According to § 6 of the Regulations on the Supreme Arbitration Court:
1. The arbitration proceedings are commenced with filing of a claim to the Supreme Arbitration Court.
2. The date of claim filing shall be the date of its delivery to the Supreme Arbitration Court, or the date of a stamp of the postal authority at the place of departure, if sent by mail.
According to § 7 of the Regulations on the Supreme Arbitration Court the statement of claim should include:
The claim statement shall include :
1) date of the claim statement;
2) names and places of business of entities which are parties to the arbitration proceedings; surnames, names, patronymics, dates and places of birth, places of residence and places of employment of individual entrepreneurs being parties to the arbitration proceedings;
3) justification of the competence of the Arbitration Court;
4) plaintiff’s demands;
5) grounds of the plaintiff’s demands;
6) evidences supporting the grounds of the plaintiff’s demands;
7) amount of the claim;
8) amount of arbitration charge;
9) the list of the documents attached to the claim statement and other files;
10) signature of the plaintiff.
The following should be attached to the claim statement:
a) a copy of the document containing the agreement of the parties to refer the case to the Arbitration Court;
b) documents supporting the claims;
c) a copy of the document confirming the payment of the arbitration charge.
11) The claim statement shall be signed by the authorized person together with documented confirmation of its authorities.
12) A copy of the claim statement shall be delivered to the defendant.
13) The claim statement shall include the information regarding the composition of the arbitral panel, if it appears from the agreement of the parties.
According to § 15 of the Regulations on the Supreme Arbitration Court:
1. In the absence of the agreement between the parties to the contrary, the panel shall be composed in accordance with clauses 2 – 9 of this paragraph.
2. The arbitral panel is composed of a single arbitrator, if taking into account the complexity of the case, the amount of the claim, the parties’ agreement or other circumstances, the Chairman of the Court does not decide in its sole discretion, that the case shall be settled by three arbitrators.
3. If the panel is composed of three arbitrators, the plaintiff shall within 15 days after receipt of the notice from the Arbitration Court announce the elected the arbitrator and the substitute arbitrator, if the plaintiff has not made his choice earlier.
4. If the plaintiff fails to elect the arbitrator and the substitute arbitrator within the period specified in clause 3 of this paragraph, the arbitrator and the substitute arbitrator shall be appointed by the Chairman of the Arbitration Court.
5. If the panel is composed of three arbitrators, the defendant shall within 15 days after receipt of the notice from the Arbitration Court on election or appointment of the elected arbitrator and the substitute arbitrator by the plaintiff, announce his choice of the elected arbitrator and the substitute arbitrator.
6. If the defendant fails to elect the arbitrator and the substitute arbitrator within the period specified in clause 5 of this paragraph, the arbitrator and the substitute arbitrator shall be appointed by the Chairman of the Supreme Arbitration Court.
7. In forming the arbitral panel of three arbitrators the Chairman of the arbitral panel and the substitute Chairman of the arbitral panel are appointed by the Chairman of the Arbitration Court among the arbitrators included in the list of the arbitrators.
8. If the panel is composed of three arbitrators, then in the presence of two or more plaintiffs or defendants both the plaintiffs and the defendants shall elect only one arbitrator and one substitute arbitrator.
Should the plaintiffs and the defendants fail to come to an agreement, the arbitrator and the substitute arbitrator shall be appointed by the Chairman of the Supreme Arbitration Court. The Chairman of the Supreme Arbitration Court shall be entitled to appoint the arbitrator and the substitute arbitrator also on behalf of the other party.
9. If the case is examined by a single arbitrator, the single arbitrator and the substitute single arbitrator are appointed by the Chairman of the Supreme Arbitration Court among the arbitrators included in the list of the arbitrators.
10. The functions of the arbitral panel and its Chairman stipulated in these Regulations also apply to the single arbitrator.
According to § 24 of the Regulations on the Supreme Arbitration Court:
1. The Arbitration Court shall settle the disputes in accordance with the legal rules chosen by the parties as applicable to the substance of the dispute. In this case, any reference to the law or a legal system of any state shall be construed as directly referring to the substantive law of that state and not to its conflict of law rules.
In the absence of any instruction from the parties the Arbitration Court shall apply the law determined in accordance with the conflict of law rules the court considers appropriate.
In all cases, the Arbitration Court shall make decisions in accordance with the terms of the contract and taking into account commercial customs applicable to this transaction.
2. The Arbitration Court shall apply the provisions of these Regulations to the procedure of arbitration proceedings taking into account the agreement between the parties, if it does not conflict with imperative provisions of the applicable law and with the principles of these Regulations. When settling the issues not regulated by either these Regulations or by an agreement between the parties, the Arbitration Court in compliance with the provisions of the applicable law, shall conduct the proceedings in such manner as the court considers appropriate, while adhering equal treatment of the parties and giving each party the required opportunities for protection of their interests.
According to § § 25,26, 30 of the Regulations on the Supreme Arbitration Court
25. Representation of the parties
The parties may conduct cases in the Arbitration Court either personally or through duly authorized representatives appointed by the parties, at their discretion, including from among foreign entities and individuals.
26. Third-party proceedings
Involving any third party into the arbitration proceedings is permitted only with the consent of the parties in a dispute. To involve a third party into the proceedings in addition to the consent of the parties, it’s also required to obtain the consent of an involved person. The application for third party proceedings is permitted only until the expiration of the term for submission of response to the claim statement. The consent of involvement of the third party shall be executed in writing.
30. Oral hearings
1. Oral hearings are held to state the positions of the parties based on the evidences presented and for oral arguments. The hearing is held in private. With the permission of the Arbitration Court and with the consent of the parties the hearing may be attended by the persons not involving into the arbitration proceedings.
2. The parties shall be notified of the time and the venue of the oral hearing, and such notifications shall be sent to the parties so that each party has at least 30 days to prepare and to arrive to the oral hearing. By agreement of the parties, this period may be reduced.
3. If it’s necessary to hold subsequent oral hearings, the date of such hearings is established by the arbitral panel, taking into account specific circumstances.
4. The failure of the party duly informed of the time and the venue of oral hearings to appear at the court, does not prevent examination of the case and adjudication, unless the party failed to appear filed in advance and in writing the request to postpone the hearing for a valid reason.
5. A party may petition the Court on the case hearing in the party’s absence.
6. A party has the right to request to participate in the hearing by means of video conferencing systems. Such a request is considered by the arbitral panel taking into account the circumstances of the case, the opinions of another party and availability of technical capabilities.
According to § 21 of the Regulations on the Supreme Arbitration Court:
1. The arbitration proceedings are conducted in Russian. Upon agreement of the parties the arbitral panel may conduct the arbitration proceedings in another language.
2. Documents relating to the arbitration proceedings shall be submitted by the parties in the language of the arbitration proceedings, or in the language of the contract, or in the language of the correspondence between the parties. Written evidences are submitted in the original language.
The Arbitration Court at its own discretion or at the request of the party may request from the other party to translate the documents submitted, including written evidences, into the language of the arbitration proceedings, or to arrange the translation at its expense.
3. At the request of the party and at its expense the Arbitration Court may provide it with the services of an interpreter at the oral hearing.
According to §§ 35-37 of the Regulations on the Supreme Arbitration Court :
The arbitration proceedings are terminated by the final award.
- After the arbitral tribunal has found that all the circumstances of the case are substantially clarified, they shall declare the oral hearing complete and proceed to the awarding of a decision.
- The decision shall be taken by the majority of the arbitral tribunal. If the decision cannot be made by a majority vote, it shall be awarded by the Chairman of the Arbitral Tribunal. A judge who does not agree with the award, may express his dissenting opinion in writing.
- The decision shall be awarded within the time limits established in accordance with § 24 of this Statute. The Arbitration Court is entitled to declare only the operative part of the award. In this case, unless the parties have agreed on a deadline for the decision, a reasoned award shall be sent to the parties no later than 15 days as from the date of announcing the operative part of the award.
37. Contents of Award
- The decision of the arbitral tribunal shall be set out in writing and signed by the arbitrators, members of the arbitral tribunal, including the arbitrator having a dissenting opinion. Special opinion of the arbitrator shall be appended to the award of the arbitral tribunal. If the arbitration was carried out jointly, the decision may be signed by a majority of the arbitrators, members of the arbitral tribunal, provided that the valid reasons for the lack of signatures of other arbitrators are specified.
- An arbitration award will contain the following:
1) date the award was rendered;
2) location of arbitration proceedings ;
3) name(s) of arbitrator(s) and constitution of the arbitral tribunal;
4) name and location of entities appointed as arbitration parties; full name, date and place of birth, place of residence and work for entrepreneurs and other citizens appointed as arbitration parties;
5) verification of the arbitration court jurisdiction;
6) claimant’s case and points of defense, petitions by litigants;
7) circumstances of the case, established by the arbitral tribunal, the evidence, which the conclusions of the arbitration tribunal are based, laws and other legal acts influencing the arbitral tribunal decision.
The operative part of the decision shall contain the conclusions of the arbitral tribunal regarding the satisfaction or refusal to satisfy each declared claim. The amount of costs associated with the resolution of the dispute in the arbitration court, distribution of these costs between the parties, and if necessary – time and manner of execution of the decision shall be specified in the operative part of the decision.
- After the decision has been awarded each party shall receive a copy of the award issued in accordance with Clause 1 hereof.