Regulation on the Arbitration Centre at the RSPP
Approved by the Order of the President of the RSPP of 03 November 2021 No RP-30 and applies to any arbitration commenced after 1 January 2022.
1. The Arbitration Centre at the Russian Union of Industrialists and Entrepreneurs (hereafter referred to as the Arbitration Centre), is an independent permanent arbitration institution exercising functions of administration of arbitration (hereafter referred to as the arbitration) pursuant to the Federal Law “On Arbitration (Arbitral Proceedings) in the Russian Federation” and the Law of the Russian Federation “On International Commercial Arbitration”, and other regulations and rules of the Arbitration Centre.
2. The Arbitration Centre was established by the Russian Union of Industrialists and Entrepreneurs, a Russian nationwide non-governmental organization (hereafter referred to as RSPP), which approves the rules of the Arbitration Centre and shall assist its activity in other ways.
3. The full name of the Arbitration Centre in Russian is «Арбитражный центр при Общероссийской общественной организации «Российский союз промышленников и предпринимателей».
The abbreviated names of the Arbitration Centre in Russian are «Арбитражный центр при Российском союзе промышленников и предпринимателей (РСПП)», «Арбитражный центр при РСПП».
4. The full name of the Arbitration Centre in English is «The Arbitration Centre at the Russian Union of Industrialists and Entrepreneurs». The abbreviated names of the Arbitration Centre in English are «The Arbitration Centre at the RSPP», ACRU/RSPP.
5. The Arbitration Centre has its own round seal, stamps and letterheads bearing its name and logo which includes the logo of the RSPP.
6. The concepts and terms used in this Regulation shall apply in their meanings used in the rules of the Arbitration Centre and laws of the Russian Federation.
1. The Arbitration Centre is a successor to the Arbitration Court at the Russian Union of Industrialists and Entrepreneurs (the Arbitration Court at the RSPP), the Arbitration Commission at Moscow Stock Exchange MICEX-RTS Public Joint Stock Company (Arbitration Commission at Moscow Stock Exchange PJSC) and the Arbitration Court of the National Association of Securities Market Participants (Arbitration Court of NAUFOR) since the time the Arbitration Centre was granted a right to administer arbitration.
2. From the time of the Arbitration Centre’s succession in respect of the existing permanent arbitration courts (its legal predecessors) specified in paragraph 1 of this Article, the Arbitration Centre shall be entitled to administer disputes on the basis of the parties’ agreements to refer their disputes to a relevant predecessor institution and, in particular, continue to administer arbitrations commenced and not completed by the time of succession. Furthermore, the powers of predecessor’s bodies and authorized individuals shall be exercised by relevant bodies and authorized individuals from the Arbitration Centre.
1. The place of the Arbitration Centre, including its central Secretariat, shall be the capital of the Russian Federation, Moscow.
2. Outside its place the Arbitration Centre may have its branches, consisting of one or several offices, and regional offices. A decision to establish or dissolve a branch (regional office) of the Arbitration Centre shall be taken by the RSPP.
1. The Arbitration Centre may administer any disputes referred to arbitration provided that such disputes may be subject to arbitration pursuant to applicable laws and international treaties. The arbitral tribunal addresses the issue of arbitrability of a dispute to determine its competence pursuant to the procedure prescribed by the Arbitration Rules of the Arbitration Centre at the RSPP.
2. Parties to the arbitration administered by the Arbitration Centre may include individuals, sole traders, legal entities, public legal entities and any other entities, including unincorporated bodies, which by virtue of their status under the laws of their incorporation may sue and be sued in a court of law.
The Arbitration Centre may carry out the following activities:
1) administer arbitration of the disputes specified in paragraph 1 of Article 4 of this Regulation, including arbitration of domestic disputes and international commercial arbitration;
2) perform various functions to administer arbitration, including the appointment of arbitrators, challenges and dismissals of arbitrators during the arbitration conducted by an arbitral tribunal constituted by parties to resolve a dispute, without resolving the disputes.
1. A dispute administered by the Arbitration Centre shall be resolved by an arbitral tribunal (a sole arbitrator or a panel of arbitrators) constituted pursuant to the Arbitration Rules of the Arbitration Centre at the RSPP.
2. An arbitrator in a specific case may include an individual possessing appropriate knowledge in dispute resolution falling within the competence of the Arbitration Centre, being independent from the parties to the arbitration and impartial towards them and complying with statutory requirements, rules of the Arbitration Centre and an arbitration agreement between the parties.
3. The following individuals may not act as arbitrators:
1) an individual below twenty-five years of age, incapacitated or with limited legal capacity;
2) an individual whose conviction has not been expunged or removed from official records;
3) an individual whose powers as a judge, attorney, notary public, investigator, prosecutor or another officer of law enforcement authorities have been terminated in the Russian Federation in a manner prescribed by the federal law over any misconduct incompatible with his or her professional activities;
4) an individual who cannot be an arbitrator due to his or her status as determined by law;
5) an individual who has been disqualified pursuant to administrative offence laws of the Russian Federation (during the disqualification period).
4. The sole arbitrator or the presiding arbitrator in the event of the resolution of a dispute by a panel of arbitrators, subject to provisions of paragraph 5 of this Article, must meet one of the following requirements:
1) hold a law degree confirmed by a diploma in the prescribed form issued in the Russian Federation;
2) hold a law degree confirmed by documents of foreign states and recognized in the Russian Federation.
5. If a dispute shall be resolved by a panel of arbitrators, the parties to arbitration may agree that the presiding arbitrator may not meet the requirements contemplated by paragraph 4 of this Article provided that an arbitrator who meets such requirements sits on the arbitral tribunal.
6. Parties to arbitration may agree on any additional arbitrator requirements, including requirements as to their qualification, or agree on a resolution of a dispute by a particular arbitrator or arbitrators.
7. In arbitration administered by the Arbitration Centre, any issues regarding compliance by arbitrators with requirements of independence and impartiality shall be governed by the Rules of the Arbitration Centre and the Arbitration Centre’s Rules on Independence and Impartiality of Arbitrators to be approved by the RSPP.
1. The RSPP shall approve a single recommended list of arbitrators of the Arbitration Centre.
2. The RSPP may approve separate recommended lists of arbitrators of the Arbitration Centre for the purposes of domestic arbitration and international commercial arbitration instead of a single recommended list of arbitrators.
3. In order to enhance the ability of parties to arbitration to exercise their right to participate in the constitution of an arbitral tribunal, the RSPP may approve a single list or separate lists of associated arbitrators of the Arbitration Centre. Such lists shall include individuals with requisite expertise in dispute resolution falling within the competence of the Arbitration Centre and are not placed on the lists of arbitrators specified in paragraphs 1 - 2 of this Article.
4. The lists of arbitrators specified in paragraphs 1 - 3 of this Article shall be approved for an indefinite period and amended as and when necessary.
5. Parties to arbitration and the Arbitration Centre may elect (appoint) arbitrators who are not placed on the lists of arbitrators specified in paragraphs 1 - 3 of this Article.
6. The arbitrator to be elected (appointed) from among the arbitrators who are not placed on the lists of arbitrators specified in paragraphs 1 - 3 of this Article must meet the following requirements in addition to the requirements contemplated by paragraphs 2 - 3 and 6 of Article 6 of this Regulation:
1) one of the requirements specified in paragraph 4 of Article 6 of this Regulation; and
2) an academic degree issued in the Russian Federation in the academic discipline contained in the list to be approved by an authorized federal executive authority pursuant to Article 47 Part 3 of the Federal Law “On Arbitration (Arbitral Proceedings) in the Russian Federation” or experience in the resolution of civil disputes as an arbitrator and (or) as a judge of a federal court of the Russian Federation for at least ten years.
7. An individual who does not appear in the lists of arbitrators specified in parts 1 - 3 of this Article and who does not meet the requirements of part 6 of this Article may be elected (appointed) as arbitrator subject to approval of the Nomination Committee of the Arbitration Centre.
1. Specialized panels that include arbitrators specializing in specific categories of disputes may be formed from among the individuals appearing in the lists of arbitrators specified in paragraphs 1 - 3 of Article 7 of this Regulation.
2. Specialized panels shall be set up by approval of the Annex to this Regulation, specifying the designation of the panel, a list of disputes it is competent to hear and a list of arbitrators. The approval is granted by the RSPP.
3. To hear a dispute falling within the competence of a specialized panel, the arbitral tribunal shall be formed exclusively from among the arbitrators listed on such a panel provided that it is contemplated by an express agreement between parties to arbitration. Unless such an express agreement between parties to arbitration exists, a dispute falling within the competence of a specialized panel may be heard by the arbitral tribunal formed from among the individuals both listed and not listed on such a panel.
Inclusion of an arbitrator in a specialized panel in itself does not mean that he or she is unable to participate in the resolution of any disputes not falling within the competence of such a panel.
4. The RSPP subject to the opinion of the Chairman of the Arbitration Centre shall appoint a panel chairman and may appoint deputies to a panel chairman from among members of a specialized panel.
The opinion of the chairman of a specialized panel shall be taken into account by the Chairman of the Arbitration Centre when resolving any issues in a dispute falling within the competence of a specialized panel and heard pursuant to the parties’ express agreement to form the arbitral tribunal from among the arbitrators listed on such a panel.
The chairman of a specialized panel shall act on behalf of the Arbitration Centre at various events (forums, conferences, seminars, round-table discussions, etc.) and shall inform interested persons about the Arbitration Centre’s activities with respect to any matters falling within the competence of a specialized panel.
In the absence of the chairman of a panel or on his instructions, one of the deputy chairmen may act as a panel chairman.
5. The presidium of a panel consisting of no more than seven members may be constituted from among members of a specialized panel authorized to assist the Presidium of the Arbitration Centre in any matters falling within the competence of such a panel.
6. Members of the presidium of a specialized panel shall be appointed by the RSPP for an indefinite period subject to the opinion of the panel chairman. A member of the presidium of a specialized panel may resign if he or she so wishes. A member of the presidium of a specialized panel may be removed by decision of the RSPP.
Members of the presidium of a specialized panel shall elect from among themselves the chairman of the presidium of the specialized panel and may elect deputies to the chairman of the panel’s presidium by simple majority vote.
7. The chairman of the specialized panel’s presidium shall conduct its general management, convene its meetings, determine the form of its meetings, draw up their agenda, preside at meetings, organize voting on matters on the agenda and count votes.
In the absence of a chairman of a specialized panel’s presidium or on his instructions, one of his deputies may act as a chairman of the panel’s presidium.
8. Meetings of a specialized panel’s presidium shall be held in a manner contemplated by paragraph 4 - 8 of Article 12 of this Regulation for meetings of the Presidium of the Arbitration Centre.
1. Branches of the Arbitration Centre shall be set up to ensure that it fulfils its functions in a certain territory.
The area of operations of a branch of the Arbitration Centre shall be determined by the RSPP and specified on the Arbitration Centre’s website.
2. In order to ensure that branches of the Arbitration Centre fulfil their functions, local panels may be established from among the individuals appearing in the lists of arbitrators specified in paragraphs 1 - 3 of Article 7 of this Regulation and include the arbitrators who have their permanent residence or predominant place of residence in the area of operations of the relevant branch of the Arbitration Centre or who have given their consent to participate in the arbitral tribunal hearings to be held in the area of operations of such a branch of the Arbitration Centre.
Inclusion of an arbitrator in a local panel does not mean that he or she is unable to participate in arbitral tribunal hearings held outside the area of operations of the relevant branch of the Arbitration Centre.
Unless an express agreement between parties to arbitration as specified in sub-paragraph 2 of paragraph 9 of this Article exists, a dispute administered by an Arbitration Centre branch may be heard by the arbitral tribunal formed from among the individuals both listed and not listed on such a local panel.
3. The list of arbitrators of a local panel shall be approved by the RSPP.
4. The RSPP subject to the opinion of the Chairman of the Arbitration Centre shall appoint a panel chairman and may appoint deputies to a panel chairman from among members of a local panel.
The opinion of the chairman of a local panel shall be taken into account by the Chairman of the Arbitration Centre when resolving any issues in disputes administered by the relevant branch of the Arbitration Centre.
The chairman of a local panel shall act on behalf of the Arbitration Centre at various events (forums, conferences, seminars, round-table discussions, etc.) on any matters falling within the competence of the relevant branch of the Arbitration Centre and informs interested parties about such a branch’s activities.
In the absence of a chairman of a local panel or on his instructions, one of the deputy chairmen may act as a panel chairman.
5. The presidium of a panel consisting of no more than seven members may be constituted from among members of a local panel authorized to assist the Presidium of the Arbitration Centre in any matters related to the hearing of cases by the arbitrators listed on such a panel.
6. Members of the presidium of a local panel shall be appointed by the RSPP for an indefinite period subject to the opinion of the panel chairman. A member of the presidium of a local panel may resign if he or she so wishes. A member of the presidium of a local panel may be removed by a decision of the RSPP.
Members of the presidium of a local panel shall elect from among themselves the chairman of the presidium of the specialized panel and may elect deputies to the chairman of the panel’s presidium by a simple majority vote.
7. The chairman of the local panel’s presidium shall conduct its general management, convene its meetings, determine the form of its meetings, draw up their agenda, preside at meetings, organize voting on matters on the agenda and count votes.
In the absence of a chairman of a local panel’s presidium or on his instructions, one of his deputies may act as a chairman of the panel’s presidium.
8. Meetings of a local panel’s presidium shall be held in a manner contemplated by paragraphs 4 - 8 of Article 12 of this Regulation for meetings of the Presidium of the Arbitration Centre.
9. A branch of the Arbitration Centre shall participate in the administration of arbitration and, in particular, act as the Arbitration Centre Secretariat subject to one of the conditions:
1) an arbitration agreement has reference to a branch of the Arbitration Centre;
2) under an express agreement between parties to arbitration a dispute shall be resolved by the arbitral tribunal formed from among the arbitrators listed on the relevant local panel;
If an arbitration agreement concurrently includes several of the above-mentioned terms, for the purposes of determining a branch of the Arbitration Centre which is to administer arbitration, the agreement between parties under paragraph 1 shall be treated as first priority, the agreement under paragraph 2 shall be treated as second priority.
Participation in arbitration of one or more parties having their registered office or place of residence outside the area of operations of an Arbitration Centre’s branch shall not prevent such a branch from administering the arbitration involving such parties.
10. Irrespective of whether any agreements referred to in paragraph 9 of this Article exist:
1) a branch of the Arbitration Centre shall be entitled to administer arbitration on the decision of the Managing Director of the Arbitration Centre;
2) arbitration shall be administered by the central Secretariat of the Arbitration Centre if under an express agreement between parties to arbitration a dispute falling within the competence of a specialized panel is heard by the arbitral tribunal formed from among the arbitrators listed on such a panel;
3) if the arbitration is conducted by an arbitral tribunal constituted by parties to resolve a dispute on ad hoc basis, central Secretariat shall provide administrative support.
11. The central Secretariat of the Arbitration Centre performs administration of arbitration pursuant to the arbitral agreements specified in paragraph 9 of this Article upon the request of the Head of a Branch of the Arbitration Centre, as well as in case the Arbitration Centre suspends its activities or for any other reason is not able to perform its functions.
12. Regional offices shall be set up to promote interests of the Arbitration Centre within and outside of the Russian Federation and shall not administer the arbitration.
The area of operations of a regional office of the Arbitration Centre shall be determined by the RSPP and specified on the Arbitration Centre’s website
1. The arbitration administration functions shall be performed by bodies and authorized individuals of the Arbitration Centre pursuant to their authority contemplated by the Arbitration Centre regulations.
2. The Arbitration Centre’s bodies and authorized individuals shall perform their functions independently from the RSPP, its members, bodies and officers.
3. The General Meeting of Arbitrators placed on the lists specified in paragraphs 1-2 of Article 7 of this Regulation (the “General Meeting of Arbitrators”), the Presidium of the Arbitration Centre (the “Presidium”), the Nomination Committee of the Arbitration Centre (the “Nomination Committee”), Chairman of the Arbitration Centre, the Managing Director of the Arbitration Centre, the Arbitration Centre Secretariat (the “Secretariat”), reporters and other bodies and authorized individuals shall operate at the Arbitration Centre pursuant to this Regulation.
4. To carry out tasks of the Arbitration Centre, temporary or permanent coordinating and advisory bodies of the Arbitration Centre (councils, commissions, working groups, etc.) may be created by the decision of the Chairman of the Arbitration Centre, which shall not administrate arbitration.
1. The powers of the General Meeting of Arbitrators include the election of the Chairman of the Arbitration Centre and his deputies, members of the Nomination Committee and review of basic matters in the operation of the Arbitration Centre upon recommendation of the Presidium or the RSPP.
2. The General Meeting of Arbitrators shall be held in person or in absentia as and when necessary.
3. The General Meeting of Arbitrators shall be held as per decision of the Presidium or the RSPP, as well as at the initiative of at least one third of the individuals placed on the lists specified in paragraphs 1 - 2 of Article 7 of this Regulation.
4. The Chairman of the Arbitration Centre shall convene the General Meeting of Arbitrators, determine its form and draw up its agenda, act as chairman of the General Meeting of Arbitrators, organize voting on matters on the agenda and count votes.
5. Resolutions of the General Meeting of Arbitrators shall be passed by a simple majority vote of the arbitrators present at the meeting provided that at least one half of the arbitrators placed on the lists specified in paragraphs 1 - 2 of Article 7 of this Regulation is present at the meeting. In case the vote is a tie, the chairman of the General Meeting of Arbitrators shall have the casting vote.
If an arbitrator is unable to attend a General Meeting of Arbitrators held in person, he may submit his written opinion on matters on the agenda, and in such a case his vote in respect of a resolution shall be counted.
6. Resolutions of the General Meeting of Arbitrators shall be recorded in the minutes to be signed by the chairman of the General Meeting of Arbitrators.
1. The Presidium is authorized to analyze and collate case practice, devise standards and recommendations intended to raise the efficiency of the Arbitration Centre’s performance, official interpretation of the Arbitration Centre Rules, assist in the development and promotion of the Arbitration Centre, prepare proposals to improve arbitration legislation. The Presidium reviews other matters as recommended by the Chairman of the Arbitration Centre or the RSPP.
2. The Presidium shall consist of no less than seven and no more than fifteen members. The Presidium shall consist ex officio of the Chairman of the Arbitration Centre and his deputies while the other members of the Presidium shall be appointed by the RSPP subject to the opinion of the Chairman of the Arbitration Centre from among the individuals appearing in the lists specified in paragraphs 1 - 2 of Article 7 of this Regulation.
Members of the Presidium may elect from among themselves the Chairman of the Presidium and deputies to the Chairman of the Presidium by a simple majority vote.
3. Members of the Presidium shall be appointed for the indefinite period. A Presidium member may resign if he or she so wishes. A member of the Presidium may be removed by a decision of the RSPP.
4. The Presidium’s meetings shall be held in person or in absentia as and when necessary.
5. Meetings of the Presidium shall be convened by at least one third of its members or by a resolution of the Chairman of the Presidium.
6. The Chairman of the Presidium shall conduct general management of the Presidium, convene the Presidium’s meetings, determine their form, draw up their agenda, preside at the Presidium’s meetings, organize voting on matters on the agenda and count votes.
In the absence of a Chairman of the Presidium or on his instructions, one of his deputies shall act as a Chairman of the Presidium.
7. Resolutions of the Presidium shall be adopted by a simple majority vote of the Presidium’s members present at the meeting provided that at least one half of the Presidium members are present at such a meeting. In case of a tie vote, the Chairman of the Presidium shall have a casting vote.
If a Presidium member is unable to attend a meeting held in person, he may submit his written opinion on matters on the agenda, and in such a case his vote in respect of a resolution shall be counted.
8. Decisions of the Presidium shall be executed as a resolution to be signed by the Chairman of the Presidium.
1. The Nomination Committee shall perform the functions contemplated by law and rules of the Arbitration Centre related to the nomination, disqualification and removal of arbitrators.
2. The Nomination Committee shall consist of six members. Four members of the Nomination Committee shall be elected for a period of three years by the General Meeting of Arbitrators, the other members of the Nomination Committee shall be elected by the RSPP subject to the opinion of the Chairman of the Arbitration Centre for a period of three years.
Members of the Nomination Committee shall elect from among themselves the Chairman of the Nomination Committee and a deputy to the Chairman of the Nomination Committee by a simple majority vote.
3. Upon the expiry of three years after the Nomination Committee is formed, the first partial renewal (rotation) of at least one third of its members shall take place. The members of the Nomination Committee to be rotated shall be determined by the RSPP upon recommendation of the Chairman of the Arbitration Centre. The subsequent partial renewal (rotation) of the Nomination Committee’s members shall be conducted in the same manner once every three years.
The authority of the Nomination Committee’s members who have not been withdrawn during such renewal (rotation) shall be deemed extended for three years.
4. A Nomination Committee member may resign if he or she so wishes. If a member of the Nomination Committee is actually or legally unable to continue to perform his or her functions, he may be removed by a decision of the RSPP upon a recommendation of the Chairman of the Arbitration Centre.
If a member of the Nomination Committee is removed, a new member of the Nomination Committee shall be elected (appointed) in the same manner as the removed member of the Nomination Committee has been elected (appointed) until the tenure of the removed member of the Nomination Committee expires.
5. The Chairman of the Arbitration Centre may sit on the Nomination Committee in a consultative capacity while the chairman of the relevant specialized or local panel may participate in the proceedings of the Nomination Committee in relation to any matters falling within the competence of a specialized panel or a branch of the Arbitration Centre.
6. The Nomination Committee meetings shall be held in person or in absentia as and when necessary.
7. The Chairman of the Nomination Committee shall be charged with general management of the Nomination Committee, take decisions to hold the Nomination Committee’s meetings, determine the form of its meetings, draw up their agenda, preside at the Nomination Committee’s meetings, organize voting on matters on the agenda and count votes.
In the absence of the Chairman of the Nomination Committee or on his instructions, his deputy shall act as the Chairman of the Nomination Committee.
8. Resolutions of the Nomination Committee shall be adopted by a simple majority vote of the Nomination Committee’s members present at the meeting provided that at least one half of the Nomination Committee members are present at such a meeting. In case of a tie vote, the Chairman of the Nomination Committee shall have a casting vote.
If a Nomination Committee member is unable to attend a meeting held in person, he may submit his written opinion on matters on the agenda, and in such a case his vote in respect of a resolution shall be counted.
A member of the Nomination Committee must prevent any conflict of interest when performing his functions, notify the other members of the Nomination Committee that he is or may be personally interested, which leads or may lead to a conflict of interest while deciding on a particular issue. If a conflict of interest arises, such a member of the Nomination Committee shall not take part in any deliberations or voting on the relevant issue. Participation of such a member of the Nomination Committee in the meeting shall be disregarded for the purposes of quorum in respect of the relevant issue.
9. Decisions of the Nomination Committee shall be executed as a resolution to be signed by the Chairman of the Nomination Committee.
1. The Chairman of the Arbitration Centre shall exercise procedural and other powers contemplated by the rules of the Arbitration Centre, act on behalf of the Arbitration Centre at various events (forums, conferences, seminars, round-table discussions, etc.), promotes developing and popularization of the Arbitration Centre.
2. The Chairman of the Arbitration Centre and two deputies to the Chairman of the Arbitration Centre shall be elected by the General Meeting of Arbitrators for a period of three years.
3. Upon the expiry of his tenure, the Chairman of the Arbitration Centre shall continue to perform his functions until a new Chairman of the Arbitration Centre is appointed or the tenure of the existing Chairman of the Arbitration Centre is extended for a new term.
4. The Chairman of the Arbitration Centre may resign if he or she so wishes. The Chairman of the Arbitration Centre may be removed by a decision of the RSPP.
5. In the absence of the Chairman of the Arbitration Centre or on his instructions, one of his deputies shall act as the Chairman of the Arbitration Centre. In case of the simultaneous absence of the Chairman of the Arbitration Centre and of his deputies, the functions of the Chairman are performed by an arbitrator appointed by RSPP from among the individuals appearing in the lists specified in paragraphs 1 - 2 of Article 7 of this Regulation.
6. The Chairman of the Arbitration Centre must prevent any conflict of interest when performing his functions, notify the Nomination Committee that he is or may be personally interested, which leads or may lead to a conflict of interest while deciding on a particular issue. If a conflict of interest exists, the Chairman of the Arbitration Centre shall direct his deputy to exercise his authority and in the cases contemplated by the rules of the Arbitration Centre he may delegate his authority to the Nomination Committee.
7. The Chairman of the Arbitration Centre shall issue resolutions on any matters falling within his competence and instructions on the other matters.
1. Managing Director shall:
1) organize the work of the Arbitration Centre, perform the functions of the head of the Secretariat with the right to give binding instructions to any staff members, including heads of branches, regional offices of the Arbitration Centre, submit proposals with respect to the Secretariat’s organizational structure and employee headcount;
2) represent the Arbitration Centre with respect to its activities before individuals and organizations, government authorities and local self-government authorities within and outside of the Russian Federation, act on behalf of the Arbitration Centre at various events (forums, conferences, seminars, round-table discussions, etc.);
3) exercise procedural and other powers contemplated by the rules of the Arbitration Centre, resolve all the matters that do not fall within the competence of the arbitral tribunal, relevant bodies and authorized individuals.
2. The Secretariat shall provide organizational and technical support to arbitral proceedings and Arbitration Centre activities and perform the following functions:
1) keep the records;
2) arrange reception of individuals who contact the Arbitration Centre;
3) review and provide responses to requests on any matters falling within its functions;
4) verify the fact and accuracy of payment of any arbitral fees and retainers to cover arbitral costs;
5) keep records of cases, performing informational, reference and analytical work;
6) ensure safekeeping of case files and other documents;
7) render necessary assistance and help to an arbitral tribunal, other bodies and authorized individuals of the Arbitration Centre, parties to arbitration, ensure liaison among them;
8) inform interested persons about the Arbitration Centre’s activities, promote its development and popularization, ensure the participation of the Arbitration Centre in events on alternative dispute resolution and organize such events;
9) perform other functions contemplated by the rules of the Arbitration Centre.
3. Head of a branch, regional office of the Arbitration Centre shall:
1) organize the work of the relevant branch, regional office of the Arbitration Centre with the right to give binding instructions to any employee of the branch, regional office;
2) represent the Arbitration Centre with respect to the activities of the branch, regional office before individuals and organizations, government authorities and local self-government authorities, act on behalf of the Arbitration Centre at various events (forums, conferences, seminars, round-table discussions, etc.).
4. Managing Director, Heads of branches, regional offices shall issue orders and instructions on any matters falling within their competence.
5. Managing Director shall be appointed by the RSPP. Deputies of the Managing Director, Heads of branches (regional offices), executive secretaries and other employees of the Secretariat shall be appointed by the RSPP subject to the opinion of the Managing Director, while employees of the Arbitration Centre’s branches (regional offices) – also subject to the opinion of the Head of the relevant branch.
In the part not governed by the Regulation and other rules of the Arbitration Centre, organizational structure of the Secretariat, delimitation of powers of the Secretariat, branches and regional offices of the Arbitration Centre, as well as the distribution of responsibilities between Secretariat employees and the order of their subordination shall be established by internal documents approved by the RSPP.
1. A reporter is an individual assisting an arbitral tribunal in a particular case. Within the scope of their duties, a Reporter shall:
1) prepare an information paper for an arbitral tribunal which shows information on initiation and progress of an arbitration, as well as the positions of the parties to arbitration;
2) keep a record of oral hearings;
3) upon request of an arbitral tribunal search for the information required, draft documents, carry out other instructions of an arbitral tribunal in relation to arbitration but not directly connected with the resolution of a dispute.
A reporter may attend hearings and closed hearings of an arbitral tribunal, including when an arbitral tribunal renders its award.
2. The Chairman of the Arbitration Centre shall approve a recommended list of reporters who shall hold a law degree. The lists of reporters shall be approved indefinitely and amended as and when necessary.
3. Subject to approval of the Chairman of the Arbitration Centre, an individual not placed on the recommended list of reporters may be appointed as a reporter for a particular case provided that such an individual meets the requirement referred to in paragraph 2 of this Article.
1. Material support to the activities of the Arbitration Centre, including rooms, transportation, office equipment, means of communication, other equipment and tools required for the proper performance by the Arbitration Centre of its functions shall be provided at the cost of arbitration fees and other sources not prohibited by law.
2. The RSPP shall ensure that the Arbitration Centre performs its function to accept monetary funds to cover costs of arbitrations administered by the Arbitration Centre and make all payments contemplated by the rules of the Arbitration Centre.
3. If the Arbitration Centre is required to enter into a contract (agreement) to properly carry out its activities, such a contract (agreement) shall be entered into by the RSPP or an individual authorized by it.
1. The Arbitration Rules of the Arbitration Centre and regulations on any activities of the Arbitration Centre shall be governed by the laws applicable to the arbitration, the arbitration agreement between the parties, this Regulation, the Arbitration Rules of the Arbitration Centre and other rules of the Arbitration Centre approved by the RSPP.
2. The rules of the Arbitration Centre shall be treated as an integral part of the arbitration agreement which refer to the rules and (or) imply submission of the dispute to arbitration administrated by the Arbitration Centre.
Any agreement to resolve a dispute pursuant to the rules of the Arbitration Centre, including a separate reference to this Regulation or the Arbitration Rules of the Arbitration Centre, means that the parties to this agreement concurred that the arbitration shall be administered by the Arbitration Centre. Application of the Rules on Independence and Impartiality of Arbitrators shall be allowed by referring to them while regulating arbitration, which is administered by another permanent arbitration institution or carried out by an arbitral tribunal constituted by parties to resolve a dispute on ad hoc basis.
3. Save as otherwise provided by the rules of the Arbitration Centre, the parties to arbitration may agree on any rules of arbitration other than the rules of arbitration contemplated by the rules of the Arbitration Centre. The rules of arbitration agreed by parties to arbitration must be consistent with requirements of laws applicable to the arbitration which may not be bypassed by parties through the execution of an arbitration agreement and may not result from bad faith conduct (abuse of rights).
If the rules of arbitration agreed by parties to arbitration are inconsistent with the requirements of the third paragraph of this Article, such rules of arbitration shall not apply.
4. If the law applicable to arbitration provides for any rules other than those contemplated by the rules of the Arbitration Centre, the rules of the law applicable to such arbitration shall apply if divergence from such rules is prohibited by the rules of the Arbitration Centre.
5. In resolving any issues not governed by the laws applicable to the arbitration, the arbitration agreement between the parties and Arbitration Centre’s rules, the arbitral tribunal shall conduct arbitral proceedings and the Arbitration Centre shall administer the arbitration in any manner they consider appropriate.
6. Any arbitration administered by the Arbitration Centre shall be subject to the rules of the Arbitration Centre in effect as of commencement of such arbitration unless the parties agree otherwise or unless provisions of the rules of the Arbitration Centre and the laws applicable to such arbitration provide otherwise.
7. Any arbitration agreements providing for administration of arbitration by the relevant legal predecessor of the Arbitration Centre and any arbitration commenced pursuant to such agreements before such legal succession takes effect shall be subject to the rules of the legal predecessor in effect as of commencement of such arbitration.
8. Any arbitration agreements providing for administration of arbitration by the relevant legal predecessor of the Arbitration Centre and any arbitration commenced pursuant to such agreements after such legal succession takes effect shall be subject to the rules of the Arbitration Centre in effect as of commencement of such arbitration.
This Regulation shall apply to any arbitration commenced after 1 January 2022.
The competence of the Panel for International Disputes shall include:
1) disputes arising in the course of foreign trade and other forms of international economic relations, provided that the place of business of at least one of the parties is situated abroad or any place where the significant part of obligations arising out of relationships between the parties is to be performed or the place with which the subject matter of the dispute is most closely connected is located abroad;
2) disputes relating to foreign investments in the Russian Federation or Russian investments abroad;
3) disputes which are subject to international arbitration in accordance with applicable law and international treaties;
4) other disputes involving foreign citizens or foreign legal entities, or disputes arising out of relations with any other foreign element, including cases where an object of the dispute is situated abroad.
The competence of the Panel for Corporate Disputes shall include disputes related to the incorporation of a legal entity, management thereof and participation therein.
The competence of the Panel for Financial Disputes and Exchange Trading shall include:
1) disputes arising from contracts concluded in the course of exchange trading, including at securities, forward, currency, money or commodity markets, precious metals market or market for standardized financial derivatives as well as any other disputes considered on the basis of arbitration agreements mentioned in the rules of trading, clearing rules and rules of admission to trading registered in accordance with the legislation of the Russian Federation;
2) disputes related to securities and currency sale contracts, repurchase agreements and derivative financial instruments;
3) disputes arising out of general agreements concluded in accordance with the legislation on the securities market;
4) disputes arising out of relations governed by standard terms and conditions of contracts approved by a self-regulatory organization operating in the financial market, which unites brokers, by a self-regulatory organization operating in the financial market, which unites dealers, by a self-regulatory organization operating in the financial market, which unites managers;
5) disputes arising out of relations of tendering and clearing services as well as information technology services related to the abovementioned services, implementation and (or) maintenance of electronic workflows, listing of securities;
6) disputes involving exchanges and (or) financial organizations arising from their activities, licensed or regulated in accordance with the legislation on the securities market;
7) disputes arising in the course of the creation of professional participants in the securities market, whose activities are licensed or regulated in accordance with the legislation on the securities market;
8) disputes between self-regulatory organizations in the financial market, as well as disputes of such organizations with their members.
The competence of the Panel for Construction Disputes shall include:
1) disputes arising from construction contracts, including but not limited to construction, reconstruction and major repairs of capital construction objects, as well as disputes directly or indirectly related to these contracts;
2) disputes arising out of contracts on engineering surveys and contracts on preparation of project documentation in the construction sphere, as well as disputes directly or indirectly related to these contracts;
3) corporate and other disputes connected with self-regulation in the field of engineering surveys, architectural designing, building, reconstruction, major repairs of objects of capital construction, including, but not exclusively, concerning payments from compensation funds and application of civil-law responsibility measures for breach of obligations (duties) by members of self-regulatory organizations.
The competence of the Panel for Banking Disputes shall include:
1) disputes involving credit organizations arising out of their banking operations.
2) disputes arising out of transactions, which a credit organization is entitled to carry out in accordance with the legislation of the Russian Federation.
The competence of the Panel for Digital Economy Disputes shall include:
1) disputes related to the issuance, accounting and turnover of digital assets certifying property rights;
2) disputes related to the registration of property rights by making records in the Internet on the basis of a distributed registry (blockchain);
3) disputes arising from transactions involving automatic performance (self-performed transactions, smart contracts), including those involving the use of information systems on the basis of a distributed registry (blockchain);
4) disputes arising out of transactions conducted with the use and (or) in respect of digital assets (including tokens, cryptocurrency and digital signs);
5) disputes related to the organization of retail financing (crowdfunding), including disputes related to the provision of an access to information resources of the Internet (investment platform) for the conclusion of contracts using this system, based on which investments are attracted;
6) disputes arising from transactions conducted with the use of various methods of digital identification of the parties (including electronic digital signatures and clicking on a link on a web page), as well as disputes regarding the processing and security of personal data;
7) disputes related to the processing of big data, including disputes related to the application of technical standards and information security;
8) disputes related to the application of distributed register technology, artificial intelligence, neurotechnologies, quantum technologies, industrial Internet, wireless communication technologies, virtual and augmented reality, as well as other disputes related to the creation, processing and use of digital technologies.
The competence of the Panel for Intellectual Property Disputes shall include disputes related to protection of intellectual property rights, patent rights, preemptive rights and rights of use, including:
1) disputes arising in connection with development, creation, turnover of intellectual property objects, including those related to author’s commissioning agreements, scientific research and development contracts and other contracts related to the creation of protectable results of intellectual activity;
2) disputes related to transactions on the disposal of exclusive intellectual property rights, including those related to open license agreements and other license agreements, as well as to the management of intellectual property rights;
3) disputes related to the registration of the objects of intellectual property and other protectable results of intellectual activity;
4) disputes related to the registration and the use of domains of various levels (domain disputes).
The competence of the Panel for Transport Disputes shall include:
1) disputes involving shipowners, charterers, carriers, cargo owners, consignors, consignees, brokers, agents and other persons arising out of activities related to the use of sea and inland waterway transport, including:
- disputes arising out of construction, purchase and sale, leasing, financing, mortgaging, maintenance, repair, equipment, bunkering of ships and other floating objects, as well as objects located (fixed) at the bottom of seas, rivers, lakes, other water bodies and waterways;
- disputes arising out of carriage of goods and passengers (including carriage of goods in a mixed navigation (river-sea)), storage of goods contracts, contract of affreightment, including bareboat and time сharter, maritime agency contracts, ship management contracts, contracts for maritime towing of vessels and other floating objects, as well as objects placed (fixed) at the bottom of the seas, rivers, lakes, other water bodies and waterways;
- disputes arising out of pilotage services (including ice pilotage), agency or other maintenance of vessels, engagement of ships in scientific research, mineral development, cable and pipeline laying, hydrotechnical and other works;
- disputes arising out of accidents and incidents at sea, other waters and inland waterways, salvage, removal of a sunken ship or sunken property, collisions (including damage done by a vessel to port infrastructures, navigation means and other facilities, damage caused to fishing nets and other equipment for extracting (fishing) water bio-resources and other damage caused in the process of commercial fishing and damage caused by petroleum products spills;
- disputes arising out of maritime insurance and reinsurance;
- disputes arising out of arrest, protection and release from arrest.
2) disputes involving air carriers, airports, booking agents and other persons whose activities are related to the use of air transport, including use of unmanned aircraft, unmanned aircraft systems and (or) their elements, including:
- disputes arising out of construction, purchase and sale, leasing, financing, mortgaging, repair, maintenance, ground and airport maintenance, aircraft parking;
- disputes arising out of carriage of goods, passengers and baggage, aircraft chartering contracts (air charter);
- disputes arising out of aviation accident or incident, compensation for damage caused during the use of aircraft;
- disputes arising out of air insurance and reinsurance;
- disputes arising out of arrest, protection and release from arrest.
3) disputes involving enterprises, institutions and organizations of railway transport, carriers, consignors, consignees, owners of railway transport infrastructures, owners of railway tracks, other persons arising from activities related to the use of railway transport, including:
- disputes arising out of construction, purchase and sale, leasing, financing, mortgaging, repair, maintenance of railway transport, railway rolling stock, wagons, gondola rail vehicles, fitting platforms;
- disputes arising out of carriage of goods, passengers and baggage (including cargo baggage);
- disputes arising out of insurance and reinsurance;
- disputes arising out of railway accidents, compensation for damage caused during the use of railway transport.
4) disputes involving charterers, consignors, consignees, carriers, lessors, agents and other persons, arising from activities related to the use of road freight transport, in particular:
- disputes arising out of purchase and sale, lease, mortgaging;
- disputes related to contracts for the carriage of goods by road;
- disputes related to contracts of insurance and reinsurance;
- disputes arising out of the accidents, compensation for damage caused during the use of cargo vehicles.
The competence of the Panel for Investment Disputes shall include:
1) disputes arising out of the implementation of investments, including investments related to concession agreements and agreements on the encouragement and mutual protection of investments, as well disputes arising out of the implementation of projects in the field of private public partnership;
2) disputes arising out of venture investment, investment through direct investment in the authorized capital, including the mechanism for using convertible loans and other financial instruments
Article 1. General provisions and legal status
Article 2. Succession
Article 3. Location
Article 4. Competence
Article 5. Types of activities
Article 6. Arbitrators
Article 7. Lists of Arbitrators
Article 8. Specialized Panels of Arbitrators
Article 9. Branches, Local Panels of Arbitrators and Regional Offices
Article 10. Organizational Structure
Article 11. General Meeting of Arbitrators
Article 12. Presidium
Article 13. Nomination Committee
Article 14. Chairman
Article 15. Managing Director and Secretariat
Article 16. Reporter
Article 17. Material support
Article 18. Arbitration rules and the rules of the Arbitration Centre
Article 19. Scope of Application
Annex 1. Disputes falling within the competence of the Panel for International Disputes
Annex 2. Disputes falling within the competence of the Panel for Corporate Disputes
Annex 3. Disputes falling within the competence of the Panel for Financial Disputes and Exchange Trading
Annex 4. Disputes falling within the competence of the Panel for Construction Disputes
Annex 5. Disputes falling within the competence of the Panel for Banking Disputes
Annex 6. Disputes falling within the competence of the Panel for Digital Economy Disputes
Annex 7. Disputes falling within the competence of the Panel for Intellectual Property Disputes
Annex 8. Disputes falling within the competence of the Panel for Transport Disputes
Annex 9. Disputes falling within the competence of the Panel for Investment Disputes
Личный кабинет находится в разработке