|
|
|
|
Federal Law on Arbitration (Arbitral Examination) in the Russian Federation - Russia and the Republics Legal Materials - Second Series
Pages:
ISBN:
Published On:
Updated On:
22330
DwnLdItem
PDF Chapter
Have a question? Email us about this product!
Available Format
|
Additional Information |
Originally from Russia and the Republics Legal Materials - Second Series
Preview Page Editor’s Note
[The Russian legislator has used and continues to use the Russian word арбитраж in diametrically opposite meanings: to refer to “arbitrazh courts” which are part of the judicial system of the Russian Federation and having nothing in common with classical arbitration, even though the word sounds as though they do, and to mean “arbitration”, as in the example of the International Commercial Arbitration Court (MKAC: Международный коммерческий арбитражный суд). In the present Law the words арбитраж and третейский are both used to designate classical arbitration, which makes it difficult to differentiate in the translation when one or the other word is used. Reference also is made in this Law to the Code of Arbitrazh Procedure, which regulates proceedings in “arbitrazh courts” but can sometimes be relevant to arbitrations.]
Chapter 1. General Provisions
Article 1. Sphere of Application of Present Federal Law
1. The present Federal Law regulates the procedure for the formation and activity of arbitration courts and permanently operating arbitration institutions on the territory of the Russian Federation, and also arbitration (arbitral examination).
2. The provisions of Articles 7(71), 39 and 43 and Chapters 9 to 12 of the present Federal Law shall apply with respect to the organization not only of the arbitration of domestic disputes, but also to international commercial arbitration, the site of which is the Russian Federation [as amended by Federal Law of 27 December 2018, No. 531-ФЗ].
3. Disputes between parties to civil-law relations may be transferred to arbitration (arbitral examination) by agreement of the parties unless provided otherwise by a federal law.
4. Limitations may be established by a federal law on the transfer of individual categories of disputes to arbitration (arbitral examination).
William E. Butler, Emeritus Professor of Comparative Law in the University of London, attached to University College London, is the John Edward Fowler Distinguished Professor of Law at the Dickinson School of Law, Pennsylvania State University, and Founder and Director of The Vinogradoff Institute.
An authority on the legal systems of Russia and former Soviet nations, he is the author, co-author, editor or translator of more than 3,500 books and articles on Russian, Soviet, Kazakhstan, Ukrainian, Uzbekistan, and other Commonwealth of Independent States legal systems. He has acted as Counsel to the EBRD, European Union, World Bank, United Nations, and Department for International Development of the United Kingdom on individual law reform projects.
The recipient of numerous honors for his service to Russian and international law, Professor Butler is Academician of the National Academy of Sciences of Ukraine and the Russian Academy of Natural Sciences, Associate of the International Academy of Comparative Law, and Member of the Russian Academy of Legal Sciences. He has been elected to his fourth term as a member of the Russian International Court of Commercial Arbitration. In 2003 Professor Butler was awarded the G. I. Tunkin Medal by the Russian International Law Association.
|
|
|
|
|
|
