of January 18, 2012 No. 52
About approval of Standard regulations of permanent reference tribunal
Based on part four of article 3 of the Law of the Republic of Belarus of July 18, 2011 "About reference tribunals" the Council of Ministers of the Republic of Belarus DECIDES: No. 301-Z
1. Approve Standard regulations of permanent reference tribunal it (is applied).
Prime Minister of the Republic of Belarus
Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 18, 2012, No. 52
1. These Standard regulations are applied by consideration of disputes in permanent reference tribunal (further - reference tribunal) if other does not follow only from the arbitration agreement.
2. The parties are not deprived of the right in the arbitration agreement to establish rules of trial, fully or partially to the different from these Standard regulations, but not contradicting legislation regulating questions of consideration of disputes in reference tribunals.
3. The reference tribunal resolves the disputes carried to its competence by the legislation on reference tribunals.
4. The reference tribunal takes cognizance of disputes in the presence of the arbitration agreement.
5. The arbitration agreement is the agreement of the parties on transfer on permission of reference tribunal of all or separate disputes which arose or can arise from the legal relationship connecting the parties.
6. The arbitration agreement is signed in writing. It is considered the prisoner if contains in the document signed by the parties of the arbitration agreement or is concluded by exchange of messages with use of mail service or other types of communication providing written fixation of declaration of will of the parties including the direction of the action for declaration and the answer to it in which respectively one party suggests to resolve dispute in reference tribunal, and another does not object to it.
7. The reference in the contract for the document containing arbitration clause is the arbitration agreement provided that this agreement is signed in writing, and contents of the reference do such clause by part of the signed agreement.
8. Arbitration is conducted on Belarusian or Russian if the parties did not agree about other.
9. The party submitting documents and other materials not in arbitration language shall provide their transfer into arbitration language.
10. Arbitration is carried out, as a rule, in reference tribunal.
By agreement of the parties or on own initiative taking into account the facts of the case, including factor of convenience to the parties, the structure of reference tribunal can consider case in other place.
11. Amount of remuneration of arbitration judges is determined according to scale of remunerations arbitration судей*.
* The scale of remunerations of arbitration judges shall be integral part of regulations of reference tribunal and be created taking into account the price of the claim, complexity of dispute, time spent by arbitration judges for arbitration and other circumstances, relevant.
12. The structure of reference tribunal for arbitration is created by election of arbitration judges as the parties.
13. For the dispute resolution the odd number of arbitration judges is elected.
14. Only the capable physical person having the sufficient professional training meeting the requirements established by the legislation, who is not interested in the outcome of the case and agreed to fulfillment of duties of the arbitration judge can be elected the arbitration judge. Arbitration judges shall be independent of the parties which elected them.
15. Branch in case of availability of the circumstances raising reasonable doubts in its objectivity and impartiality or with direct or indirect interest in the result of arbitration can be declared to the arbitration judge or if it is connected with one of the parties on case in point of the relation of scrap, relationship, adoption (adoption), guardianship or custody or if its qualification does not conform to the requirements established by the legislation.
16. The party can declare branch to the arbitration judge in whose election it took part, only in connection with the circumstances which became to it known after its election.
17. Person in case of the address to him about possible election as the arbitration judge shall report about circumstances which can raise reasonable doubts in its objectivity, impartiality, independence or competence, and also about availability of other circumstances which are the basis for its branch.
The arbitration judge shall declare without delay rejection if the circumstances which are the basis for branch arose during arbitration.
18. The written reasoned statement about removal of the arbitration judge shall be submitted by the party within five days from the date of when the circumstances which are the basis for removal of the arbitration judge became known to it.
The issue of removal of the arbitration judge is resolved by other judges who are part of reference tribunal, in ten-day time from the date of receipt of the written reasoned statement of the party.
19. Powers of the arbitration judge stop:
after decision making of reference tribunal on specific case;
in connection with branch, rejection of the arbitration judge;
in case of inability of the arbitration judge for health reasons for a long time to fulfill duties of the arbitration judge;
in case of the death of the arbitration judge.
20. In case of the termination of powers of the arbitration judge before decision making of reference tribunal on specific case other arbitration judge is elected according to rules which were applied when electing the arbitration judge who is subject to replacement.
After replacement of the arbitration judge consideration of the case is made at first.
21. The claimant states the requirements in the form of the written action for declaration.
22. Shall be specified in the action for declaration:
date of submission of the action for declaration;
the name and the location of legal entities, being the parties of arbitration, surname, own name, middle name (if that is available), the residence (the place of stay) of the physical persons which are the parties of arbitration and also bank details of the parties (for legal entities, individual entrepreneurs);
data on the signed arbitration agreement;
requirements of the claimant;
circumstances on which the claimant bases the requirements;
the proofs confirming requirements of the claimant;
the claim price if the claim is subject to assessment;
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