Legal Encyclopedia. Letter T

arbitration examination

- The process of resolving the dispute in the arbitration court and the decision by the arbitral tribunal.

Parties are organizations TR -legal persons, citizens engaged in entrepreneurial activities without forming a legal entity and have the status of an individual entrepreneur, acquired in accordance with the law, ie, individual entrepreneurs, individuals who presented a claim to the arbitration court to defend their rights and interests, or sued.

TP is based on the principles of legality, privacy, independence and impartiality of arbitrators, discretionary, competitiveness and

equality of the parties.

Parties at their discretion determine the place of arbitration in the arbitration court to settle a dispute.

If the parties have agreed otherwise, the place TR is determined by the arbitral tribunal to settle a dispute, taking into account all the circumstances of the case, including the convenience of the parties.

In the permanent court of arbitration place TR is determined in accordance with the rules of the permanent arbitration court.

If the rules of the permanent arbitration court do not indicate a place TR or the procedure for determining the place TR determined by the composition of the arbitral tribunal, taking into account all the circumstances of the case, including the convenience of the parties.

TR conducted in Russian, if there is no agreement of the parties otherwise agree.

A party who submits documents and other material not in the language (s) of TR, ensure their translation.

The arbitral tribunal may require the parties to the translation of documents and other materials in the language (s) TR

The arbitrator does not have the right to disclose information, which became known to him during TR, without the consent of the parties or their successors and can not be questioned as a witness about facts which became known to him in the TR

TP is based on a submitted claim.

The arbitral tribunal may, at the request of any party, order any party to such interim measures in respect of the subject matter, as it deems necessary. He may require any party to provide appropriate security in connection with such measures.

Each party must prove the circumstances to which it refers both to substantiate their claims and objections. The arbitral tribunal may, if it considers the evidence insufficient, invite the parties to submit

additional evidence.

If the parties have agreed otherwise, the TP is carried out in the meeting of the arbitral tribunal with the participation of the parties or their representatives.

The parties shall be given sufficient notice of the time and place of the meeting of the arbitral tribunal.

If the parties have agreed otherwise, the copies of all documents and other materials, as well as other information submitted to the arbitral tribunal by a party shall be communicated to the arbitral tribunal the other side. Expert opinions on which the arbitral tribunal shall base its decision shall be communicated to the parties by the arbitral tribunal.

If the parties have agreed otherwise, the composition of the arbitral tribunal considers the case in closed session.

Is not an obstacle for the TR and the decision by the arbitral tribunal failure to documents and other materials, including failure to attend the meeting of the Arbitration Court of the parties or their representatives, duly notified of the time and place of the meeting of the arbitral tribunal, if the cause of failure of documents and other materials or non-appearance of the parties to a meeting of the arbitral tribunal declared him disrespectful.

During TR, unless the parties agree otherwise, the arbitral tribunal may appoint an expert to explain the dispute arising from the resolution of issues requiring special knowledge, and require the submission of any of the parties necessary for the examination of documents, other materials or objects.

The order of the TR recorded in the minutes.

After examining the circumstances of the case the arbitral tribunal by a majority vote of the arbitrators, members of the arbitral tribunal shall decide.