BUSINESS-COURSE
№5, 2011

The magazine of the Pskov region business community




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Arbitration Court

The activity of Arbitration commercial tribunal ensures prompt and less expensive settle of incidents and economic disputes than in state arbitration court.

The Arbitration commercial court assists to contending parties in dispute settlement at stage before forwarding the case to state arbitration.

The law department of CCI of Pskov region works with Chamber members, as well as with other firms, organizations, companies and individual businessmen interested in professional legal assistance.

The arbitration takes place only in the presence of arbitration clause in agreement (contract) or special agreement of parties.

The investigation procedure is established by Regulations, available for familiarization in the Chamber. The Regulations are sent on demand free of charge.

The decisions taken by Arbitration tribunal are final and non-appealable. In case of failure to perform voluntarily the decision taken by Arbitration tribunal, the compulsory procedure takes effect as stipulated by legislation and in respect of decisions on foreign trade disputes – by international conventions.

It should be remembered that agreement on consideration of future disputes is easier to be reached during negotiations, at contract conclusion, than after dispute arises.

Under the agreement of parties the disputes resulted from the following relations can be referred to Arbitration tribunal:

  • purchase and sale;
  • work;
  • services;
  • goods and services exchange;
  • transportation of goods and passengers;
  • trade representation or intermediary;
  • rent, leasing;
  • scientific and technological exchange;
  • construction of industrial and other objects;
  • licensing operations;
  • investments;
  • credit operations;
  • insurance;
  • other forms of industrial and business cooperation

In compliance with Regulations the Arbitration tribunal deals with commercial disputes between residents, as well as the disputes originating from foreign economic transactions.

The latter, as experience shows, is preferably to be considered in Arbitration tribunals, since reference to the national courts of other states regarding recognition of compulsory service of Arbitration tribunal decisions is guaranteed by national legislation of states, where recognition and service is requested, as well as by New York Convention of 1958, signed by over 110 states.

Thus, efficiency, international recognition and service of Arbitration tribunals’ decisions abroad turn out to be more secured and guaranteed, than decisions of national courts on the same matters.

The Arbitration clause recommended to be included in agreements (contracts):

"All disputes, originated during execution of the present agreement (contract) or in relation with it, or implied by it, are subject to final disposition in Arbitration tribunal at the Chamber of Commerce and Industry of Pskov region in accordance with regulations of the indicated tribunal".

The Chairman of Arbitration commercial tribunal:
Solodkov Yevgeniy