provisions, regulations and other documents of permanent reference tribunal.

Article 3. Types and legal status of reference tribunals

1. Disputes according to the arbitration agreement or the law can be submitted permanent reference tribunal or one-time reference tribunal.

Permanent reference tribunal - the organization providing arbitration implementation.

One-time reference tribunal - the reference tribunal created by the parties for consideration of one specific dispute and stopping the activities with the end of arbitration for this dispute.

2. The permanent reference tribunal is legal entity and performs the activities in the form of non-profit organization.

The activities of reference tribunals connected with arbitration are not economic activity.

Article 4. Procedure for creation and activities of reference tribunals

1. The procedure for education and activities of one-time reference tribunal is determined by the agreement of the parties, and in the part which is not settled by the agreement of the parties - this Law.

2. The procedure for creation of permanent reference tribunals is determined by the legislation of the Kyrgyz Republic. Activities of permanent reference tribunals are regulated by applicable rules, and in the part which is not settled by applicable rules, the legislation of the Kyrgyz Republic.

3. If the international treaty which participant is the Kyrgyz Republic, provides other rules of education and activities of reference tribunals, rules of this agreement are applied.

Article 5. Transfer of dispute on permission of reference tribunal

1. The dispute can be transferred to permission of reference tribunal and is accepted by it in the presence of the agreement of the parties on transfer of dispute to this reference tribunal or by law.

The dispute considered by competent court but only before adoption of the decision by this court on the substance of dispute or the conclusion by the parties of the voluntary settlement can be transferred to permission of reference tribunal.

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