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Russia - Law of the Russian Federation on International Commercial Arbitration * In force 14 August 1993

Chapter I. - General Provisions

Article 1 - Scope of Application

Article 2 - Definitions and Rules of Interpretation

Article 3 - Receipt of Written Communications

Article 4 - Waiver of Right to Object

Article 5 - Extent of Court Intervention

Article 6 - Authority for Certain Functions of Arbitration Assistance and Control

Chapter II. - Arbitration Agreement

Article 7 - Definition and Form of Arbitration Agreement

Article 8 - Arbitration Agreement and Substantive Claim Before Court

Article 9 - Arbitration Agreement and Interim Measures by Court

Chapter III. - Composition of Third-Party Tribunal

Article 10 - Number of Arbitrators

Article 11 - Appointment of Arbitrators

Article 12 - Grounds for Challenge of Arbitrator

Article 13 - Challenge Procedure

Article 14 - Termination of Authority (Mandate) of Arbitrator

Article 15 - Substitution of Arbitrator

Chapter IV. - Jurisdiction of Arbitral Tribunal

Article 16 - Competence of Arbitral Tribunal to Rule on its Jurisdiction

Article 17 - Power of Arbitral Tribunal to Order Interim Measures

Chapter V. - Conduct of Arbitral Proceedings

Article 18 - Equal Treatment of Parties

Article 19 - Determination of Rules of Procedure

Article 20 - Place of Arbitration

Article 21 - Commencement of Arbitral Proceedings

Article 22 - Language

Article 23 - Statements of Claim and Defense

Article 24 - Hearings and Written Proceedings

Article 25 - Failure to Submit Documents or to Appear at Hearing

Article 26 - Expert Appointed by Arbitral Tribunal

Article 27 - Court Assistance in Taking Evidence

Chapter VI. - Making of Award and Termination of Proceedings

Article 28 - Rules Applicable to Substance of Dispute

Article 29 - Decision Making by Panel of Arbitrators

Article 30 - Settlement

Article 31 - Form and Contents of Award

Article 32 - Termination of Arbitral Proceedings

Article 33 - Correction and Interpretation of Award; Additional Award

Chapter VII. - Recourse Against Award

Article 34 - Application for Setting Aside as Exclusive Recourse Against Arbitral Award

Chapter VIII. - Recognition and Enforcement of Awards

Article 35 - Recognition and Enforcement

Article 36 - Grounds for Refusing Recognition or Enforcement of Arbitral Award

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Russia - Law of the Russian Federation on International Commercial Arbitration - In force 14 August 1993

Russian Federation on International Commercial Arbitration

copy @ Lex Mercatoria

Russia - Law of the Russian Federation on International Commercial Arbitration * In force 14 August 1993

Chapter III. - Composition of Third-Party Tribunal

Article 11 - Appointment of Arbitrators

1. No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.

2. The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisions of paragraphs 4 and 5 of this article.

3. Failing such agreement.

- in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within 30 days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within 30 days of their appointment, the appointment shall be made, upon request of a party, by the authority specified in article 6(1);

- in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, he shall be appointed, upon request of a party, by the authority specified in article 6(1).

4. Where, under an appointment procedure agreed upon by the parties,

- a party fails to act as required under such procedure, or

- the parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure; or

- a third party, including an institution, fails to perform any function entrusted to it under such procedure, any party may request the authority specified in article 6(1) to take the necessary measures, unless the agreement on the appointment procedure provides other means for securing the appointment.

5. A decision on any matter entrusted by paragraph 3 or 4 of this Article to the authority specified in article 6(1) shall be subject to no appeal. The authority, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties.


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( International Trade/Commercial Law & e-Commerce Monitor )

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