Arbitration Rules of the Arbitration Centre at the RSPP

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Chapter 1. General Provisions

Article 1. Scope of application

These Rules shall govern matters related to arbitration administered by the Arbitration Centre at the RSPP (the “Arbitration Centre”), and conduct of its activities not governed by other rules of the Arbitration Centre.

Article 2. Terms and definitions

1. For the purposes of these Rules, the following terms and definitions are used:

1) “Party to arbitration”—a claimant, a respondent, or a participant to the arbitration of a corporate dispute;

2) “Claimant”—a person filing a request for arbitration to protect its rights and interests;

3) “Respondent”—a person against whom a request for arbitration is submitted;

4) “Participant in arbitration of a corporate dispute”—a person who joined the arbitration of a corporate dispute as a participant (party) in accordance with Article 64 (4) (2) of these Rules;

5) “Third person”—a person which is not a party to arbitration, but participates in arbitration in cases governed by these Rules;

6) “A person, participating in arbitration”—a party to arbitration (the “party”), a participant to arbitration of a corporate dispute, or a third party.

2. Other definitions and terms used in these Rules shall apply pursuant to their meanings as set out in the rules of the Arbitration Centre and the law of the Russian Federation.

Article 3. Time limits

1. Relevant arbitral actions shall be performed within the period of time specified in the regulations of the Arbitration Centre; if the rules of the Arbitration Centre do not provide any period of time, within the period of time specified by the arbitral tribunal, or the Arbitration Centre.

2. The period of time for performance a relevant arbitral action, shall be determined by a precise calendar date, a reference to an event that will definitely occur, or a period calculated in years, months, weeks, days or hours.

3. The period of time shall start to run on the day after the calendar date or the occurrence of an event that marks its beginning.

4. If the last day of a period of time falls on a non-working day, the date of expiry of the stated period shall be the next working day.

5. On issues falling within their competence, the arbitral tribunal and the Arbitration Centre, may extend any period of time set out in the regulations of the Arbitration Centre, or established in accordance with such regulations, upon a request of a party to arbitration, or on its own initiative.

Article 4. Representation in arbitration

1. In their relations with the Arbitration Centre, persons participating in arbitration may conduct their affairs personally or through representatives acting under a duly executed power of attorney, or another document authorizing them to represent a principal:

1) before permanent arbitration institutions, or non-profit organisations, or any organisations; or

2) in arbitral or litigation proceedings.

2. In their relations with an arbitral tribunal, persons participating in arbitration may conduct their affairs personally or through representatives, acting under a duly executed power of attorney or another document authorizing them to represent a principal in any arbitral or litigation proceedings, or before any courts.

3. A representative is entitled to take any procedural actions on behalf of the principal, except actions stipulated in paragraph 4 of this Article, unless otherwise provided by a power of attorney, or another document under which the representative acts.

4. A power of attorney or another document authorising a representative, must specifically provide for the representative’s authority to sign a statement of claim and a statement of defence, an application for interim measures, full or partial withdrawal of claims and acceptance of claims, amendment of the cause or subject matter of the claim, entering into a settlement agreement, delegate powers to another individual (sub-delegation), receive monetary funds or other assets.

5. At any time, an arbitral tribunal or the Arbitration Centre may request a power of attorney, or another document confirming his/her authority from a representative.

Chapter 2. Commencement of arbitration, statement of defence and filing a counterclaim

Article 5. Statement of claim

1. A claimant shall set forth his claims in a statement of claim.

2. Unless provided by these Rules, arbitration is commenced on the date when the Arbitration Centre receives the Statement of claim.

Article 6. Form and content of a statement of claim

1. A statement of claim shall be signed by a claimant or its representative and filed to the Arbitration Centre complying with the requirements stipulated by the Rules.

2. A statement of claim shall contain the following:

1) date of the statement of claim;

2) names (last name, first name and patronymic, if any) and places of incorporation (residence) of the parties;

3) substantiation of the arbitral tribunal’s jurisdiction;

4) relief sought by the claimant;

5) circumstances and legal provisions supporting the claim;

6) the evidence confirming the basis for the relief, and the calculation of claims;

7) the amount of the claim; 

8) a list of documents and other materials enclosed to the statement of claim.

3. A statement of claim may contain procedural applications or motions, a reference to any arbitratral guidelines, including the seat of arbitration and the language of arbitration, applicable law and/or arbitration rules, any information regarding the composition of the arbitral tribunal and other information at the party’s discretion, including the parties’ telephone, fax numbers and email addresses.

4. The statement of claim shall be accompanied by the following:

1) a copy of an arbitration agreement on the basis of which the dispute shall be resolved;

2) copies of documents and other materials confirming the circumstances upon which the claimant bases its claims;

3) a copy of a document evidencing the payment of a registration or arbitration fee;

4) a power of attorney and/or other documents confirming the authority of any signatory to a statement of claim.

5. Other documents may be attached to a statement of claim at the claimant’s discretion.

Article 7. Consolidation of claims

1. Claims affecting various legal relations may be consolidated in one statement of claim, provided that such claims are interrelated and one of the following criteria is met:

1) consideration of these claims is provided by the same arbitration agreement;
 2) consideration of these claims is provided by different arbitration agreements which are compatible with each other.

2. Claims arising out of unrelated legal relations cannot be consolidated into one statement of claim. Participation of the same parties in contentious relations, and/or similarity of claims do not constitute a valid reason to consolidate those claims into one statement of claim.

3. While deciding whether to accept the statement of claim the Chairman of the Arbitration Centre may allow the consolidation of different claims arising from unrelated legal relation matters into one statement if he decides that it is reasonable to hear such claims jointly.

Article 8. Amount of claims

1. The amount of a claim is determined by the amount of all claims.

2. The amount of a claim shall be determined in the following ways:

1) as the amount claimed in claims for recovery of money;

2) as the value of assets to be recovered in the claims for the recovery of assets;

3) as the value of a subject matter of a legal relationship on the date of filing of the statement of claim in the claims for recognition or reconstruction of a legal relationship;

4) based on available information regarding the claimant’s property interests in the claims over specific acts or omissions.

3. If the amount of a claim cannot be determined in accordance with paragraph 2 of this Article, it shall be determined based on conditional notional amount of five million (5,000,000) roubles. The Chairman of the Arbitration Centre may at the written request of a party to arbitration, or the arbitral tribunal, or on his own discretion determine another amount based on which the amount of a claim will be determined.

4. The amount of a claim shall not include any claims for the recovery of any fees, costs and expenses related to arbitration.

5. If a claimant fails to determine or has determined the amount of claims erroneously, the Chairman of the Arbitration Centre may, at the request of a party, or the arbitral tribunal, or on his own discretion, determine or adjust the amount of a claim.

Article 9. Acceptance of a statement of claim

1. The issue of acceptance of a statement of claim shall be decided by the Chairman of the Arbitration Centre within five working days after the statement of claim is received by the Arbitration Centre.

2. The Chairman of the Arbitration Centre shall accept statements of claim submitted in compliance with these Rules.

3. A ruling on acceptance of a statement of claim shall be sent to the parties. The respondent shall be served a copy of the statement of claim along with any enclosed documents.

4. If a statement of claim has been submitted in violation of these Rules, the Chairman of the Arbitration Centre shall leave the statement of claim without consideration, providing the basis for such decision.

5. If the basis for leaving a statement of claim without consideration is precluded within thirty (30) calendar days after the date the claimant receives the ruling on leaving the statement of claim without consideration, the statement of claim shall be deemed filed on the date of its initial submission to the Arbitration Centre, and the arbitration shall be deemed commenced.

6. If the basis for leaving a statement of claim without consideration is not precluded within the period of time set forth in paragraph 5 of this Article, the Chairman of the Arbitration Centre shall dismiss a case without prejudice.

The claimant may state that the basis for leaving a statement of claim without consideration is not an impediment to arbitration. In such a case, the decision to accept the statement of claim, or dismiss it shall be resolved by the Chairman of the Arbitration Centre taking into consideration the materiality of deficiencies in the statement of claim.

7. If arbitration shall be administered by a division of the Arbitration Centre according to internal rules, the information of such kind shall be specified in the decision on acceptance of the statement of claim, or in the decision on leaving the statement of claim without consideration.

Article 10. Return of a statement of claim

1. The Chairman of the Arbitration Centre shall return a statement of claim:

1) if a claimant requests its return before the statement of claim has been accepted for consideration;

2) in cases provided in Article 9 (6) and Article 12 (6) of these Rules.

2. A decision to return a statement of claim specifying reasons to do so shall be transferred to the claimant accompanied by the statement of claim itself along with any enclosed documents. The arbitration shall be deemed not to have commenced.

3. The return of a statement of claim does not prevent the same claim being resubmitted to the Arbitration Centre after the grounds for the return of a statement of claim have been resolved.

Article 11. Statement of defence

1. A respondent may submit a statement of defence within fifteen (15) calendar days and, in case of international arbitration, within thirty (30) calendar days after the date of a receipt of a notice on the acceptance of a statement of claim. This period may be extended by the arbitral tribunal if the respondent requests so.

2. A statement of defence submitted after the expiry of the time period specified in paragraph 1 of this Article may be admitted if the arbitral tribunal finds the reason for the delay justifiable.

3. A statement of defence shall be signed by a respondent, or its representative and filed with the Arbitration Centre in compliance with the requirements set out in these Rules.

4. A statement of defence shall contain the following:

1) the date on which a statement of defence is submitted;

2) the name (last name, first name and patronymic, if any) and place of incorporation (residence) of the respondent;

3) the acceptance of a statement of claim or other explanations given by the respondent in relation to the statement of claim, with reference to the facts and rules of law supporting its defence;

4) the evidence which supports the respondent's arguments;

5) a list of documents and other materials enclosed to the statement of defence.

5. A statement of defence may contain procedural motions, references to any particulars of the arbitration, including the seat of arbitration and the language of arbitration, applicable law and/or arbitration rules, any information regarding the composition of the arbitral tribunal as well as other information on the respondent’s discretion, including the respondent’s telephone numbers and email addresses.

6. A statement of defence shall be accompanied by the following:

1) copies of documents and other materials confirming the circumstances the respondent relies upon in his explanations;

2) a power of attorney and/or other documents evidencing the authority of the signatory on the statement of defence.

Article 12. Counterclaim

1. A respondent may file a counterclaim against a claimant within thirty (30) calendar days and, in the event of international arbitration, within sixty (60) calendar days after the date of the acceptance of a statement of claim. This period may be extended by the arbitral tribunal if so is requested by the respondent.

2. A counterclaim filed after the expiry of the time period set in paragraph 1 of this Article, may be considered jointly with the initial claim if the arbitral tribunal finds justifiable reasons for the delay, or admits that the joint consideration of a claim and counterclaim is reasonable.

3. The rules regarding a statement of claim stipulated by these Rules, including those regarding its filing, acceptance and return, shall apply mutatis mutandis to statements of counterclaim.

4. A counterclaim shall be considered by the arbitral tribunal, provided that the counterclaim was accepted in accordance with the Rules, and if:

1) the consideration of a statement of claim and a counterclaim is provided by the same arbitration agreement, or such consideration is stipulated by the arbitration agreement, compatible with the arbitration agreement, that provides for the consideration of the initial claim and;

2) a counterclaim is intended to set off the initial claim, and/or the counterclaim fully or partially leads to the satisfaction of the initial claim, and/or there is an interrelation between the counterclaim and the initial claim and their joint consideration would lead to more expeditious and accurate resolution of the disputes.

5. In the absence of grounds stipulated in paragraph 4 of this Article, or if a cause for missing the time-limit to file a counterclaim is unreasonable, the arbitral tribunal shall dismiss the counterclaim. In such a case, within seven (7) calendar days, the respondent can request the return of the counterclaim, or the counterclaim to be considered in the separate proceedings.

6. If pursuant to paragraph 5 of this Article, a respondent either requests to return the counterclaim or requests the counterclaim to be heard in a separate proceeding, the counterclaim shall be returned to the respondent.

Chapter 3. Submission, communication and service of documents and other materials

Article 13. Submission and communication of documents and other materials

1. In arbitration with a sole arbitrator, any documents and other materials shall be submitted in four copies. In arbitration with a panel of arbitrators, and/or if there are more than two parties to arbitration any documents and other materials shall be submitted in a corresponding greater number of copies for each arbitrator and/or a party to arbitration, unless otherwise established by the Chairman of the Arbitration Centre, or by the arbitral tribunal.

Documents and other materials may be sent by email as scanned copies or otherwise provided electronically if so proposed or approved by the arbitral tribunal and if so proposed or approved by the Chairman of the Arbitration Centre prior to the constitution of the arbitral tribunal.

Documents and other materials may be provided in accordance with to the rules, set forth in the Online Arbitration Regulation approved by the RSPP.

2. Documents and other materials shall be provided through the Arbitration Centre unless otherwise provided for by these Rules, or by the arbitral tribunal.

3. Documents and other materials shall be deemed submitted to the Arbitration Centre if:

1) on the date of their receipt by the Arbitration Centre, which is determined by the date specified on the incoming correspondence stamp or is specified in a document of the Arbitration Centre evidencing the receipt of documents, if such documents and other materials are delivered by hand (courier);

2) on the date of their delivery to a postal operator, which is determined by the date specified in a receipt (waybill) in the place of dispatch, if such documents and other materials are delivered by post;

3) on the date of their receipt at the email address of the Arbitration Centre if such method of delivery of documents and other materials is allowed pursuant to the Rules;

4) on the date of their upload (posting) through the relevant online platform (software), if such documents and other materials are provided pursuant to the Online Arbitration Regulation.

4. Any documents and other materials submitted to the Arbitration Centre by a party to arbitration shall be transferred to the other party to arbitration by the Arbitration Centre Administration. The Arbitration Centre Administration ensures that any documents and other materials originating from the Arbitration Centre and the arbitral tribunal are delivered to the parties to arbitration, as well as that any documents and other materials originating from the Arbitration Centre and the parties to arbitration are delivered to the arbitral tribunal.
 By proposal of the Arbitration Centre Administration or the arbitral tribunal or subject to their approval, parties to arbitration may send documents and other materials directly to each other, providing the evidence of their dispatch and/or delivery (records of their attempts to deliver) and/or service.

5. Documents and other materials shall be sent to parties to arbitration to the addresses specified by them, and may be sent to the legal entity (an individual entrepreneur) address specified in the relevant public register or to the address of an individual’s place of residence (registration). A party to arbitration shall immediately notify the other party, the Arbitration Centre and the arbitral tribunal of any changes in their addresses, including email addresses. A party to arbitration shall bear the risks of any adverse effects caused by specifying a wrong (inaccurate) address and its failure to notify or a late notification of changes in its addresses.

6. Statements of claim, statements of defence, pleadings, notices of the time and the place of hearings, awards issued by the arbitral tribunal and rulings issued by the Arbitration Centre shall be sent to the parties to arbitration by registered mail with confirmation or otherwise provided that an attempt to deliver the relevant communication is recorded. Other documents may be sent by regular mail.

7. Documents and other materials indicated in paragraph 6 of this Article may be:

1) transferred to the parties to arbitration personally under signature;

2) sent to the parties to arbitration by email if the email address is specified in the arbitration agreement, or is specified by the addressee in a document submitted to the Arbitration Centre or the arbitral tribunal;

3) delivered to the parties to arbitration according to the Online Arbitration Regulation.

Article 14. Receipt of documents and other materials

1. Documents and other materials delivered via registered mail, in accordance with Article 13(6) shall be deemed as received on the date of their delivery to the addressee at the addressee’s known address (registered office) or residential address (an individual’s address). Documents shall be deemed received on the date of their delivery (record of an attempt to deliver) to an addressee at his known address even if the addressee is not situated or does not reside at said address or has otherwise refused to accept such documents or failed to appear to collect them and if such documents have not been delivered to the address for any other reason within his control.

2. Any documents and other materials delivered via email, in accordance with Article 13(7)(2) shall be deemed received on the first working day following the day of their dispatch to the addressee to an email address even if the email (communication) has not be delivered to such an address or has not been read by the addressee.

3. Any documents and other materials sent in accordance with Article 13(7)(3) shall be deemed received according to the rules set out in the Online Arbitration Regulation.

Chapter 4. Composition of arbitral tribunal

Article 15. Number of arbitrators

1. In cases provided for by Article 16 (1) of these Rules, the arbitral tribunal shall be composed of a sole arbitrator and in the other cases – of a panel of three arbitrators.

2. The functions provided for the arbitral tribunal or the presiding arbitrator shall be applicable to sole arbitrators.

Article 16. Composition of the arbitral tribunal in arbitration with a sole arbitrator

1. The arbitral tribunal shall be composed of a sole arbitrator:

1) if the parties have agreed that the dispute shall be resolved by a sole arbitrator;

2) in cases provided for pursuant to Article 17 (6) and Article 59 (6) of these Rules;

3) if the amount of a claim does not exceed fifteen million (15,000,000) roubles at the date of the statement of claim is submitted, save where, subject to the facts of a case, including its complexity, the Chairman of the Arbitration Centre decides that arbitral proceedings must be conducted by three arbitrators.

2. If, prior to the acceptance of the claimant’s statement of claim, the claimant fails to produce joint agreement between the parties to choose (appoint) the main and/or a reserve arbitrator, the main and/or reserve sole arbitrators shall be appointed by the Chairman of the Arbitration Centre.

3. If an arbitration is conducted by a sole arbitrator in accordance with paragraph 1 (3) of this Article, the Chairman of the Arbitration Centre may decide, at the request of a party, the sole arbitrator, or on his own initiative, to transfer the case to a panel of three arbitrators due to its complexity, or if during the course of arbitral proceedings the aggregate value of relief sought, including counterclaims, exceed the amount specified in paragraph 1 (3) of this Article by at least by more than 30%.

4. If the Chairman of the Arbitration Centre decides that proceedings must be conducted by a panel of three arbitrators under paragraph 3 of this Article, the selected (appointed) sole arbitrator shall act as the presiding arbitrator while the remaining two arbitrators shall be selected by the parties according to the general procedures contemplated by the Rules for constitution of the arbitral tribunal where proceedings are conducted by a panel of arbitrators within the term not exceeding ten calendar days from the date on which the party  became aware of such a decision. If a party fails to select an arbitrator within the time period provided for by this part, the main and/or reserve arbitrator shall be appointed by the Chairman of the Arbitration Centre on such party’s behalf.

Article 17. Composition of the arbitral tribunal in arbitral proceedings conducted by a panel of arbitrators

1. If the case is considered by a panel of three arbitrators, the claimant is entitled to choose the main and reserve arbitrators by stating the same in its statement of claim or another document filed with the Arbitration Centre before the arbitral proceedings are commenced.

2. If the claimant fails to notify the Arbitration Centre of the selection of an arbitrator within the time period contemplated by Article 17 (1), then the main and/or reserve arbitrators shall be appointed by the Chairman of the Arbitration Centre on the claimant’s behalf.

3. If the case is heard by a panel of three arbitrators, the Respondent is entitled to choose the main and reserve arbitrators within ten (10) calendar days, and in the event of international arbitration - within twenty (20) calendar days of receipt of the Arbitration Centre’s notice on acceptance of the statement of claim.

4. If the respondent fails to notify the Arbitration Centre of selection of an arbitrator within the time period provided for by paragraph 3 of this Article, the main and/or reserve arbitrators shall be appointed by the Chairman of the Arbitration Centre.

5. The main and/or reserve arbitrators chosen by the respondent must differ from the arbitrators chosen (appointed) by the claimant. Selection by the respondent of the same arbitrators as selected (appointed) by the claimant shall be treated as the respondent’s waiver of its right to select an arbitrator and in such a case the main and/or a reserve arbitrator shall be appointed by the Chairman of the Arbitration Centre on the respondent’s behalf.

6. If the period of time contemplated stipulated by paragraph 3 of this Article has expired and both the claimant and the respondent communicate their consent in writing to conduct the proceedings by a sole arbitrator chosen (selected) (appointed) by the claimant, then the said arbitrator shall act as a sole arbitrator.

7. Once the respondent selects (appoints) an arbitrator, the Chairman of the Arbitration Centre shall appoint the main arbitrator and the reserve presiding arbitrator.

Article 18. Composition of the arbitral tribunal in arbitration with multiple claimants or multiple respondents

1. Where there are multiple claimants or multiple respondents, and where the dispute is to be referred to three arbitrators, the multiple claimants, jointly, and the multiple respondents, jointly, shall choose a main arbitrator, and/or a reserve arbitrator for appointment pursuant to Article 17 of these Rules.

2. If claimants or respondents fail to jointly choose the main and/or a reserve arbitrator in the case specified in paragraph 1 of this Article, including due to disagreements as to the candidates, the main and/or reserve arbitrators shall be appointed by the Chairman of the Arbitration Centre on their behalf.

3. If multiple respondents fail to choose the main and/or a reserve arbitrator, including due to disagreements as to the candidates, the Chairman of the Arbitration Centre may, at the written request of at least one of them and subject to the facts of the case, appoint the main and/or reserve arbitrators on behalf of the claimant(s). In such case, the mandate of the arbitrator selected by the claimant(s) shall be terminated.

Article 19. Failure to comply with the procedure of composition of the arbitral tribunal as agreed by the parties

If during the procedure of choosing (appointing) arbitrators agreed by the parties one of the parties fails to comply with such procedure or the parties or arbitrators have failed to reach agreement pursuant to such a procedure or any other party except for the Arbitration Centre fails to exercise its functions vested therein by the agreement of the parties, the Chairman of the Arbitration Centre shall take necessary measures at the request of either party and taking into account such procedures agreed by the parties.

Article 20. Choosing an arbitrator who is not listed in approved arbitrators’ lists, or is residing outside of the place  where the hearing is due to take place

1. If a party (the parties) chooses an arbitrator who is not included in the list of arbitrators referred to in Article 7 (1-3) of the Regulation on the Arbitration Centre, such a party (the parties) shall simultaneously provide:

1) the Arbitration Centre with information that the selected arbitrator meets the requirements stipulated by the Regulation on the Arbitration Centre and provide the arbitrator’s brief biographical details, including details of the arbitrator's education and professional activities;

2) the arbitrator’s contact address, telephone number and email address.

2. If a party (the parties) chooses an arbitrator having its permanent residence outside in a place other than that where the hearing is due to take place, such a party (the parties) shall pay an advance on the cost of the arbitrator’s participation in the proceeding as stipulated by the Regulation on the Arbitration Centre regarding fees and costs.

3. The failure to provide, or delay in providing, the Arbitration Centre with the information pursuant to paragraph 1 of this Article, and failure to pay an advance or a delay in paying an advance under paragraph 2 of this Article may be treated as a party’s (parties’) waiver of its right to select an arbitrator and in such a case the arbitrator shall be appointed by the Chairman of the Arbitration Centre on the party’s (parties’) behalf.

Article 21. Duties of a person selected (appointed) as arbitrator

1. A person chosen (appointed) as an arbitrator shall be deemed to have taken the arbitrator's mandate after the expiry of seven (7) calendar days from the date of receipt of a notice from the Arbitration Centre of such selection (appointment).

2. If the person chosen (appointed) as an arbitrator notifies the Arbitration Centre in writing of his refusal to act as an arbitrator within the period of time stipulated by paragraph 1 of this Article, the selection (appointment) of such arbitrator shall be deemed invalid.

3. The acceptance of the arbitrator’s mandate means that such a person is aware of the Arbitration Centre’s rules, agrees with, and undertakes to comply with such rules.

4. An arbitrator shall immediately inform the parties and/or the Arbitration Centre about any circumstances that may give rise to justifiable doubts, from the viewpoint of a reasonably informed person, as to the arbitrator’s impartiality or independence with respect to a case or legal or factual availability to participate in the case arise during the course of the arbitration.

5. At the request of the Arbitration Centre, an arbitrator shall:

1) provide his biographical details, including details of his educational background and professional activity, and certified documents evidencing such details;

2) provide bank details to enable his fee to be paid.

Article 22. Challenge of an arbitrator

1. An arbitrator may not participate in the arbitral proceedings and shall be disqualified if:

1) any requirements of the arbitrator as stipulated by law, the Arbitration Centre rules, or an agreement between the parties applicable to arbitral proceedings have not been complied with;

2) there are circumstances raising justifiable doubts as to the arbitrator's independence or impartiality.

2. An arbitrator shall be required to resign in cases provided for by paragraph 1 of this Article and Article 24 (2) of these Rules.

3. An arbitrator may be challenged by a party to the arbitration in cases provided for by paragraph 1 of this Article.

4. A written application to challenge, setting out its reasons, shall be filed within seven (7) calendar days after a party to the arbitral proceedings becomes or should have become aware of the choice (appointment) of an arbitrator or the circumstances that give rise to a ground to challenge the arbitrator. An application to challenge an arbitrator filed after the expiry of the stipulated time shall be considered only if the delay in the filing of the application to challenge an arbitrator has a valid reason.

5. A party may challenge an arbitrator it has selected (appointed), or in whose selection (appointment) it has participated, only for reasons it becomes aware of after the choice (appointment) was made.

Article 23. Procedure for consideration of an application to challenge

1. If the arbitration is conducted by a sole arbitrator, the decision on an application to challenge the arbitrator shall be taken by the Chairman of the Arbitration Centre.

2. If the arbitration is conducted by a panel of arbitrators, the decision on an application to challenge the arbitrator shall be taken by other members of the arbitral tribunal by the majority in the absence of the challenged arbitrator. In the event of a tie vote in relation to the arbitrator’s challenge, the decision to challenge the arbitrator shall be resolved by the Chairman of the Arbitration Centre.

3. If the arbitration is being conducted by a panel of arbitrators, the decision on challenges of several arbitrators or the entire arbitral tribunal shall be taken by the Chairman of the Arbitration Centre.

4. The decision on challenge of the arbitrator may be taken without conducting an oral hearing on the basis of written materials provided by the parties as well as by the challenged arbitrator if the challenged arbitrator so wishes to provide.

5. An expert, an interpreter and a reporter may be challenged on the grounds set out in Article 22 (1) of these Rules. In such a case, the decision on challenge shall be taken by the arbitral tribunal following the procedure for the challenge of an arbitrator as set out in these Rules.

6. A decision on the challenge of an arbitrator taken by the Chairman of the Arbitration Centre, may be appealed by a party to the arbitral proceedings to the Nomination Committee within seven (7) calendar days after the party became aware of such a decision. The Nomination Committee shall examine the decision of the Chairman of the Arbitration Centre on the challenge of an arbitrator within ten working (10) days after the application has been submitted.

7. The arbitral tribunal, the Chairman of the Arbitration Centre and the Nomination Committee shall not be obliged to provide reasons for decision on the challenge of an arbitrator. A decision to deny the challenge of an arbitrator shall set forth reasons.

Article 24. Termination of the arbitrator’s mandate

An arbitrator’s mandate shall be terminated:

1) due to his own recusal or a decision to recuse the arbitrator;

2) by an agreement between the parties to the arbitration;

3) following a decision of the arbitral tribunal to terminate the arbitral proceedings and simultaneously with termination of the arbitral proceedings on other grounds;

4) in other cases, provided for by these Rules.

2. If an arbitrator becomes legally or factually incapable to participate in the arbitral proceedings or does not participate in the proceedings for an unreasonably long period of time, the arbitrator's mandate may be terminated by a decision of the Chairman of the Arbitration Centre taken at a written request of the arbitral tribunal or the parties to the arbitration.

3. A decision to terminate an arbitrator's mandate taken by the Chairman of the Arbitration Centre may be appealed by a party to arbitration by summiting the appeal to the Nomination Committee within five (5) calendar days after the party becomes aware of such decision. The Nomination Committee shall examine the decision on termination an arbitrator's mandate taken by the Chairman of the Arbitration Centre within ten (10) working days following submission of the appeal to the Nomination Committee.

Article 25. Replacement of an arbitrator

1. If an individual refuses to act as an arbitrator and/or the arbitrator’s mandate is terminated, he shall be replaced by a reserve arbitrator.

2. If the replacement of main arbitrator by a reserve arbitrator is not possible or if the reserve arbitrator’s mandate is terminated, a new arbitrator shall be selected (appointed) according to the same rules pursuant to which the arbitrator, whose mandate was terminated, had been selected (appointed). 

If a selected (appointed) arbitrator refuses to act as an arbitrator or his mandate was terminated, a new arbitrator shall be appointed by the Chairman of the Arbitration Centre.

Article 26. Delegation of powers

The Chairman of the Arbitration Centre may delegate his powers, provided for by this Chapter, to the Nomination Committee.

Article 27. Appointment of a reporter

1. A reporter shall be appointed by the Chief of Staff (if the arbitration is administered by a division of the Arbitration Centre–by such division’s head) taking into account proposals of the presiding arbitrator as to the reporter candidate, if any.

2. An arbitral tribunal may propose not to appoint a reporter, in which case, the reporter’s functions shall be vested in one of the arbitrators.

The arbitral tribunal may propose to appoint several reporters for the proceedings.

3. The provisions of Article 22 of these Rules in relation to arbitrators shall apply to the reporter.

4. A reporter may resign voluntarily. The reporter’s mandate may be terminated by a decision of the Chief of Staff upon a request of the presiding arbitrator or with his agreement.

5. In the event of the termination of a reporter’s mandate, a new reporter shall be appointed in accordance with the procedure set out in paragraph 1 of this Article.

Chapter 5. Consolidation of proceedings

Article 28. Procedure for consolidation of proceedings

1. At the request of a party, the Chairman of the Arbitration Centre may consolidate proceedings with respect to multiple pending cases provided that all of the parties agree to such consolidation and if: 

1) all proceedings are based on a single arbitration agreement; or 

2) the proceedings are based on different arbitration agreements which are compatible with each other.

2. Separate proceedings shall be consolidated into the proceeding which has been commenced first. Furthermore, the mandate of selected (appointed) arbitrators in other proceedings shall be terminated.

3. The decision to consolidate proceedings may be taken only after consultation between the Chairman of the Arbitration Centre and the arbitral tribunals involved in the proceedings to be consolidated.

4. As a rule, consolidation of proceedings shall not be permitted if on the date of the filing by a party of an application for consolidation of relevant proceedings, different arbitral tribunals were composed, or there are other impediments to consolidation.

Chapter 6. Conduct of arbitration

Article 29. General principles of arbitration

1. The arbitral proceedings shall be conducted on the basis of the disposition principle, the adversarial principle and the principle of equal treatment.

2. The arbitral tribunal, maintaining its independence and impartiality, shall conduct the arbitral proceedings and, at the request of a party to arbitration, shall explain their rights and duties, forewarn them of implications of their procedural actions or omissions, assist them in exercising their rights, create conditions for comprehensive and full examination of evidence, establish the facts and properly apply the relevant rules to resolve the dispute.

3. The arbitral tribunal shall apply the Arbitration Centre rules to the arbitral proceedings provided that the parties to arbitration are in agreement to such rules. The arbitral tribunal shall conduct the arbitration in a manner it deems appropriate for resolving any issues not governed by the Arbitration Centre regulations, an agreement between the parties, or applicable law, including in relation to the admissibility, relevance, materiality, and importance of any document and other evidence submitted.

4. The arbitral tribunal may take measures to reconcile the parties and assist them in the settlement of their dispute.

5. If a party to the arbitral proceedings knew or should have known that any optional provision of the law applicable to the arbitration or any provision stipulated by an agreement between the parties or rules of the Arbitration Centre has not been observed and, nonetheless did not raise any objections against such noncompliance without undue delay and, if a period of time is established for this purpose, during such a time period, it shall be deemed to have waived the right to object. The rule provided for by this paragraph shall apply inter alia if the person participating in the arbitral proceedings has not raised any objections against the applicable version of rules of the Arbitration Centre, arbitral awards orders (regulations) and any matters related to the administration of arbitration by the Arbitration Centre.

Article 30. Seat of arbitration and place of the hearings

1. Unless otherwise agreed by the parties, the seat of arbitration shall be Moscow, the Russian Federation.

2. Hearings of the arbitral tribunal shall be conducted at the location of the central office of the Arbitration Centre and if arbitration is administered by one of the branches of the Arbitration Centre–in the territory where such branch operates.

3. At the request of a party or on its own initiative, the arbitral tribunal may conduct its hearings elsewhere in lieu of what is provided for under paragraph 2.

Article 31. Language of arbitration

1. Domestic arbitration shall be conducted in Russian.

International commercial arbitration shall be conducted in the language or languages agreed by the parties. Where there is no such agreement—in the language or languages determined by the arbitral tribunal while taking into account the respective positions of the parties to arbitration.

2. Unless otherwise provided by these Rules or by an agreement between the parties or established by the arbitral tribunal while taking into account positions of the parties, the rule regarding the language of arbitration shall apply to any oral hearings and written documents originating from the parties to arbitration or from the arbitral tribunal.

3. Documents relating to the arbitration shall be provided by the parties to arbitration in the language of the arbitration, or in the language of the contract, or in the language in which the parties have corresponded with each other. Written evidence shall be submitted in its original language.

4. The arbitral tribunal may request from the parties to arbitration to translate any documents and other materials submitted by them into the language or languages of the arbitral proceedings, or to provide their translation at their own expense.

5. Irrespective of the language or languages of arbitral proceedings, the Arbitration Centre may administer arbitration in Russian and/or English.

Article 32. Substantive law applicable to the merits of the dispute

1. The arbitral tribunal shall resolve any dispute in accordance with Russian law or, in the cases where parties may choose a foreign law as applicable to their dispute, pursuant to those rules, and in the absence of such a reference—pursuant to rules of the substantive law determined by the arbitral tribunal according to conflict of law rules it deems appropriate. Any reference to a law or a legal system of any country must be interpreted as a direct reference to the substantive law of such a country rather than to its conflict of law rules.

2. The arbitral tribunal shall make an award in accordance with the terms of the parties’ contract, and while taking into account relevant trade usages.

Article 33. Procedure for adoption of arbitration acts

1. During the course of arbitration, the arbitral tribunal shall render decisions and orders.

2. The arbitral tribunal shall make an award following a hearing of a case on its merits and in other cases provided for by the Rules.

3. The arbitral tribunal shall make a ruling on any issues not affecting the merits of a dispute. A ruling shall be made by the arbitral tribunal in writing as a separate document, or addressed in a hearing record.

4. When there is more than one arbitrator, any award or other ruling of the arbitral tribunal shall be made by a majority of the arbitrators. No arbitrator may abstain from voting. The presiding arbitrator shall be last to vote.

Any awards and rulings of the arbitral tribunal whereby arbitration is terminated shall be signed by all of the arbitrators composing the arbitral tribunal, while other rulings may be signed by the presiding arbitrator. The arbitrator who disagrees with the majority must sign an award and may put his dissenting opinion into writing which shall be entered on the record.

Article 34. Competence of arbitral tribunal to rule on its jurisdiction

 1. The arbitral tribunal shall have the power to rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause that forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail automatically the invalidity of the arbitration agreement.

2. The Arbitration Centre shall not interfere with the decision of the arbitral tribunal as to whether or not it has jurisdiction over the case and shall not evaluate this matter when accepting the case for consideration.

3. An objection that the arbitral tribunal does not have jurisdiction shall be raised no later than in the statement of defence. If a party raises objections against the arbitral tribunal jurisdiction, the relevant application must be made by the party without undue delay, as a rule, within the time limit provided for by these Rules for submitting a statement of defence.

An objection that the arbitral tribunal has exceeded the scope of its authority shall be raised as soon as the matter, which, in the opinion of the party to proceedings, goes beyond the scope of its authority is raised during the arbitral proceedings.

The failure by a party to comply with requirements to the filing of applications challenging the arbitral tribunal jurisdiction or that the arbitral tribunal exceeds its powers authority constitutes a waiver with respect to such objection.

4. The arbitral tribunal must consider any application made pursuant to paragraph 3 of this Article. The arbitral tribunal may, in either case, admit a later objection if it considers the delay justified.

5. In deciding on its jurisdiction, the arbitral tribunal shall take into account the conduct of the parties over the course of arbitration which may indicate that they have consented to the resolution of the dispute by the arbitral tribunal. Such conduct shall include inter alia submission of objections by a party on the merits of a dispute and the filing of counterclaims. The selection of an arbitrator by a party or other involvement in the composition of the arbitral tribunal shall not deprive a party of its right to claim that the arbitral tribunal has no jurisdiction to hear a dispute referred to it for resolution.

6. The arbitral tribunal may rule on a plea that the arbitral tribunal does not have jurisdiction either as a preliminary question or in an award on the merits.

Article 35. Rights and duties of parties to arbitration

1.Parties to arbitration have the right to review case files, produce and examine evidence, submit questions to other parties to the arbitration (including witnesses and experts), file motions, make statements, provide explanations and present arguments on all matters arising during arbitration, oppose motions, statements, explanations and arguments of the other parties to arbitration, and to exercise other procedural rights contemplated by rules of arbitration. A party is entitled to know the arguments of the other party prior to a hearing of the arbitral tribunal.

2. A party to arbitration may amend or supplement its claims or submissions or produce additional evidence prior to termination of the arbitration. The arbitral tribunal may find it inadvisable to permit to amend or to supplement claims or submissions or to produce additional evidence given the delay.

3. A claimant may withdraw its claim fully or in part before the arbitration is terminated.

4. A respondent may admit claims fully or in part before the arbitration is terminated.

5. Parties may settle their dispute inter alia by making a settlement agreement. A settlement agreement may be entered into by the parties at any stage of the arbitration and after the arbitration has been terminated.

6. A settlement agreement shall be made in writing and contain the terms agreed upon by the parties. A settlement agreement may contain terms as to the amount and time or manner of performance of any obligations owed to each other or owed by one party to the other, delay in performance of obligations or performance of obligations by instalments, assignment, full or partial acknowledgement of debt, allocation of arbitration costs and other terms not contradicting law. A copy of a settlement agreement shall be entered on the record by the arbitral tribunal.

7. Parties to arbitration shall exercise all of their procedural rights in good faith and shall bear the risks involved in taking or failing to take any procedural actions.

Article 36. Burden of proof

1. The parties shall be required to prove the circumstances relied upon in support of any claims or objections raised.

2. Any relevant circumstances of relevance for proper resolution of a case shall be determined by the arbitral tribunal on the basis of claims and objections of the parties to the arbitration in accordance with the applicable rules of substantive law.

Article 37. Evidence

1. Evidence includes any information about facts on the basis of which the arbitral tribunal ascertains existence or absence of circumstances justifying claims and objections made by the parties to arbitration and other relevant circumstances.

2. Written and material evidence, explanations given by the parties to arbitration, witness statements, expert opinions, and other documents and materials may be admitted as evidence.

Taking into account the facts of a case, the arbitral tribunal may accept admissible oral witness statements only if a witness subsequently puts his or her statement in writing to be entered on the record and acknowledges in writing that his or her witness statement is true.

Article 38. Presenting of evidence

1. Evidence shall be presented by the parties to arbitration. The arbitral tribunal may propose to parties to arbitration to submit additional evidence as may be necessary to identify any circumstances of relevance for correct resolution of a dispute.

2. The arbitral tribunal may set a period of time for presenting evidence. The arbitral tribunal may choose not to admit evidence presenting after said period of time has elapsed.

3. Parties to arbitration may seek the arbitral tribunal assistance in obtaining evidence. The arbitral tribunal may issue an order obliging another party to produce relevant evidence in the possession of that party provided that
 the party seeking assistance is unable to obtain said evidence itself.

Article 39. Evaluation of evidence

1. The arbitral tribunal shall evaluate evidence based on comprehensive, complete, objective and first-hand examination.

2. Evidence shall be recognized by the arbitral tribunal as true if as a result of its verification and examination it is found that the information contained therein is true.

3. Each piece of evidence shall be subject to assessment along with other pieces of evidence. No evidence shall have a predetermined effect on the arbitral tribunal.

4. The arbitral tribunal may not consider a fact to be proved if it is evidenced only by a copy of a document if the document’s original is lost or not submitted to the arbitral tribunal and copies of such a document provided by parties to arbitration are not identical and where the true contents of the original cannot be adduced from other evidence.

Article 40. Appointment and conduct of expert examination

1. The arbitral tribunal may set an expert examination to be conducted for the purpose of obtaining clarifications on any issues arising during the course of arbitration if so requested by a party to arbitration, or if the arbitral tribunal considers it necessary.

2. One or more experts, or expert organisations may be instructed to conduct an expert examination.

3. The scope an expert examination shall be determined by the arbitral tribunal after consultations with the parties to arbitration.

4. Parties to arbitration may file motions to engage any individual specified by them as experts or to have expert examinations conducted by a specific expert organization; file motions to add other questions to be clarified through the expert examination; give explanations to an expert; review expert reports or notices that no expert report may be prepared; file motions to conduct additional expert examinations or conduct an expert examination for a second time.

5. The arbitral tribunal in deciding whether to conduct an expert examination shall specify the following:

1) the basis for which an expert examination is requested;

2) the surname, given name and patronymic (if any) of an expert or the name of an expert organization that must conduct the examination;

3) the questions posed to the expert;

4) the materials and documents to be supplied to an expert;

5) the period of time within which expert examination must be completed and an expert report must be provided.

6. An expert may, subject to the arbitral tribunal’s consent, review case files, attend hearings of the arbitral tribunal, pose questions to the parties to arbitration and witnesses, and file motions to obtain additional documents and information.

7. Parties to arbitration may be present during an expert examination save where their presence may disrupt the work of an expert, and provided that they do not interfere with the examination.

8. Parties to arbitration may not be present while an expert prepares an expert report.

9. Once an expert report is submitted, at a party’s or arbitral tribunal’s request an expert may be called to attend an arbitration hearing where parties to arbitration are provided with an opportunity to pose questions to the expert related to the conduct of the expert examination and provision of an expert report.

Article 41. Expert reports

1. An expert or an expert organization, on the basis of research and subject to its findings, shall submit an expert report in writing and sign it.

2. An expert report shall contain:

1) time and venue of the expert examination;

2) reasons to conduct the expert examination;

3) details of an expert organisation, an expert (surname, given name and patronymic (if any), education, profession, record of service, academic degree and title, official capacity);

4) questions posed to the expert;

5) an object of examination and the case record provided for conducting the examination;

6) contents and findings of research, specifying methods applied to;

7) assessment of research findings, and the conclusion and substantiation of questions asked;

3. Apart from the information provided for by paragraph 2 of this Article, an expert report may contain other details.

4. Any materials and documents illustrating an expert report shall be attached to the expert report as an integral part thereof.

5. An expert may include any facts relevant to the case in his report, even if he was not asked about them during the course of examination.

Article 42. Interim measures

1. The arbitral tribunal may, at the request of a party, grant interim measures directed to secure the applicant’s claim or property interests (interim measures).

2. Interim measures may be granted at any stage of arbitration, if such measures are necessary for the enforcement of a subsequent arbitral award or for the sake of preventing substantial harm to the applicant.

3. The arbitral tribunal may grant any interim measures as it deems appropriate. Interim measures must be consistent with the relief sought by the applicant.

4. The arbitral tribunal may require the party requesting an interim measure to provide appropriate counter security in connection with the measure.

5. An application for securing the claim shall be considered by the arbitral tribunal ex-parte normally within five (5) working days following the submission of the application.

6. Prior to the completion of the composition of the arbitral tribunal, a decision on interim measures may be taken by the Chairman of the Arbitration Centre.

7. The arbitral tribunal or the Chairman of the Arbitration Centre may at any time amend or revoke their decision on interim measures.

Article 43. Preparing a case for proceedings

1. The tasks in preparing a case for proceedings shall be inter alia to determine the circumstances that may have relevance for the correct consideration of the case, the applicable law and rules of arbitration that must be complied with during the proceedings, the identity of the parties to arbitration, and the provision of required evidence by the parties to arbitration.

2. The arbitral tribunal shall examine the status of preparations of a case for proceedings and, if it deems necessary, determine the actions that must be taken by parties to arbitration and time for completing such actions to ensure correct and timely resolution of their dispute.

Article 44. Third party participation in the arbitral proceedings

1. If a third party requests to participate in the arbitration, or if a party to arbitration requests the involvement of a third party, the arbitral tribunal shall make a ruling on this application after consulting with the parties.

2. For a third party to participate in the arbitration, it must give its consent in writing. A third-party consent to participate in the arbitration means that such a party has read and understood the Arbitration Centre’s regulations, agrees with, and undertakes to comply with, such regulations.

Article 45. Procedural succession

1. If a party ceases to participate in the arbitration due to a legal relationship established by the act of an arbitral tribunal (reorganisation of a legal entity, assignment of claims, debt transfer, death of an individual, or other cases of substitution of parties in obligations), the arbitral tribunal shall substitute such party by its successor based on corresponding application.

2. All actions taken in the course of the arbitration bind any successor to the same extend as they bound the party substituted by the successor.

Article 46. Arbitration hearings

1. The arbitral tribunal having deemed that a case is ready for proceedings, shall conduct a hearing for its consideration.

2. Unless otherwise provided for by these Rules, a hearing of the arbitral tribunal shall be conducted with participation of the parties to arbitration. An oral hearing shall be conducted by the arbitral tribunal for the parties to arbitration to present their case.

An oral hearing shall be conducted behind closed doors. Individuals not participating in the arbitration may attend a hearing subject to the permission of the arbitral tribunal and a consent of the parties.

3. The Arbitration Centre may summon the parties to arbitration to attend the arbitration hearing at the request of the presiding arbitrator.

A notice on time and place of the arbitration hearing shall be given in advance; each party to arbitration shall have necessary time to appear before the arbitral tribunal, taking into account the circumstances of the case and time necessary to arrive to the arbitration hearing.

4. Once an oral hearing has concluded, the arbitral tribunal may require the parties to arbitration to provide additional written submissions and other documents on the matters relating to their claims and defense, including with respect to reimbursement of fees, costs, and expenses related to the arbitration. Such additional submissions may be considered by the arbitral tribunal without conducting an oral hearing.

5. The arbitral tribunal may conduct a hearing without summoning the parties to arbitration to resolve the matters not affecting the merits of a dispute.

6. By an express agreement of parties, a case may be considered at a hearing of the arbitral tribunal on the basis of documents without summoning the parties to arbitration and without conducting an oral hearing.

If the documents are insufficient to consider a case, the arbitral tribunal may summon the parties to arbitration to conduct an oral hearing.

7. In the absence of the agreement, stipulated by paragraph 6 of this Article, the arbitral tribunal may hear a case subject to the facts of such a case on the basis of available documents without summoning the parties to arbitration provided that neither party insists on the conducting of an oral hearing.

Article 47. Technical means of communication

By a decision or subject to the approval by the arbitral tribunal, an oral hearing may be conducted, statements of witnesses or experts may be heard and other steps that the arbitral tribunal deems necessary, may be taken through video-conference or other technical means of communication.

Article 48. Procedure for conducting an oral hearing

1. When conducting an oral hearing, the presiding arbitrator shall:

1) open a hearing of the arbitral tribunal and announce the case to be heard;

2) verify the attendance of the parties to arbitration, their representatives and other persons, identify them and verify their authority, and decide whether they can be admitted to the hearing as provided in paragraph 2 of this Article;

3) announce the composition of the arbitral tribunal, name the reporter, expert, witness, interpreter, explain to parties to arbitration their right to apply for challenges;

4) find whether any parties absent from the arbitral tribunal’s hearing have been duly notified and what information is concerning reasons for their absence;

5) find whether a case may be heard;

6) preside over the arbitral tribunal’s hearing, ensures proper conditions for a comprehensive and full examination of evidence and facts of the case, ensure that applications and motions filed by parties to the arbitration be duly considered;

7) take measures to keep order at the arbitral tribunal’s hearing;

8) exercise other functions required for the purpose of conducting a hearing.

2. If a party to arbitration or its representative fails to provide required documents or provide any documents that do not meet the requirements provided for by arbitration rules and by applicable law, then the arbitral tribunal shall not acknowledge the authority of the relevant party or its representative and shall not allow them to continue participating in oral hearings.

Article 49. Records of oral, audio and video recordings of the arbitral tribunal hearing

1. A hearing shall be recorded, save where neither the parties to arbitration, nor the persons summoned (witness, expert, etc.) appeared to the hearing.

2. A transcript of an oral hearing shall contain:

1) the number of the case;

2) the year, month, day and place of the arbitral tribunal hearing;

3) information about the arbitrators and reporter;

4) information about attendance of the parties to arbitration at the hearing and other persons, including witnesses, experts, and/or interpreters, and details of any identification documents and documents confirming the authority of parties to arbitration and their representatives provided to the arbitral tribunal and presented for inspection;

5) a summary of the arbitral tribunal hearing;

6) applications and motions filed by the parties to arbitration;

7) decisions taken by the arbitral tribunal during and following the hearing;

8) other information to be recorded in the transcript at the request of parties to arbitration and/or at the direction of the arbitral tribunal.

3. A record shall be made in writing and signed by all of the arbitrators sitting on the arbitral tribunal or by the presiding arbitrator.

4. Parties to arbitration have the right to review the transcript of the arbitral tribunal hearing.

5. The arbitral tribunal may make an audio recording of a hearing, including for the purposes of preparing the transcript.

6. Parties to arbitration may make an audio recording provided they notify the arbitral tribunal of such intention.

7. The arbitral tribunal may permit video recording of the arbitral tribunal hearings at the request of a party, and shall take into account the opinion of the persons participating in arbitration when deciding on the request.

Article 50. Conduct of the arbitral proceedings involving a failure to submit a statement of defence, additional evidence, and in the absence of parties to arbitration and other parties

1. A failure to submit a statement of defence, or evidence that the arbitral tribunal ordered to provide shall not prevent the considering of the case on the basis of available evidence if the arbitral tribunal finds that such the failure to submit a statement of defence, or additional evidence is unjustified.

2. The respondent’s failure to provide its defence may not be considered as acknowledgement the claims raised by the claimant.

3. The parties to arbitration may notify the arbitral tribunal that proceedings may be conducted in their absence.

4. If a party or its representative, duly notified under these Rules regarding the time and place of the arbitral hearings, fails to appear at a hearing, the arbitral tribunal may proceed with the arbitration, if the cause of such failure to appear at the hearings is considered by the arbitral tribunal as unjustified.

5. If a witness or an expert, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause for such failure, the arbitral tribunal may disregard their written statements when making its award.

Article 51. Postponement of the arbitral proceedings

1. The arbitral tribunal shall postpone the proceedings when a party to arbitration fails to appear to a hearing, provided that the arbitral tribunal is convinced that the party that failed to appear was not duly notified of the time and place of the arbitral hearing.

2. If a mediation agreement made in writing and consistent with statutory requirements is submitted to the arbitral tribunal, the arbitral tribunal shall postpone the proceedings until the mediation that is the subject of said agreement is completed.

3. The arbitral tribunal may postpone proceedings if so requested by a party to arbitration, duly notified under these Rules, if the party or its representative has failed to attend the arbitration hearing for a justified reason.

4. The arbitral tribunal may postpone the arbitration hearing if it finds that the case cannot be heard during the arbitration hearing, in particular, due to the absence of any of the parties to arbitration or other summoned persons (interpreter, witness, expert, etc.) or in order to satisfy a party’s motion to postpone due to the need to provide any additional evidence or take other steps.

5. The arbitration hearing shall be postponed if one or more arbitrators have failed to appear at the hearing. In such a case, the arbitrators present at the arbitral tribunal hearing may issue an order to postpone the proceedings.

Article 52. Suspension of the arbitral proceedings

1. The arbitral tribunal may suspend the arbitral proceedings by its own initiative or if requested by a party to arbitration.

2. The arbitral tribunal may resume proceedings at the request of a party to arbitration after the circumstances that have caused its suspension have been eliminated or, prior to their elimination, at the request of the party who requested the proceedings to be suspended. In any case, the arbitral tribunal may resume proceedings on its initiative.

Article 53. Closure of the arbitral proceedings

1. After the arbitral tribunal finds that all facts of a case have been sufficiently examined, it shall proceed to issue an order closing the arbitration.

2. The arbitral tribunal may, if it deems necessary, delay the issuing of an order to close arbitration and summon its parties to an additional hearing.

Article 54. Time limits for proceedings

Both the arbitral tribunal and the Arbitration Centre shall take measures to complete proceedings in the shortest period of time possible. In any case, proceedings must be completed within ninety calendar days, and for international commercial arbitration–within one hundred and eighty days after the date the arbitral tribunal has been constituted. The Chairman of the Arbitration Centre may extend the time of proceedings at the arbitral tribunal’s request or on its own initiative.

Chapter 7. Termination of arbitral proceedings

Article 55. Arbitral award

1. The arbitration shall be terminated by the arbitral tribunal making an award on the merits; the award shall be made within the time limit provided for by Article 54 of these Rules.

2. The arbitral tribunal may make a separate award on specific issues or on parts of the claims raised.

3. An arbitral award shall be deemed as made at the seat of arbitration and on the date when a fully drafted and reasoned award is signed by the arbitrators composing the arbitral tribunal.

Article 56. Form and content of an award

1. An arbitral award shall be set out as a separate document in writing.

2. An award shall be signed by all the arbitrators, including an arbitrator having a dissenting opinion.

The dissenting opinion shall be appended to the arbitral award and its copy shall be delivered to the parties to arbitration.

3. If the arbitral proceedings have been conducted by a panel of arbitrators, the arbitral award may be signed by a majority provided that reasons for the absence of the other signatures are specified.

4. An arbitral award shall contain:

1) date of the award;

2) seat of the arbitration;

3) members of the arbitral tribunal and procedures for its constitution;

4) company names (surname, given name and patronymic (if any)) and places of incorporation (residence) of parties to arbitration;

5) basis of the arbitral tribunal’s jurisdiction;

6) relief sought by the claimant and the respondent’s objections;

7) the facts of a case found by the arbitral tribunal, the evidence on which the arbitral tribunal has drawn its conclusions regarding such facts, and the legal rules the arbitral tribunal has relied on to make its award;

8) the operative part of the award containing findings of the arbitral tribunal to sustain or dismiss each claim raised. The operative part shall specify the amount of costs related to the resolution of a dispute by the arbitral tribunal, allocation of such costs between the parties and, if necessary, the time and manner of the enforcement of an award;

9) information that the arbitration has been administered by the Arbitration Centre.

5. If the arbitration should be terminated without making an award in respect of some of the relief sought, this may be specified in the arbitral award without having to issue another document in the form of a ruling.

6. An arbitral award shall be deemed binding and subject to immediate enforcement by the parties unless another time period of enforcement is contemplated thereby.

Article 57. Rendering and communication of an award

1. After an oral hearing is closed, the arbitral tribunal may:

1) announce the operative part of the award;

2) order that the arbitral award will be sent to the parties without announcing its operative part.

2. An arbitral award shall be drafted and signed in such a number of copies which exceeds the number of parties to arbitration by one. One of these copies shall be added to the case file.

3. The original (original copy) of an arbitral award shall be delivered to each party and a copy of the arbitral award certified by the Chairman of the Arbitration Centre may be delivered to other parties to arbitration upon request.

Article 58. The Arbitral Award by consent

1. If the parties settle the dispute during the arbitration by entering into a settlement agreement, the arbitral tribunal shall record such settlement in its award by consent at the request of the parties to arbitration.

2. Provisions of Articles 55–57 of these Rules shall apply to an arbitral award by consent, mutatis mutandis.

3. If a settlement agreement does not provide for allocation of the arbitration costs, the arbitral tribunal shall decide this matter as per general procedures contemplated by the regulations of the Arbitration Centre.

Article 59. Termination of arbitration without rendering an arbitral award

1. If no arbitral award is made, the arbitration shall be terminated by issuing a ruling.

2. The arbitral tribunal shall issue a ruling to terminate arbitration if:

1) a claimant withdraws the claim unless a respondent raises objections against termination of arbitration and the arbitral tribunal does recognize the respondent’s lawful interest in the final resolution of a dispute on its merits;

2) the parties have agreed to terminate the arbitration;

3) the arbitral tribunal finds that continuation of arbitration has become unnecessary or impossible, including where:

- there is a legally effective judgement or arbitral award issued in a dispute between the same parties, in relation to the same subject matter and based on the same causes of action;

- the arbitral tribunal comes to the conclusion that it has no jurisdiction to consider a dispute referred to it for resolution;

- a corporate party to the arbitration has been wound up;

- a sole entrepreneur or an individual who is a party to the arbitration has died or is declared deceased or missing;

- there are no prerequisites for resolution of a dispute on the merits, including where proceedings have been suspended for more than three months due to the claimant’s failure to act, unless the reason for such omission is justified.

3. The claimant’s failure to comply with a mandatory pre-judicial dispute resolution procedure per se shall not serve as a ground for the arbitral tribunal to issue a ruling on termination of the arbitration. 

If the claimant fails to comply with a mandatory pre-arbitration (pre-action) dispute resolution procedure, the respondent, if he raises any objections regarding continuation of the arbitration for such a reason, must make a relevant statement without undue delay within the time limits provided for by these Rules for submission of a statement of defence. 

If a respondent raises objections regarding continuation of the arbitration for the reason of claimant’s failure to comply with a binding pre-judicial dispute resolution clause, the arbitral tribunal may, with due regard given to the facts of a case:

1) continue the arbitral proceedings if such an objection has been made with undue delay or after the respondent has acted in a manner indicating his consent to the resolution of the dispute by way of arbitration, which, including, inter alia, submissions of objections on the merits of the dispute, raising of counterclaims, filing of procedural applications and motions (except those relating to the selection of an arbitrator or to the constitution of the arbitral tribunal);

2) postpone or suspend the arbitral proceedings, allowing the parties to comply with the pre-arbitration procedures;

3) terminate the arbitration proceedings.

4. Provisions of Articles 55–57 of these Rules shall apply to a ruling on termination of the arbitration proceeding mutatis mutandis.

5. The termination of the arbitral proceedings shall not preclude a party from subsequently filing a statement of claim with the Arbitration Centre again in relation to the same dispute between the same parties, in relation to the same controversy subject of dispute and on the basis the same causes of action after the circumstances causing said termination have transpired.

6. Prior to the composition of the arbitral tribunal if arbitration is to be terminated on the ground that the claimant has not duly paid the arbitration fee, the Chairman of the Arbitration Centre, who then acquires the authority as the sole arbitrator, may issue a ruling to terminate the arbitration.

Where the Chairman of the Arbitration Centre acquires the authority as the sole arbitrator pursuant to paragraph 1 of this part, powers of the other chosen (appointed) arbitrators shall terminate.

Article 60. Reinstatement of arbitrators’ powers

1. Powers of an arbitrator shall be temporarily reinstated and then terminated after actions contemplated by Articles 61–62 of these Rules have been taken, as well as in other circumstances requiring the arbitral tribunal to take further actions following termination of arbitration , including where a party files an objection to a motion to set aside an arbitral award a motion to refuse enforcement of an arbitral award, where a settlement agreement by mutual consent of the parties on agreed terms, has been approved, in cases of substitution of an earlier arbitral award, and in cases of procedural succession.

2. An arbitrator’s powers shall not be reinstated if an application for approval of a settlement agreement on agreed terms by an award, substitution of an earlier arbitral award, or for procedural succession, has been filed with the Arbitration Centre after proceedings are commenced as per application to set aside an arbitral award or to issue a writ of execution for its enforcement.

Article 61. Correction of clerical, typographical or computational errors

1. Any party to arbitration may, upon notice to the other party, request the Arbitration Centre to correct any clerical, typographical or computational errors or other errors of a similar nature within thirty calendar days after the date of receipt of the arbitral award.

2. The arbitral tribunal shall, if it finds that the request specified in paragraph 1 of this Article is warranted, issue an order to correct any clerical, typographical or computational errors or other errors of a similar nature within thirty calendar days after the date of receipt of such a request, which shall become an integral part of the arbitral award.

3. The arbitral tribunal may on its own initiative correct any errors specified in paragraph 1 of this Article within thirty calendar days after the date on which it renders the arbitral award.

Article 62. Additional arbitral award

1. Any party to arbitration, upon notifying the other party or parties, may request the Arbitration Centre to make an additional award in respect of any claims raised during the arbitration but not recorded in the award within thirty calendar days after the date of receiving the arbitral award.

2. The arbitral tribunal shall, if it finds that the request specified in Paragraph 1 of this Article is justified, make an additional award within sixty calendar days after the date of its receipt, which shall become a part of the arbitral award.

Article 63. Interpretation of an arbitral award

1. Any party to arbitration, upon notifying the other party or parties, may request the Arbitration Centre to clarify (interpret) an award, any part thereof, or any of its sections, within thirty calendar days after the date of receiving the arbitral award.

2. The arbitral tribunal shall, if it finds that the request specified in paragraph 1 of this Article is justified, issue a decision clarifying (interpreting) the arbitral award within thirty (30) calendar days after the date of its receipt, which becomes its integral part.

The arbitral tribunal may clarify (interpret) its award, any part thereof, or any of its sections without changing the award’s content.

Chapter 8. Special and final provisions

Article 64. Arbitration rules for corporate disputes

1. The provisions of these Rules shall apply to arbitration of corporate disputes, subject to the provisions contained in this article.

2. The rule provided for paragraph 1 of this Article shall not apply to the arbitration of corporate disputes which, according to the law applicable to the arbitration, may be resolved in the absence of rules for the arbitration of corporate disputes.

3. The Arbitration Centre administering corporate disputes shall:

1) notify the legal entity, in respect of which a corporate dispute has arisen, of a filed statement of claim and send a copy of the statement of claim to such a legal entity to the address specified in the unified public register of legal entities within three calendar days after the Arbitration Centre receives the statement of claim;

2) post information about the statement of claim on its website within three days after the Arbitration Centre receives the statement of claim;

3) notify and update all of the participants to the arbitration of a corporate dispute of proceedings updates by sending them copies of written submissions, notices, decisions and awards of the arbitral tribunal unless a participant in the arbitration of a corporate dispute has refused, in writing, to receive such information.

4. During the arbitration proceedings of a corporate dispute:

1) the legal entity, in respect of which a corporate dispute has arisen, must notify all members of such a legal entity of the receipt of statement of claim, together with a copy thereof, as well as the holder of such legal entity’s shareholders register and/or the depositary, accounting for titles to such a legal entity’s equity securities within three days after the receipt by such a legal entity of the statement of claim;

2) each member of a legal entity, in respect of which an arbitration of a corporate dispute has commenced, may join the arbitration at any stage by submitting a written request to the Arbitration Centre, provided that such entity becomes a participant (a party) to the arbitration from the date the Arbitration Centre receives  such a request, accepting the arbitration in the condition in which it is at the given moment, and provided that such entity waives any objections and challenges with respect to any procedural steps that have taken place prior to becoming a participant (a party) to the arbitration (including challenges to arbitrators on the same grounds that existed prior to the joinder);

5. The documents and other materials not specified in paragraph 3 (3) of this Article shall be sent to the parties to arbitration of a corporate dispute provided that the arbitral tribunal deems such correspondence is important for the parties in making decisions or for protecting their rights and legitimate interests.

6. Claims may be retracted or admitted and a settlement agreement may be entered into without the need to obtain the consent from all parties to arbitration of a corporate dispute, save where a party submits a written objection within thirty calendar days after the receipt of a written notice from the Arbitration Centre regarding a retraction or admission of claims or an entry into a settlement agreement and provided that the arbitral tribunal ascertains such a participant’s legally protected interest in the continuation of the arbitration of a corporate dispute.

Article 65. Exercise of specific functions to administer the arbitration by the Arbitration Centre

The Arbitration Centre performs functions in connection with the arbitration, including appointment of arbitrators, deciding questions of challenges and removals of rights of arbitrators, during the course of arbitration by the arbitral tribunal established by the parties for the resolution of the specific dispute, without the overall administration of the dispute in the way the Arbitration Centre finds it appropriate, subject to the applicable rules. 

Article 66. Confidentiality

1. Activities of the Arbitration Centre and the arbitral tribunal in connection with the arbitration of a specific dispute and all information, documents and materials to be provided over the course of the arbitration shall be confidential and must be kept confidential by a person involved in such activities in any capacity.

2. No arbitrator, reporter, member of bodies, authorised persons or employees of the Arbitration Centre may disclose any information that became known to them over the course of an arbitration without consent of the parties.

3. The Arbitration Centre shall in its sole discretion determine the terms under which any other individual can participate in the activities of the Arbitration Centre and gain access to any materials submitted to the Arbitration Centre.

4. Through their sole discretion or at the request of a party to the arbitral proceedings, the arbitral tribunal and the Arbitration Centre may take any measures intended to protect confidential information.

5. Subject to the discretion of the Chairman of the Arbitration Centre, decisions of the arbitral tribunal shall be published provided that the information identifying parties to arbitration and/or containing price, quantitative and other information pertaining to the nature of the dispute is not disclosed.

6. If the laws or agreement between the parties applicable to the arbitration provide for digression from the principle of confidentiality of arbitration, the arbitration shall be administered by the Arbitration Centre and conducted by the arbitral tribunal subject to the rules of transparency (openness) of arbitration provided for by law or approved by the parties.

Article 67. Liability

Arbitrators, reporters, members of bodies, authorised persons and employees of the Arbitration Centre shall be liable to the parties for their actions (or omissions) in connection with an arbitration pursuant to the applicable laws.

Article 68. Record Keeping

The cases and documents that are to be delivered to the Arbitration Centre for safe keeping pursuant to the law applicable to arbitration and rules of arbitration shall be kept by the Arbitration Centre for five years from the date of completion of a relevant arbitration proceeding.

Article 69. Effect of the Rules

The Rules shall apply for any arbitration commenced after 1 August 2018.

 

* In case of inconsistency between the Russian language text and the English language text, the Russian version shall prevail, and the interpretation must be carried out primarily on the basis of the Russian version of the text.