Legal encyclopedia. Letter T

ARBITRATION COURT

- a permanent arbitration court or an arbitral tribunal formed by the parties to resolve a particular dispute.

In the Russian Federation, permanent TS and TS can be formed to resolve a particular dispute.

Constantly operating TS are formed by chambers of commerce, stock exchanges, public associations of entrepreneurs and

Consumers, other organizations-legal persons established in accordance with the legislation of the Russian Federation, and their associations (associations, unions) and operate with these legal entities.

Constantly operating TS can not be formed at federal bodies of the government, state authorities of subjects of the Russian Federation and local governments.

A permanently acting TS is considered educated when the organization is a legal entity:

1) decided to establish a permanent arbitration court;

2) approved the provision on a permanent arbitration court;

3) approved the list of arbitrators, which may be binding or recommendatory for the parties.

Organization - a legal entity that formed a permanently acting TS, sends to the competent court that exercises judicial power in the territory where the permanent arbitration court is located, copies of documents evidencing the formation of a permanently functioning TS.

TS examines and resolves disputes in the presence of an arbitration agreement concluded between the parties and on the basis of the Constitution of the Russian Federation, federal constitutional laws, federal laws, normative decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation, regulatory legal acts of federal executive bodies, And local self-government bodies,

International treaties of the Russian Federation and other regulatory legal acts in force on the territory of the Russian Federation.

TS resolves disputes, subordinated to arbitration courts, in accordance with the Law of the Russian Federation "On arbitration court" and the agrarian and industrial complex of the Russian Federation.

TS makes a decision in accordance with the terms of the contract and taking into account the customs of business turnover.

Composition TS is formed by the election (appointment) of arbitrators (arbitrator).

In the permanently operating TS, the composition of the arbitral tribunal shall be formed in accordance with the procedure established by the rules of the permanent arbitration court.

In TS for the resolution of a specific dispute, the composition of the arbitral tribunal shall be formed in accordance with the procedure agreed upon by the parties.

Unless the parties agree otherwise, the composition of the TS for the resolution of a particular dispute shall be formed in the following order:

1) when forming the TS composition, which consists of three arbitrators, each side elects one arbitrator, and two arbitrators selected in this way elect a third arbitrator.

If one of the parties does not elect an arbitrator within 15 days after receiving the request from the other party or two elected arbitrators within 15 days after their election do not elect a third arbitrator, the dispute in the arbitration court shall be terminated and the dispute may Be referred to a competent court;

2) if the dispute is to be resolved solely by the arbitrator and after the appeal of one party to the other with the proposal to elect the arbitrator, the parties shall not elect an arbitrator within 15 days, the dispute in the arbitration court shall be terminated and the dispute may be referred to the competent court.