of March 20, 1992
About procedure for the dispute resolution, connected with implementation of economic activity
Governments of the State Parties of the Commonwealth of Independent States,
attaching importance to development of cooperation in the field of permission of the disputes connected with implementation of economic activity between the subjects which are in the different State Parties of the Commonwealth of Independent States
proceeding from need of providing to all business entities of equal opportunities for protection of the rights and legitimate interests,
agreed as follows:
Article 1. This agreement regulates questions of permission of the cases following from contractual and other civil relations between business entities from their relations with the state and other bodies, and also execution of decisions on them.
Article 2. For the purposes of this agreement business entities are understood as the companies, their combinations, the organization of any legal forms, and also the citizens having the status of the entrepreneur according to the legislation existing in the territory of the State Parties of the Commonwealth of Independent States, and their consolidation.
Article 3. Business entities of each of the State Parties of the Commonwealth of Independent States use in the territory of other State Party of the Commonwealth of Independent States the legal and judicial protection of the property rights and legitimate interests equal with business entities of this state.
Business entities of each State Party of the Commonwealth of Independent States have in the territory of other gosudarstvuchastnik of the Commonwealth of Independent States the right to turn freely to the courts, Arbitration (economic) Courts, reference tribunals and other bodies within which competence permission of the cases specified in Article 1 of this agreement is (further - competent courts) can act in them, initiate petitions, make claims and perform other legal proceedings.
Article 4. The competent court of the State Party of the Commonwealth of Independent States has the right to consider the disputes mentioned in Article 1 of this agreement if in the territory of this gosudarstvauchastnik of the Commonwealth of Independent States:
a) the defendant had the permanent residence or the location on the date of presentation of the claim.
If several defendants who are in the territory of the different State Parties of the Commonwealth participate in case, the dispute is considered in the location of any defendant in the choice of the claimant;
b) trading, industrial or other economic activity of the company (branch) of the defendant is performed;
c) it is performed or shall be fully or partially fulfilled the obligation from the agreement which is matter in issue;
d) the action or other circumstance which formed the basis for the requirement about indemnification took place;
e) the claimant in the claim for protection of goodwill has the permanent residence or the location;
e) there is partner-supplier, the contractor or rendering services (performing works), and the dispute concerns the conclusion, change and agreement cancelation.
2. Competent courts of the State Parties of the Commonwealth of Independent States consider cases and in other cases if about it there is written agreement of the Parties about transfer of dispute to this court.
In the presence of such agreement the court of other State Party of the Commonwealth stops proceedings according to the statement of defense if such statement is made before decision making on case.
3. Claims of subjects of managing for the property right to real estate are considered only by court of gosudarstvauchastnik of the Commonwealth of Independent States in the territory of which there is property.
4. About recognition invalid fully or partially the acts of the state and other bodies which are not dealing normative nature, and also about indemnification, caused to economic subjects by such acts or arisen owing to improper execution by the specified bodies of the obligations in relation to business entities, are considered only by court in the location of the specified body.
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