of December 29, 2015 No. 382-FZ
About arbitration (arbitration) in the Russian Federation
Accepted by the State Duma on December 15, 2015
Approved by the Federation Council on December 25, 2015
1. This Federal Law regulates procedure for education and activities of reference tribunals and permanent arbitration institutions in the territory of the Russian Federation, and also arbitration (arbitration).
2. Part provisions 7.1 articles 7, of articles 39 and 43, of Chapters 9 - the 12th this Federal Law are applied to the organization not only arbitration of internal disputes, but also the international commercial arbitration which place is the Russian Federation.
3. To arbitration (arbitration) disputes between the parties of the civil relations by agreement of the parties can be referred if other is not provided by the Federal Law.
4. By the Federal Law transfer restrictions of separate categories of disputes in arbitration (arbitration) can be set.
5. If this Federal Law does not provide other, it extends as to the arbitration (arbitration) administered by permanent arbitration institution and to the arbitration (arbitration) performed by the reference tribunal formed by the parties for permission of specific dispute.
6. The procedure for consideration of disputes in the field of professional sport and elite sport is established by the Federal Law.
For the purposes of this Federal Law the following basic concepts are used:
1) the arbitrator (the arbitration judge) - the physical person elected by the parties or chosen (appointed) in the procedure approved by the parties or established by the Federal Law for the dispute resolution reference tribunal. Activities of arbitrators within arbitration (arbitration) are not entrepreneurial;
2) arbitration (arbitration) - process of the dispute resolution by reference tribunal and decision makings (arbitral decision) by reference tribunal;
3) administration of arbitration - accomplishment of functions by permanent arbitration institution on organizational support of arbitration, including on providing procedures of the choice, appointment or removal of arbitrators, record keeping, the organization of collection and distribution of the arbitration fees, except for directly functions of reference tribunal according to the dispute resolution;
4) arbitration of internal disputes - the arbitration which is not relating to the international commercial arbitration;
5) foreign arbitral organization - the organization created outside the Russian Federation and performing on permanent basis functions on administration of arbitration regardless of whether she is legal entity or is effective without education of the independent legal entity;
6) the international commercial arbitration - arbitration to which the Law of the Russian Federation of July 7, 1993 No. 5338-1 "About the international commercial arbitration" is applied;
7) competent court - the court of the Russian Federation determined according to the procedural legislation of the Russian Federation;
8) committee on appointments - the collegiate organ as a part of at least five people created in permanent arbitration institution, performing functions to destination, to branch and the termination of powers of arbitrators and other functions provided by this Federal Law;
9) permanent arbitration institution - the division of non-profit organization performing on permanent basis functions on administration of arbitration;
10) rules of arbitration - the rules regulating the arbitration including administered by permanent arbitration institution;
11) rules of arbitration of corporate disputes - the rules of permanent arbitration institution regulating arbitration of disputes which are connected with creation of the legal entity in the Russian Federation management of it or participation in the legal entity and which parties are founders, participants, members (further - participants) the legal entity and the legal entity, including disputes over claims of members of the legal entity in connection with legal relationship of the legal entity with the third party if members of the legal entity have right to submission of such claims according to the Federal Law, except for the disputes provided by part 7.1 of article 45 of this Federal Law;
12) rules of permanent arbitration institution - the charters, provisions, regulations containing including rules of arbitration and (or) the rule of accomplishment of separate functions by permanent arbitration institution on administration of the arbitration performed by the reference tribunal formed by the parties for permission of specific dispute;
13) the direct agreement - the agreement which is signed by the parties in the cases provided by part 4 Articles 11, part 3 Articles 13, part of 1 Article 14, part 3 Articles 16, part of 1 Article 27, Article 40, part 2 Articles 41, part 1 of article 47 of this Federal Law and has priority in relation to rules of arbitration;
14) the parties of arbitration - the organization - the legal entities, citizens who are individual entrepreneurs, physical persons which showed the action for declaration according to the procedure of arbitration in protection of the rights and interests or to which the claim according to the procedure of arbitration and also which joined arbitration of corporate disputes as their participants in the cases provided by this Federal Law is made;
15) court - body of judicial system of the Russian Federation or foreign state;
16) reference tribunal - the single arbitrator or board of arbitrators;
17) the reference tribunal formed by the parties for permission of specific dispute, - the reference tribunal performing arbitration in the absence of administration from permanent arbitration institution (except for possible accomplishment of separate functions by permanent arbitration institution on administration of specific dispute if it is provided by the agreement of the parties of arbitration);
18) authorized federal executive body - the federal executive body authorized on implementation of functions on development and realization of state policy in the field of justice;
19) organization right predecessor - permanent reference tribunal which is created about day of entry into force of this Federal Law and in relation to which according to this Federal Law the organization legal successor for the purposes of administration of arbitration is created;
20) organization legal successor - the permanent arbitration institution which is created according to the procedure established by this Federal Law, and performs administration of arbitration according to earlier signed arbitral agreements providing administration of arbitration from organization right predecessor;
21) the electronic document transferred on communication channels - the information prepared, sent, received or stored by means of electronic, magnetic, optical or similar means including electronic data exchange and e-mail.
1. Documents and other materials go to the parties in the procedure approved by them and to the addresses specified by them.
2. If the parties of arbitration did not approve other procedure, documents and other materials go in the last known location of the organization which is the party of arbitration or for the residence of the citizen, including individual entrepreneur, being the party of arbitration, the registered mail with the assurance of receipt or different way providing fixing of attempt of delivery of the specified documents and materials. Documents and other materials are considered received in day of such delivery (delivery attempt fixing) even if the party of arbitration to this address is not or does not live.
If the party which knows that any dispositive provision of this Federal Law or any requirement provided by the arbitral agreement was not observed and nevertheless continues to participate in arbitration, without having declared objections against such non-compliance without unjustifiable delay and if for this purpose any term, during such term is provided, it is considered refused the right to objection.
On the questions regulated by this Federal Law, no judicial intervention shall take place, except as in cases when it is provided by this Federal Law.
The functions specified in parts 3 and 4 of Article 11, speak rapidly 3 Articles 13, of part of 1 Article 14, of part 3 of Article 16 and article 40 of this Federal Law, are carried out by competent court.
1. The arbitral agreement is the 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 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 provided by part 2 of this Article is considered observed if the arbitral agreement is signed including by exchange of letters, telegrams, telex, telefaxes and other documents, including the electronic documents transferred on the communication channels allowing to determine authentically that the document proceeds from other party.
4. The arbitral agreement is also considered the prisoner in writing if it consists by exchange of procedural documents (including the action for declaration and response on the action for declaration) in which one of the parties declares agreement availability, and another does not object to it.
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