It is registered
Ministry of Justice
Republic of Tajikistan
On March 20, 2015 No. 18
of March 18, 2015 No. 1183
About the international commercial arbitration
Accepted by the Resolution MH MOPT of January 28, 2015, No. 1753
Approved by the Resolution MM MORT of March 5, 2015, No. 788
This Law governs the relations connected with the organization and activities of the international commercial arbitration and also procedure and conditions of recognition and execution of decisions of the international commercial arbitration in the territory of the Republic of Tajikistan.
1. This Law is applied to the permanent international commercial arbitration created according to provisions of Chapter 2 of this Law and also to the one-off international commercial arbitration created for consideration of specific dispute in the territory of the Republic of Tajikistan.
2. The disputes arising from contractual relations and other civil relations between their subjects when implementing the foreign trade and other international commercial ties, by agreement of the parties, can be transferred to the international commercial arbitration if one of the commercial organizations of the parties is outside the Republic of Tajikistan.
3. The international commercial arbitration can also consider other disputes having economic nature if the agreement of the parties provides transfer of dispute to the international commercial arbitration, and it does not contradict the legislation of the Republic of Tajikistan.
4. Operation of this Law does not extend to reference tribunals.
In this Law the following basic concepts are used:
arbitration - the international commercial arbitration acting on the permanent basis (further – permanent arbitration), the international commercial arbitration, one-time educated especially for consideration of specific dispute (further - one-off arbitration);
- the arbitrator - the physical person elected by the parties, or appointed according to the procedure, established by this Law, for the dispute resolution in arbitration;
- arbitration proceeding - process of consideration of dispute in arbitration with pronouncement of the arbitral decision;
- Regulations of arbitration - the document determining procedure for the organization of activities of permanent arbitration which is prepared and affirms his founder;
- the arbitral agreement - the written agreement of agreement parties about transfer of the arisen dispute, or dispute which can arise in the future that can be concluded in agreement type, the arbitration clause in the agreement or by exchange of the letters, telegrams, faxes, electronic documents or other documents determining declarations of will of subjects and their content;
- competent court - court of judicial system of the Republic of Tajikistan which according to the economic procedural legislation of the Republic of Tajikistan is authorized to consider cases on dispute between the parties of the relevant agreement over the first instance;
- public procedure for the Republic of Tajikistan - the bases of the state and social fabric provided in the legislation of the Republic of Tajikistan;
- the arbitration clause - structural part of the arbitral agreement, agreement of the parties on the dispute resolution arising from the agreement by specifying of clause;
- the arbitral decision - the document accepted by arbitration as a result of the solution of case on being.
The legislation of the Republic of Tajikistan on the international commercial arbitration is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.
Activities of arbitration are based on the following principles:
- equality of participants;
- liberty of choice sides of structure of arbitration, applicable law, procedure and language of arbitral justice;
- contractual cognizance of all cases in point;
- priority of the conventional principles of international law;
- independence of arbitration and arbitrators;
- confidentiality of hearing of cases;
- assistance to the end of dispute by means of the conclusion the parties of the voluntary settlement;
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