Provision
Provision
“Registered”
Ministry of Justice
Ukraine
Order _______________ from “___” ___________ 2010.
“Approved”
The decision of Presidium
“Ukrainian Arbitration League”
President _____________ Pampukha GG
Number 2 from 3 March 2010.
Terms on permanent arbitration court in Ukrainian public organization “All-Ukrainian Arbitration League” (new edition)
m. Kyiv – 2010
1. General.
1.1. Permanent Arbitration Court at the Ukrainian public organization “All-Ukrainian Arbitration League” (hereinafter – Tribunal) is a permanent arbitration tribunal established under the Ukrainian public organization “Ukrainian Arbitration League” (hereinafter – Founder) according to the Law of Ukraine “On arbitration courts” for review and resolve any disputes with civil and economic under the jurisdiction of the arbitral tribunal.
1.2. The Tribunal operates under the Constitution and laws of Ukraine, other legislative acts and international treaties of Ukraine, this Statute and the Rules of the Arbitration Court to protect the property and moral rights and legal interests of legal entities i.
1.3 The Tribunal can have a stamp, corner stamp and letterheads with its name.
1.4. Name Arbitration court – Permanent Arbitration Court at the Ukrainian public organization “All-Ukrainian Arbitration League.”
1.5. Location Arbitration Court:
– Legal and actual address: 04205, city Kyiv, str. Marshal Timoshenko, 21, s.3, of.7;
2. The founder of the Arbitration Court.
2.1. The founder of the Arbitration Court of the All-Ukrainian public organization “Ukrainian Arbitration League”, registered by the Ministry of Justice of Ukraine on June 3, 2008.
Location Ukrainian public organization “Ukrainian Arbitration League”: 04205, city Kyiv, str. Marshal Timoshenko, 21, s. 3, of. 7 UPREO 35275597.
2.2. Owner has no right to interfere in the Arbitration Court and judges associated with the case.
2.3. The founder has the following rights and obligations:
– Approve the Rules and Regulations of the Arbitration Court, Regulations on fees and costs List of referees;
– Approve the amendments to the Regulations and Rules of the Arbitration Court, Regulations on the collection and expenditure, lists of arbitrators;
– Eliminates the Arbitration Court judges from list of arbitrators;
– Publish the provisions Court of Arbitration Regulation and the Regulation on fees and costs;
– Provides storage cases and documents Arbitration Court;
– Solves other issues which are within its competence by applicable law, this Statute and the Rules of the Arbitration Court.
2.4. Founder undertakes to provide the Court of Arbitration for what it is: Arbitration Court provides space, equipment and other necessary materials; The Tribunal provides timely resources, which it needs to resolve the dispute; provides court office supplies.
3. The formation of the purpose and objectives of the arbitral tribunal.
3.1. The Tribunal was established to ensure a fair, fast and effective disputes and reconciliation persons who appealed to him.
3.2. The Tribunal operates on the principles of self-government, voluntariness, transparency and self-financing. The court does not set the main goal of obtaining profits from its activities.
3.3. The main objectives of the Arbitration Court are:
– Protection of i legally protected interests of legal persons, associations of legal entities, citizens, entrepreneurs, and individuals, who are parties to the arbitration, by considering i resolve property and non-property disputes between legal entities and / or individuals, or individual entrepreneur parties;
– Facilitate the implementation of legal entities and citizens, legitimate business entrepreneur, other economic activities;
– Improvement of arbitration, raising the legal culture of economic entities and citizens;
– Assistance to Ukraine in building a legal state.
4. Principles of organization and functioning of the Arbitration Court.
4.1. The Tribunal is created and operates on principles:
– Rule of law;
– Independence of arbitrators and their subordination only to the law;
– Equality of all participants of arbitration before the law i Tertiary Court;
– Adversarial, freedom to provide them Arbitration court their evidence and to prove to the court;
– Decisions binding on the parties to the Arbitration Court;
– Creation of voluntary arbitration;
– Arbitruvannya;
– Government arbitrators;
– Comprehensiveness, completeness and objectivity of dispute resolution;
– Assisting the parties in reaching settlement at any stage of arbitration.
5. The legal status of arbitration.
5.1. The Tribunal is an independent non-governmental body without legal personality.
5.2. The Tribunal considered created from the moment of its registration.
5.3. The Tribunal is created without limitation of activity.
6. The right to appeal to a court of arbitration.
6.1. The right to appeal to the Court of Arbitration belonging to any legal and / or individuals in the presence of an agreement between the parties to refer the dispute for resolution of the Arbitration Court (hereinafter – arbitration agreement) that meets the requirements of current legislation and the Law of Ukraine “On arbitration courts”.
7. Jurisdiction Affairs arbitration court.
7.1. The arbitral tribunal may consider any cases connected with civil and economic, with the exception of the established Art. 6 of the Law of Ukraine “On arbitration courts”.
8. The composition of judges and arbitration.
8.1. The judges of the Arbitration Court approved founder with the number of persons who have the necessary expertise in the field of dispute resolution to be considered by the arbitration tribunal and held at “Ukrainian Arbitration League” special course dedicated to arbitration and received a certificate form and gave consent to perform required ‘bonds arbitrator.
8.2. Judges of the court of arbitration can not be:
– Persons who have not attained the age of majority, and persons under guardianship or trusteeship;
– Persons who do not have the qualifications agreed by the parties directly or regulations specified in the arbitration;
– Persons who have been convicted;
-osoby recognized judicially incapable;
– Judges of courts of general jurisdiction or the Constitutional Court of Ukraine.
8.3. Appointment or election of the Arbitration Court and arbitrators
The parties are free to appoint or elect Tribunal and arbitrators.
For appointment or election of arbitrators in each case required their consent. Appointment or election of arbitrators made the list of approved arbitrators.
8.4. Requirements arbitrators.
Arbitrators are not representatives of the parties. Arbitrators may be appointed or elected person who directly or indirectly concerned as a result of settlement of the dispute and the parties have recognized the knowledge, experience, professional and moral qualities necessary to resolve the dispute.
In the case of individual dispute resolution arbitrator of the Arbitration Court shall have a law degree. In the event of dispute resolution collegiate requirement of higher legal education apply only to the part of the chairman of the Arbitration Court.
9. Chairman of the Arbitration Court and the court staff.
9.1. Procedure for approval of the Chairman of the Arbitration Court.
Chairman of the Arbitration Court is a director of a company formed in which the Tribunal – President of “All-Ukrainian Arbitration League.”
Deputy Chairman of the Arbitration Court approved by the Chairman of the Arbitration Court – the President of “Ukrainian Arbitration League.”
9.2. Powers of the Chairman of the Arbitration Court and his deputy.
Chairman of the Arbitration Court and his deputy organize activities of the Arbitration Court and his staff.
Chairman of the Arbitration court without special authorization represent the court in relations within the country and abroad.
Chairman of the Arbitration Court and his assistant perform other duties arising from this Regulation and the Standing Rules of the Arbitration Court at the”Ukrainian Arbitration League” and are entitled to be arbitrators in the arbitration court.
9.3. The device Arbitration Court
The device Arbitration Court consists of the Chairman of the Arbitration Court, his deputy, the executive secretary and the necessary technical personnel determined by the President of “Ukrainian Arbitration League.”
Executive secretary of the court appointed by order of the President of “Ukrainian Arbitration League.”
Executive Secretary of the Arbitration Court organizes the paperwork associated with the activities of the court performs other functions prescribed by Regulation.
10. The self-government.
10.1. For representation and protection of arbitrators of the Arbitration Court of the arbitral body formed government.
10.2. Governments arbitrators Standing Arbitration Court at the “All-Ukrainian Arbitration League” is formed by the Bureau of arbitrators from the arbitrators in the amount of 5 persons appointed and composition of which varies Chairman of the Arbitration Court. The Bureau meets at least once a year. Chairman of the Presidium of arbitrators is Chairman of the Arbitration Court.
10.3. The Bureau examines litigation and arbitration practice of other courts, international arbitration experience, consider increasing the qualification of arbitration judges, dissemination of information on the activities of the Arbitration Court, its international relations and other issues of its activities. At meetings of the Presidium of the invitation open to others.
11. Arbitration Proceedings.
11.1. Defining the rules of arbitration
Rules arbitration court determined Tertiary Regulation.
On issues not regulated by Regulation arbitration tribunal shall apply the provisions of the Law of Ukraine “On arbitration courts” and can determine its own rules of arbitration only to the extent not contrary to the principles of organization and activity of Arbitration court by law.
Terms commission proceedings under the Law of Ukraine “On arbitration courts” may be extended only by mutual consent and the composition of the arbitral tribunal, which decided the dispute. On the extension of the arbitration decision on the decree.
11.2. Publicity arbitration
Where to open the proceedings tribunal nominated by at least one party to the objection on the grounds of observance and preservation of commercial or bank secrecy or confidentiality of information, the case is heard in closed session.
11.3. Venue of arbitration is the location of the Arbitration Court.
11.4. Language arbitration
The cases in arbitration conducted in Ukrainian, unless otherwise provided by agreement.
Party providing documents or written evidence language other than the language of arbitration shall ensure their translation into the language or languages of arbitration.
12. Privacy.
12.1. The Tribunal, Judge of the Arbitration Court is not entitled to disclose information and information that became known to him during arbitration, without the consent of the parties or their legal successors. It is forbidden to require the arbitrator for documents, data and information which it possesses in connection with arbitration proceedings, except as provided by laws of Ukraine.
12.2. It will not be considered disclosure of information in the event that the parties during the proceedings did not submit written applications or requests for confidentiality.
13. Termination of Arbitration.
13.1 Activity court of arbitration may be terminated on the basis of:
– Founder of the decision;
– Founder of liquidation;
– The decision of the competent court to annul the registration certificate of the arbitral tribunal;
– On other grounds stipulated by legislative acts of Ukraine.
13.2. Within one month of the date of the decision on the termination of the Arbitration Court shall submit to the founder of a public registration of the Arbitration Court documents necessary to terminate the activities of the Arbitration Court, and provides publication of the decision.