FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 29, 2015 No. 409-FZ

About modification of separate legal acts of the Russian Federation and recognition voided Item 3 of part 1 of article 6 of the Federal law "About Self-regulatory Organisations" in connection with adoption of the Federal Law "About Arbitration (Arbitration) in the Russian Federation"

List of amending documents

Accepted by the State Duma on December 15, 2015

Approved by the Federation Council on December 25, 2015

Article 1

Item 4 of article 3 of the Law of the Russian Federation of June 26, 1992 No. 3132-1 "About the status of judges in the Russian Federation" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 30, Art. 1792; Russian Federation Code, 1995, No. 26, Art. 2399; 1999, No. 29, Art. 3690; 2001, No. 51, Art. 4834; 2007, No. 10, Art. 1151; 2008, No. 52, Art. 6229; 2009, No. 39, Art. 4533; 2013, No. 19, Art. 2329; No. 27, Art. 3477; 2014, No. 11, Art. 1094; 23, 2928) to state No. to the Art. in the following edition:

"4. The judge who is staying in resignation and having length of service in judgeship at least 20 years or reached age of 55 years (for women - 50 years) having the right to work in public authorities, local government bodies, the public and local government offices, in trade-union and other public associations and also as the assistant to the deputy of the State Duma or the member of the Federation Council of Federal Assembly of the Russian Federation or the assistant to the deputy of legislative (representative) body of the subject of the Russian Federation, but has no right to hold positions of the prosecutor, the investigator and the investigator, to be engaged in lawyer and notarial activities.

The requirements established by subitems 1, of the 11 and 12 Item 3 of this Article do not extend to the judge staying in resignation irrespective of age and judicial years of service.

During implementation of activities which the judge staying in the resignation having the right to be engaged according to this Item immunity guarantees, the stipulated in Clause 16 these Laws, membership of the specified judge in judicial community for this period do not extend to it stops.".

Article 2

Bring in the Law of the Russian Federation of July 7, 1993 No. 5338-1 "About the international commercial arbitration" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 32, Art. 1240; Russian Federation Code, 2008, No. 49, Art. 5748) following changes:

Preamble to state 1) in the following edition:

"This Law:

proceeds from recognition of importance of arbitration (arbitration) as widely applied dispute resolution method, including arising in the field of international trade, and need of package uniform deal for legislative procedure for questions of arbitration;

considers the regulations on arbitration containing in international treaties of the Russian Federation, and also in the Model act "About International Trade Arbitration" adopted in 1985 by the United Nations Commission on International Trade Law of UNCITRAL with the changes accepted in 2006.";

Article 1 to state 2) in the following edition:

"Article 1. Scope of application

1. This Law is applied to the international commercial arbitration if the place of arbitration is in the territory of the Russian Federation. However the provisions provided by Articles 8, of 9, 35 and 36, are applied and when the place of arbitration is abroad.

2. The questions which are not settled by this Law connected with creation and activities in the territory of the Russian Federation of the permanent arbitration institutions administering the international commercial arbitration, storage of materials of cases and modification of legally significant registers in the Russian Federation based on decisions of reference tribunals (arbitral decisions), ratio of the procedure of mediation and arbitration and also with requirements to arbitrators (arbitration judges) and responsibility of arbitrators and permanent arbitration institutions within the international commercial arbitration in cases if the place of arbitration is in the territory of the Russian Federation, are regulated according to the Federal Law "About Arbitration (Arbitration) in the Russian Federation".

3. The disputes of the parties arising from the civil relations by agreement of the parties can be transferred to the international commercial arbitration when implementing the foreign trade and other types of the international commercial ties if the commercial enterprise at least of one party is abroad or if any place where considerable part of the obligations following from the relations of the parties or the place with which the matter in issue is most closely connected shall be performed, is abroad, and also the disputes which arose in connection with implementation of foreign investments in the territory of the Russian Federation or the Russian investments abroad.

4. For the purposes of Item 3 of this Article:

1) if the party has more than one commercial enterprise, that which has the greatest relation to the arbitral agreement is considered commercial enterprise;

2) if the party has no commercial enterprise, its permanent residence is taken into account.

5. The disputes with participation of the foreign investor which are not covered by this Article in connection with implementation of foreign investments in the territory of the Russian Federation or the Russian investments abroad can be transferred in the cases provided by international treaties of the Russian Federation and the Federal Law in the international commercial arbitration.

6. By the Federal Laws transfer restrictions of separate categories of disputes in arbitration can be set or transfer of disputes to arbitration only according to other provisions can be provided, than those which contain in this Law.";

3) in Article 2:

a) state paragraph two in the following edition:

"arbitration" means process of the dispute resolution by reference tribunal and decision makings by reference tribunal (arbitration) irrespective of whether it is administered by permanent arbitration institution, including without restriction the International commercial Arbitration Court and Maritime arbitration commission under Chamber of Commerce and Industry of the Russian Federation (appendices I and II to this Law), or not;";

b) add with the new paragraph the fifth the following content:

"the competent court" means the court of the Russian Federation determined according to the procedural legislation of the Russian Federation;";

c) the fifth to consider the paragraph the paragraph the sixth and to add it after the word "including" the words "permanent arbitral";

d) to consider the paragraph of the sixth the paragraph the seventh and to state it in the following edition:

"if in any provision of this Law the reference that the parties agreed is had or that they can agree, or in any other form the reference to the agreement of the parties is had, this agreement includes any rules of arbitration specified in this agreement;";

e) to consider the paragraph of the seventh the paragraph the eighth;

The paragraph third Item 1 of Article 3 to add 4) with words "(delivery attempt fixings)";

Article 6 to state 5) in the following edition:

"Article 6. Bodies for accomplishment of certain functions of assistance and control concerning arbitration

The functions specified in Items 3 and 4 of Article 11, Item 3 of Article 13, to Article 14, Item 3 of Article 16 and Item 2 of Article 34, are carried out by competent court, except as specified, provided by this Law.";

Article 7 to state 6) in the following edition:

"Article 7. Determination, form and interpretation of the arbitral agreement

1. The arbitral agreement is agreement of the parties on transfer to arbitration of all or certain disputes which arose or can arise between them in connection with any specific legal relationship or its part irrespective of, it legal relationship had contractual character or not. The arbitral agreement can be signed in the form of the arbitration clause in the agreement or in the form of the free standing agreement.

2. The arbitral agreement is signed in writing.

3. The provision, stipulated in Item 2 these Articles, is considered observed if the arbitral agreement is signed in the form allowing to provide fixing of information containing in it or availability of such information to subsequent use.

4. The arbitral agreement is considered the prisoner in writing in the form of the electronic message if information containing in it is available to subsequent use and if the arbitral agreement is signed according to the requirements of the law provided for the agreement signed by exchange of documents by means of electronic communication.

5. The arbitral agreement is considered the prisoner in writing if it consists by exchange of the action for declaration and response for the action for declaration in which one party declares agreement availability, and another does not object to it.

6. The reference in the contract for the document containing the arbitration clause represents the arbitral agreement signed in writing provided that the specified reference allows to consider such clause part of the agreement.

7. The arbitral agreement can be signed by its inclusion in rules of the organized biddings or the rule of clearing which are registered in accordance with the legislation of the Russian Federation. Such arbitral agreement is the arbitral agreement of participants of the organized biddings, agreement parties, concluded at the organized biddings according to rules of the organized biddings, or participants of clearing.

8. The arbitral devolution agreement into arbitration of all or parts of corporate disputes of members of the legal entity created in the Russian Federation and the most legal entity to which trial rules of trial of corporate disputes according to the Federal Law "About Arbitration (Arbitration) in the Russian Federation" are applied can be put by inclusion it into the charter of the legal entity. The charter containing such arbitral agreement, and also the changes in the charter providing such arbitral agreement and changes in it are accepted by the supreme body of management (meeting of participants) of the legal entity unanimously all members of this legal entity. The arbitral agreement signed according to the procedure, established by this Item, extends to disputes of members of the legal entity and most legal entity in which other person participates, only if this other person directly expressed the will on obligation for it the specified arbitral agreement. The arbitral agreement cannot be signed by its inclusion in charter of joint-stock company with number of shareholders - owners of voting shares one thousand and more, and also in the charter of public joint stock company.

9. In case of interpretation of the arbitral agreement any doubts shall be interpreted for benefit of its reality and feasibility.

10. If the parties did not agree about other, the arbitral agreement on the dispute arising from the agreement or in connection with it extends to any transactions between the parties of the arbitration agreement directed to execution, change or termination of the specified agreement.

11. In case of change of person in the obligation concerning which the arbitral agreement is signed the arbitral agreement is effective in the relation of both the initial, and new creditor, and is equal both the initial, and new debtor.

12. The arbitral agreement containing in the agreement extends also to any disputes connected with the conclusion of such agreement, its entry into force, change, the termination, reality including with return by the parties performed under the agreement nullified or unconcluded if other does not follow from the most arbitral agreement.

13. Rules of arbitration to which the arbitral agreement refers are considered as integral part of the arbitral agreement. Conditions which according to this Law can be determined only by the direct agreement of the parties are not considered as integral part of the arbitral agreement if they are included in rules of arbitration, but concerning them there is no direct agreement of the parties.";

Item 1 of Article 10 to add 7) with words ", at the same time, if other is not specified in the law, the number of arbitrators shall be odd";

To state Article 11 in the following edition:

"Article 11. Appointment of arbitrators

1. Any person cannot be deprived of the right to act as the arbitrator because of his nationality if the parties did not agree about other. The parties have the right to agree about the additional requirements imposed to arbitrators including requirements to their qualification, or about the dispute resolution the specific arbitrator or specific arbitrators.

2. The parties can approve at discretion the procedure of election (appointment) of the arbitrator or arbitrators on condition of observance of provisions of items 4 and the 5th this Article.

3. In the absence of the agreement, stipulated in Item 2 these Articles:

1) under arbitration with three arbitrators each party appoints one arbitrator, two arbitrators appointed thus appoint the third arbitrator; if the party will not appoint the arbitrator within 30 days on receipt of request for it from other party or if two arbitrators within 30 days from the moment of their appointment do not agree about appointment of the third arbitrator, according to the statement of any party appointment is made by competent court;

2) under arbitration with the single arbitrator if the parties do not come to the agreement on election of the arbitrator, at the request of any party appointment is made by competent court.

4. Any party can ask competent court to take necessary measures taking into account the procedure of election (appointment) of arbitrators approved by the parties provided that the agreement on such procedure of election (appointment) does not provide different ways of ensuring appointment if in case of the procedure of election (appointment) of arbitrators approved by the parties:

one of the parties does not observe such procedure, or

the parties or two arbitrators cannot reach the agreement according to such procedure, or

the third party, including permanent arbitration institution, does not perform any function assigned to it according to such procedure.

5. The parties which arbitral agreement provides administration of arbitration by permanent arbitration institution the direct agreement can exclude possibility of permission of the matter court (if the parties the direct agreement excluded the present possibility, in the cases specified in paragraphs the second - the fourth item 4 of this Article, the arbitration stops and the dispute can be transferred to permission of competent court).

6. In case of appointment of the arbitrator the competent court considers any requirements imposed to the arbitrator by the agreement of the parties and such reasons which can provide appointment of the independent and impartial referee.";

9) in Article 12:

a) state Item 1 in the following edition:

"1. In case of the address to any person in connection with its possible appointment as the arbitrator this person shall report about any circumstances which can raise reasonable doubts concerning his impartiality or independence in writing. The arbitrator from the moment of its appointment and during all arbitration shall report immediately to the parties about emergence of any such circumstances if it did not notify them on these circumstances earlier.";

b) in Item 2 of the word "is not qualified, caused by the agreement of the parties" shall be replaced with words "does not conform to requirements imposed by the law or the agreement of the parties";

Item 3 of Article 13 to state 10) in the following edition:

"3. If the statement for challenge to arbitrator in case of application of any procedure approved by the parties or procedures, stipulated in Item 2 these Articles, is not satisfied, the party declaring branch can within one month from the date of receipt of the notification on the decision on variation of branch submit the application to competent court for satisfaction of branch. The parties which arbitral agreement provides administration of arbitration by permanent arbitration institution the direct agreement can exclude possibility of permission of the matter court. Presentation in court of the specified statement in itself does not interfere with reference tribunal, including the arbitrator to whom branch is declared, to continue arbitration and to pass the arbitral decision.";

11) in Article 14:

a) in the name to exclude the word of "(mandate)";

b) state Item 1 in the following edition:

"1. If the arbitrator appears legally or actually incapable to participate in consideration of dispute or does not participate in consideration of dispute during unfairly long term, its powers stop provided that the arbitrator takes rejection or the parties agree about the termination of such powers. In cases if the arbitrator does not take rejection and there is no agreement of the parties on the termination of powers of the arbitrator on any of these bases, any party can appeal to competent court with the statement for permission of question of the termination of powers of the arbitrator. The parties which arbitral agreement provides administration of arbitration by permanent arbitration institution can the direct agreement exclude the present possibility or agree about other procedure for the termination of powers and substitutions of the arbitrator.";

c) in Item 2 to replace the word of "mandate" with the word of "powers";

Article 15 to state 12) in the following edition:

"Article 15. Replacement of the arbitrator

If powers of the arbitrator stop based on Article 13 or 14, or in view of the fact that he takes rejection for any other reason, or in view of cancellation of its powers the agreement of the parties, and also in any other case of the termination of its powers, other arbitrator is appointed according to rules which were applicable to appointment of the replaced arbitrator.";

Article 16 to state 13) in the following edition:

"Article 16. Right of reference tribunal to pronouncement of the resolution on the competence

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