INTERNATIONAL ARBITRATION COURTS
I. GENERAL PROVISIONS
1. Arbitration Court.
The International Arbitration Court (hereinafter referred to as the Arbitration Court) is a permanent court of arbitration established by the association “RESPONDERE” (unified registration number 50008238481, legal address: Kr. Valdemâra iela 33-7, Rîga, LV – 1010) which acts on the basis of Arbitration Law of the Republic of Latvia, its Charter and agreement of the parties.
Name of the Arbitration Court in Latvian – Starptautiskâ đíîrçjtiesa.
Name of the Arbitration Court in English – International Arbitration Court.
Name of the Arbitration Court in German – Internationales Schiedsgericht.
Name of the Arbitration Court in Russian – Международный третейский суд.
2. The Arbitration Work Management.
The activity of the Arbitration Court shall be managed by the Presidium of the Arbitration Court, which performs the functions determined by the Regulations in order to supervise and secure formation and functioning of the Arbitration Court. The Presidium of the Arbitration Court shall not itself dissolve any disputes.
The Presidium shall approve the composition of the Arbitrary Court and shall inform the parties about it. On approving the composition of the Arbitration Court the Presidium shall examine whether the composition of the Arbitrary Court complies with the agreement of the parties, the Arbitration Law of the Republic of Latvia, the Law of Civil Procedure of the Republic of Latvia and Requirements of the Arbitration Rules. The Presidium may demand from any of the parties any information necessary for performing functions pertaining to the dispute.
3. The Competence of the Arbitrary Court.
The Arbitration Court settles any civil dispute provided the parties have on voluntary basis concluded the Arbitration Agreement, except for a dispute:
1) whose adjudication may concern the rights of such a person who is not a party to the Arbitration Agreement;
2) in which one of the parties is a state or municipal institution or in which award of the Arbitration Court may concern the rights of the state or municipal institution;
3) which is related to records in the register of civilian acts;
4) regarding the rights and obligations or statutory protected interests or individuals under guardianship or trusteeship;
5) concerning establishment, modification or termination of proprietary rights regarding real estate, if a participant of a dispute according to the law has limited eligibility to acquire real estate in ownership, possession or use;
6) regarding ejection of an individual out of the dwelling premises;
7) by and between employee and employer if the dispute occurred due to conclusion, modification or termination of the employment agreement as well as due to application or interpretation of the provisions of the law, collective agreement, or working procedure regulations (individual employment dispute);
8) regarding rights and obligations of the persons for which an insolvency case has been initiated.
The Arbitration Court shall not resolve disputes concerning implementation of special procedures pending issues.
4. Applicable Law.
When settling the dispute, the Arbitration Court shall act in accordance with laws and business practices, which may be applied pursuant to the parties’ agreement, insofar such agreement of the parties does not contradict with provisions of Articles 19, 24, and 25 of the Civil Law of Latvia. If the parties have not agreed on the basis of which laws or business practices their mutual relationship should be settled, or the Arbitration Court has considered it void, the law applicable to the legal relationship between the parties shall be determined according to the Preamble of the Civil Law of Latvia.
II. THE ARBITRATION AGREEMENT.
5. The Concept of an Arbitration Agreement.
An arbitration agreement is a written agreement concluded by the parties in accordance with procedures specified by the Arbitration Law about settlement of a civil dispute at an arbitration court.
6. The Parties of an Arbitration Agreement.
An arbitration agreement may be concluded by any natural person with the capacity to act, a private law legal person or a public law legal person in the field of private law.
7. The Form and Contents of an Arbitration Agreement.
An arbitration agreement shall be concluded in writing. As a separate provision it may be included in any agreement of the parties (the “Arbitration Clause”) that includes an obligation which is related or may be related to the origin of the civil dispute, taking into account restrictions specified in the first part of Article 5 of the Arbitration Law. The Arbitration Agreement is modified or cancelled by means of a written agreement between the parties. A written agreement is considered to be an agreement that is concluded by means of exchange of mail or by use of electronic means of communication by ensuring that the intent of the parties to settle the arisen or potential civil dispute by arbitration is recorded by secure electronic signature.
In the Arbitration Agreement the parties may agree to:
1) permanent arbitration court or ad hoc arbitration court,
2) place of arbitration,
3) language of arbitration,
4) number of the arbitrators, taking into account Article 29 of the Arbitration Law;
5) procedures of covering expenses of arbitration;
6) other issues, which the parties consider important.
If the parties have agreed to settle the dispute by Arbitration Court, but the specific place of arbitration has not been stipulated, and the Claimant has submitted its request for the International Arbitration Court and the other party has agreed to it, the dispute is within the jurisdiction of this Arbitration Court.
8. The Force of the Arbitration Agreement.
The parties who have concluded an Arbitration Agreement to settle a civil dispute by arbitration may not rescind it, provided that the Arbitration Agreement was not altered or cancelled in the manner determined in the law or Agreement.
The Arbitration agreement shall be valid until the legal relationships, in connection with which it was concluded, are terminated.
If The Arbitration Agreement is included as a separate provision in the agreement concluded between the parties, the Arbitration Agreement shall be considered as an independent agreement. The Arbitration Agreement also remains in force if an agreement in which it is included has expired or rendered ineffective.
By cession of claim, the right of claim is transferred to the cessionary, but not the arbitration clause that is included in the agreement to resolve the civil dispute in the Arbitration Court.
III. THE ARBITRATORS.
9. Requirements to be Met by the Arbitrators.
The arbitrator is a person who meets the requirements of the Arbitration Law and is appointed for resolution of a civil dispute according to the requirements of the Arbitration Agreement and Arbitration Law. The Arbitrator is not a representative of the party by which the arbitrator is appointed. The arbitrator should perform his duties in good faith, without subordinating to any influence. The arbitrator must be independent and objective.
Any person of legal age who has given a written consent to be included in the list of arbitrators of a permanent tribunal may be appointed an arbitrator. He shall meet the following requirements:
1) he is not under trusteeship,
2) he has impeccable reputation,
3) he has higher professional or academic education (with exception of the first level professional education) and has obtained lawyer’s qualification,
4) he has no less than three-year working experience in the speciality of law on the academic staff of a higher education establishment or at any other legal speciality job.
A person, who according to the Advocacy-bar Law may practice legal defence (except for an assistant of a sworn advocate), has given a written consent to be an arbitrator of a permanent arbitration court is not subjected to the limitations mentioned in Article 14 of the arbitration Law. His compliance with the requirements of the second part of Article 14 of the Arbitration Law shall be certified since the moment he has been included in the list of sworn advocates.
An arbitrator of the permanent arbitration court can be included in no more than three lists of permanent arbitration courts.
10. Limitations to the Appointment of an Arbitrator.
A person shall not be appointed an arbitrator if:
1) he does not comply with the requirements of the second part of Article 14 of the Arbitration Law,
2) he is suspected or accused of committal of an intentional criminal offence in a criminal case,
3) the criminal procedure against him for committal an intentional criminal offence has been suspended on non-rehabilitative grounds,
4) he has been punished for committal an intentional criminal offence, irrespective of deletion or removal of criminal record,
5) he has been convicted for an intentional criminal offence, although released from serving the sentence due to lapse, pardon or amnesty,
6) insolvency proceedings have been declared for him within the latest five years.
11. Inadmissibility to participate in the Adjudication of the Dispute and Withdrawal of the Arbitrator.
The arbitrator is not authorised to participate in the settling of the dispute if he
1) has been a representative to a party, an expert or witness in the case where the parties have participated;
2) is in kinship relation of at most the third degree or affinity relation of at most the second degree with some of the participants of the dispute or their representatives;
3) is in kinship relation of at most the third degree or affinity relation of at most second degree with some of the arbitrators in the Arbitral Tribunal that reviews the case;
4) is in employment relationship with some of the participants of the dispute or their representatives or if the arbitrator provides legal assistance to some of the parties;
5) his spouse or a kinsman of at most the third degree, or a business partner, or a company which is party in the dispute or where its participant, shareholder or member, member of monitoring, control or executive body is the arbitrator or his kinsman of at most the third degree, have a tangible interest in the outcome of the civil dispute.
The person, whose consent is requested to be appointed as the arbitrator, shall disclose any circumstances to the parties, which may give rise to any justified doubts as to its impartiality and independence. If such circumstances have been discovered after the initiation of the arbitration but before the end of arbitration, the arbitrator shall immediately reveal them to the parties.
The arbitrator not later than five days from the day when the arbitrator has learned of his appointment, or from the day, when the arbitrator knows about the circumstances which can give rise to any doubts as to his impartiality and independence, shall reject to accept the assignment and shall indicate the grounds of for self-rejection.
If the arbitrator has withdrawn himself a new arbitrator shall be appointed in accordance with the Arbitration Agreement or the procedure prescribed by permanent Arbitration Court Rules.
12. Challenge of the Arbitrator
The participant of the dispute may challenge the arbitrator if
1) the arbitrator is subjected to the limitations mentioned in the first part of Article 16 of the Arbitration Law and he has not withdrawn himself from settling the dispute;
2) he does not comply with the requirements of the Arbitration Law,
3) he does not comply with the requirements the parties have agreed upon;
4) there are other circumstances raising doubts about his impartiality and independence.
The party may challenge the arbitrator it has appointed or in whose appointment it has participated, only if the grounds for the challenge were discovered by it after the appointment of the arbitrator.
The parties may agree upon the procedure of the challenge of the arbitrator.
If the dispute is settled by the permanent arbitration court and the parties have not agreed upon the procedure of challenge of the arbitrator it is determined in accordance with the arbitration Law.
The party may file its objection to the arbitrator within five days from the day it has learned of the appointment of this arbitrator or it has got to know some of the circumstances mentioned in the first part of Article 17 of the Arbitration Law, by submitting to the Arbitration Court a written notice specifying in it the arbitrator and the grounds for challenge.
If the arbitrator against whom the objection is started does not resign from his obligations the issue on the challenge of this arbitrator is decided by the Arbitral Tribunal or the arbitrator himself within five days from the day of reception of the notice.
If the challenge of the arbitrator has been accepted a new arbitrator shall be appointed in accordance with the procedure prescribed by the Arbitration rules.
If the arbitrator accepts the challenge or declares self-rejection the Arbitral Tribunal withdraws him from settling the dispute within five working days and appoints a new arbitrator.
13. Number of the Arbitrators.
The parties may agree upon the number of the arbitrators, but the number should be odd. If the parties have not agreed upon the number of arbitrators and it is not provided otherwise in the Arbitration Rules, the Arbitral Tribunal shall consist of three arbitrators.
If the parties have agreed the dispute may be considered by a sole arbitrator.
14. Appointment of the Arbitrators.
The parties may determine the procedure of appointment of the arbitrators.
The parties may delegate the right to appoint the arbitrator to any other capable natural or legal person.
If the parties have not agreed upon the procedure of appointment of the arbitrators, the arbitrators shall be appointed by the Arbitral Tribunal from the list of arbitrators (Annex No 1 to the Rules) in accordance with the Arbitration Rules considering equality of the parties.
If the parties have agreed that the dispute would be considered by a sole arbitrator, but they have not agreed upon a particular arbitrator, the Presidium of the Arbitration Court, when sending the notice of receipt of the claim, offers to the Respondent to reach an agreement with the Claimant upon a particular arbitrator.
Any of the parties may offer to the other party one or several candidates for nomination as arbitrators. If the parties have not agreed upon a definite arbitrator during the term determined by the Arbitration Court, the arbitrator shall be appointed by the Arbitral Tribunal.
When appointing the arbitrator, the Arbitral Tribunal shall take into account all the circumstances to secure the appointment of an impartial and independent arbitrator.
Upon nomination of one or several arbitrators, their names and surnames should be indicated.
If the parties have agreed upon three arbitrators, or have not agreed upon the number of arbitrators, the Claimant, when filing the claim, shall specify the arbitrator elected by it. The Presidium of the Arbitration Court, when sending the notice of receipt of the claim, shall inform the Respondent of the claim and offer to appoint the arbitrator on its part.
The arbitrators appointed by the parties shall agree upon the appointment of the third arbitrator who acts as a Chairman of the Arbitral Tribunal.
If the parties have agreed upon other (odd) number of arbitrators, each of the parties according to the aforementioned procedure appoints identical number of arbitrators, who shall thereafter agree to appoint the Chairman of the Arbitral Tribunal from the list of arbitrators.
If any of the parties, after it has been notified by the other party about the appointment of the arbitrators, does not notify the other party about the appointment of its arbitrators within ten days, the Arbitral Tribunal shall appoint the arbitrators within five working days.
If the arbitrators appointed by the parties cannot agree upon the Chairman of the Arbitral Tribunal within 10 (ten) days, this person shall be appointed by the Presidium of the Arbitration Court within five working days.
If the claim is submitted by several Claimants, or the claim is raised against several Respondents, they should respectively agree upon the candidate of arbitrator on their part.
If the Claimants or the Respondents have not agreed upon the candidate of the arbitrator, the arbitrator shall be appointed by the Presidium of the Arbitration Court.
15. Termination of Power of the Arbitrator.
The authority of the arbitrator terminates
1) if the challenge of the arbitrator has been accepted;
2) if he has withdrawn himself from the settling of a civil dispute;
3) if the parties have agreed about his removal;
4) with his death;
5) in other cases specified by the Arbitration Rules.
The parties are free to agree about the procedure of termination of the arbitrator’s authority. If the parties have not agreed about it and the civil dispute is being resolved by the permanent arbitration court, a new arbitrator shall be appointed in the manner determined by article 30 of the Arbitration Rules.
16. Consequences of Appointment of a new Arbitrator.
If the arbitrator is replaced during the review of the dispute by a sole arbitrator, or if the Chairman of the Arbitral Tribunal is replaced, the review of the dispute shall be restarted.
If one of the arbitrators of the Arbitral Tribunal is replaced, the issue on restarting of review of the dispute anew or continuation of review of the dispute may be decided at the discretion of the arbitral Tribunal.
IV. PRINCIPLES OF ARBITRAL PROCEEDINGS.
17. Equality of the Parties.
During the arbitration proceeding, the parties enjoy equal procedural rights. The Arbitral Tribunal shall ensure that the parties have equal opportunities to exercise the rights granted to them to protect their interests.
18. Adversarial Proceedings.
The parties shall exercise their procedural rights at the arbitration proceeding by way of adversarial proceedings. Adversarial proceedings shall take place through the parties exercising their rights to submit evidence, provide explanations and applications addressed to the Arbitral Tribunal, by participating in the examination and assessment of evidence as well as by performing other procedural actions.
19. Freedom of Choice of the Procedure of Arbitration.
The parties shall have the right to determine the procedure of arbitration themselves within the limits of Arbitration Law. The arbitration proceedings shall be conducted according to the terms of the Arbitration Rules if the parties have not agreed upon other procedure of arbitration, as far as it is allowed by the Arbitration Rules.
20. Independence of the Arbitrator.
The arbitrator should perform his duties in good faith, without subordinating to any influence. In his activity and decision making the arbitrator shall be objective and independent.
21. Confidentiality of the Procedure of Arbitration.
If the parties have not agreed otherwise, the procedure of arbitration shall be confidential. The arbitration proceedings are closed. The Arbitral Tribunal does not give any information about the proceedings to other persons or publish it, except when the parties have agreed otherwise. Persons who are not participant of the arbitration proceedings may participate only with the consent of the parties.
The information about the arbitration proceedings is given only to the persons who have the right to get it to perform the functions determined by law.
V. PREPARATION OF THE ARBITRATION.
22. Jurisdiction of the Civil Dispute.
The issue of jurisdiction over the civil dispute, including the question of validity of the Arbitration Agreement, shall be decided by the Arbitral Tribunal. The issue of jurisdiction of the Arbitration Court may be decided by the Arbitral Tribunal at any stage of arbitration.
The relevant party may file the plea that the civil dispute is not within the jurisdiction of the Arbitration Court until the deadline to submit Response.
The dispute shall be within the jurisdiction of the Arbitration Court if it is subject to the Arbitration Agreement and if, according to the Law of Civil Procedure of Latvia, is not within the exclusive jurisdiction of state courts.
If the parties have agreed to settle the disputes, arising out or in connection with the particular agreement, by the Arbitration Court, it shall be presumed that the parties have agreed to settle any dispute arising out or in connection with such agreement, which concerns it or infringement, termination or invalidity of it, in the Arbitration Court.
The issue of jurisdiction of the Arbitration Court may be decided by the Arbitral Tribunal at any stage of arbitration. Usually the Arbitral Tribunal decides it in the first place when receiving the application. However, the Arbitral Tribunal shall have the right to begin or to continue the arbitration proceeding and deciding on this question when adopting its final resolution in the dispute.
23. Place of Arbitration.
The Arbitral Tribunal shall have the right freely to choose the place of arbitration, taking into account efficiency considerations, if the parties themselves have not agreed upon the place of arbitration.
The Arbitration Court is free to choose as the place of arbitration its place of location or any other place it considers appropriate taking into account conditions of the arbitration proceedings.
In order to study the facts, to which the parties refer, including inspection of goods or other property or documents or checking them, the Arbitral Tribunal may hold hearings at any place which it considers appropriate, by informing the parties which have the right to participate in the review.
If the parties have agreed about the place of arbitration proceedings outside Riga, the parties shall cover the expenses for transport and accommodation of the arbitrators.
24. Order of Arbitration Proceedings.
The arbitration proceedings shall be conducted according to the terms of the Arbitration Agreement, the Arbitration Rules, legislative acts and general principles of law.
If the parties have agreed about settling the civil dispute in the Arbitration Court but have not agreed upon the procedure of arbitration, the civil dispute shall be settled in the manner determined by the Arbitration Rules and the Arbitration Law.
The Chairman of the Arbitral Tribunal may independently decide upon the issues of the arbitral proceedings, if the parties or other arbitrators have delegated such powers.
25. Language of the Arbitration.
The parties have the right to agree upon the language of arbitration. If the parties have not agreed upon the language of arbitration, the language of arbitration is chosen by the Arbitral Tribunal.
If the participants of the arbitration are residents of the Republic of Latvia, the language of arbitration shall be Latvian.
If the parties have agreed upon a language of process in which the Arbitral Tribunal or some of the arbitrators or some of the participants of the arbitration are not fluent or do not master well enough, an interpreter may be involved.
The procedure of remuneration of the interpreter’s services is determined by the Arbitration Court considering the conditions of Supplement No. 2 to the Arbitration Rules.
The Arbitral Tribunal may require from the parties translation into the language of arbitration of any written evidence.
The Arbitration court shall send the prepared documents (awards, decisions, notices, etc.) by mail or electronic communication. Regarding the documents prepared and submitted by a party (Request for arbitration, Response to the Request), if it has been stated in the Arbitration Rules, the Arbitration Court sends them to the other case participant by mail or electronic communication, or notifies the other case participant about their receipt in the Arbitration Court and possibilities to get acquainted with them. The mentioned documents are sent to a natural person by registered mail to its declared place of residence, but if an additional address is specified in the declaration – to the additional address, unless the natural person has provided other address for communication with the Arbitration Court, but to a legal person – to its legal address.
In case the natural person has no declared place of residence in the Republic of Latvia notifications of the Arbitration Court should be published in the newspaper “Latvijas Vçstnesis” not later than a month before the session of the Arbitral Tribunal.
The Arbitration Court sends the prepared documents by electronic communication if a party has notified the Arbitration Court that it agrees to use electronic mail for communication with the Arbitration Court. In that case the Arbitration Court sends the documents to the electronic mail address specified by the party. If the Arbitration Court recognizes technical obstacles to send the documents by electronic mail, they are sent by registered mail.
The mentioned documents are considered to be received on the day of delivery, if they are delivered and handed over to the addressee in person. If they are sent by mail, it is to be considered that they are delivered at the seventh day after the day the mail has been dispatched, but if they are sent by electronic mail, it is to be considered that they are received two working days after the dispatch date.
The parties are notified about the first session of the Arbitral Tribunal by registered mail not later than 15 calendar days before the session, unless the parties have agreed otherwise.
Notifications about other sessions of the Arbitral Tribunal shall be sent to the parties by registered mail not later than three working days after the terminated or restarted session of the Arbitral Tribunal.
An individual shall participate in his case at the Arbitration Court in person or through his authorized representative. A legal entity shall be represented at the Arbitration Court either through director who acts within the framework of authority granted by law, charter or statute, or by otherwise authorized representative of such legal person.
Any natural person may serve as an authorized representative, except a person:
1) who has not attained the age of majority;
2) for whom trusteeship has been established;
3) who has been deprived from the rights to conduct the matters of different persons by the judgment of court;
4) who is in kinship relation of at most the third degree or in affinity relation of at most the second degree with an arbitrator who settles the present civil dispute;
5) who has provided legal assistance to the other party of the civil dispute in question or other case related to it;
6) who has participated in mediation in the case in the present or other case related to it.
Upon establishing the obstacles mentioned in the second part of Article 32 of the Arbitration Law, the Arbitral Tribunal does not admit such a person to the resolution of the civil dispute.
who is or who has been listed as an arbitrator of the Arbitration Court within
the period of the last five years, shall not serve as an authorized
representative to any party and shall not be invited to provide legal
assistance in the arbitral proceedings of the present Arbitration Court.
The parties may involve sworn advocate to receive legal assistance during the arbitration.
VI. SETTLEMENT OF THE DISPUTE.
28. Security of the Claim Before Filing the Claim Which is Within the Jurisdiction of the Arbitration Court.
On the request of the possible Claimant the regional (town) court, under the jurisdiction of which is the debtor’s place of residence or his property, in accordance with the Law of Civil Procedure, may secure the claim before filing the claim. The same court, on the request of the party or the Arbitral Tribunal, shall decide about repealing or amending the security of the claim.
The request for the security of the claim, or the request for the amendment of the security of the claim shall not be considered as disregard of the Arbitration Agreement and is not an obstacle to settling the civil dispute in the Arbitration Court.
29. Commencement of the Arbitration.
Arbitration commences at the moment of submission of the Request for Arbitration.
The Request for Arbitration should be submitted to the Arbitration Court in written form.
The Request for Arbitration should be submitted to the Arbitration Court in written form in the place of location of the Arbitration Court.
30. Request for Arbitration.
The Request for Arbitration shall contain the following information:
1) the Claimant’s first name, surname, personal code, declared place of residence, but if such does not exist – place of residence; for the legal person – its name, registration number and registered address; the Claimant may provide his telephone number or electronic mail address, if he agrees to use telephone number or electronic mail address for communication with the Arbitration Court;
2) the Respondent’s name, surname, personal code, declared place of residence and the additional address indicated in the declaration, but if such does not exist – place of residence; for the legal person – its name, registration number and registered address. The Respondent’s personal code or registration number is to be provided if it is known;
3) if the Request for Arbitration is submitted by a representative – the Claimant’s representative’s name, surname, personal code and address for communication with the Arbitration Court; for the legal person – its name, registration number and registered address;
4) in the claims for recovery of monetary amount – name of the credit institution and account number to which payment is to be made, if such an account exists;
5) the subject of claim, the amount as well as calculation of the amount of claim;
6) the cause of claim and evidence which confirms it;
7) the Claimant’s request;
8) a list of attached documents;
9) other information, if it is necessary for the adjudication of the case.
The following documents shall be attached to the Request for Arbitration:
1) the Arbitration Agreement, unless it is included in the contract in respect of which the dispute has arisen;
2) the agreement in respect of which the dispute has arisen;
3) the documents, to which the Claimant refers in the Request for Arbitration;
4) the document which confirms payment of the arbitration expenses, i.e., payment of the costs related to the review of the dispute and the arbitrators’ fees.
The Request for Arbitration should be submitted to the Arbitration Court with attached copies of the Request for Arbitration as many as there are participants in the arbitration proceeding.
If the Request for Arbitration and the documents attached to it do not meet the requirements of the Arbitration Rules, the Presidium of the Arbitration Court shall inform the person submitting such documents and give time to remedy deficiencies. During this time the Request for Arbitration remains without review. If during the term set by the Presidium of the Arbitration Court the deficiencies are eliminated, the Request for Arbitration shall be considered submitted and the arbitration proceeding is started. If during the term prescribed by the Presidium of the Arbitration Court, the deficiencies are not eliminated, the Request for Arbitration shall be returned to the bearer without any consideration.
31. The Notice of the Initiation of the Arbitration Proceedings.
If the Request for Arbitration and the documents attached to it conform to the requirements of the Arbitration Rules, the Presidium of the Arbitration Court immediately within 5 working days sends to the Respondent a notice on the initiation of the arbitration proceedings and a copy of the Request for Arbitration, offering the Respondent the possibility to give a written response to the Request.
32. The Response to the Claim.
The Respondent shall submit the Response to the claim within the time period agreed upon by the parties or determined by the Arbitration Court. The time period for submitting the Response shall not be shorter than 15 days from the day of the delivery of the Request for Arbitration to the Respondent.
The Respondent in its Response states the following:
1) whether he admits the claim fully or in a part thereof;
2) his objections against the claim;
3) the facts the Respondent uses to substantiate its objections and evidence that confirms them;
4) other facts which he considers significant in the resolution of the civil dispute;
5) his telephone number or electronic mail address, if he agrees to use telephone or electronic mail for communication with the Arbitration Court.
Failure to submit the Response is not an obstacle for resolution of the civil dispute.
The Respondent submits to the Arbitration Court as many copies of the Response as there are participants in the arbitration proceedings.
33. The Counterclaim.
The parties may freely agree upon the procedure of submitting a counterclaim, if the subject of the counterclaim is within the Arbitration Agreement. If the parties have agreed upon the resolution of the civil dispute in the Arbitration Court but have not agreed upon the procedure of submitting a counterclaim, the counterclaim shall be submitted in compliance with general rules of submitting a request for arbitration.
The counterclaim shall be submitted to the Arbitration Court with copies for all the participants of the arbitration proceedings.
The counterclaim shall be submitted within the time period set forth for submitting the Response.
the Respondent has exceeded the established deadline for justifiable reasons,
the Respondent may request the Arbitration Court to renew the overdue term.
If the Arbitration Court finds the delay justifiable and renews the term for submitting the counterclaim, the Arbitration Court shall accept the counterclaim for reviewing.
If the Arbitration Court does not justify the delay, the Arbitration Court shall not consider the counterclaim.
33. Making Modifications and Supplements to the Claim.
Unless the parties have agreed otherwise, a party shall be allowed to modify the claim or make supplements to the claim before commencement of the dispute settlement.
If the basis of the claim is altered or amended, the Respondent is entitled to submit a written Response within the period set by the Arbitral Tribunal. Submitting the Response is subject to the Article 37 of the Arbitration Rules.
If the amount of claim is increased when modifying or supplementing the claim or counterclaim, the party should in addition pay the appropriate arbitration expenses.
Upon commencement of the arbitration process, the Arbitration Court may consider inappropriate to allow amendments or supplements to the Claim, Response or Counterclaim, if the Arbitration Court considers that the deadline of the term is overdue or amendments or supplements may delay the proceedings or unnecessarily complicates the proceedings.
The claim or counterclaim may not be altered in such a manner that it exceeds the limits of the Arbitration Agreement.
34. Arbitration Hearings.
Considering the Arbitration Agreement concluded by the parties, the Arbitral Tribunal chooses oral or written procedure of resolving a civil dispute.
The Arbitral Tribunal chooses oral procedure in order to hear explanations and objections of the parties as well as verified evidences.
The Arbitral Tribunal chooses written procedure to resolve a civil dispute basing only on written evidences and other materials.
The Arbitral Tribunal shall arrange oral procedure of settling a civil dispute also if the parties in the Arbitration Agreement have not agreed upon the procedure, or, if in the beginning, they have agreed upon the written procedure but one of the parties before accepting the resolution asks for oral hearings.
The Arbitral Tribunal shall familiarise both parties with the received applications, documents and other information, as well as with the experts’ findings and other evidence.
After the Response to the Request and the answer has been received from the Respondent, or the term given to the Respondent for submitting of the Response and answer has expired, and the composition of the Arbitral Tribunal has been approved, the Arbitral Tribunal shall schedule the time of hearing of the case at the Arbitral Tribunal. The time of the hearing of the case shall not be scheduled earlier than 30 (thirty) calendar days after reception of the Request and notification of the commencement of the Arbitral Proceedings.
Considering the provisions of the Arbitration Rules and the Agreement of the parties, the Arbitral Tribunal may conduct the arbitration proceeding as how it considers it appropriate, so that the dispute is decided without unnecessary delay, and equal possibilities to outline its view and submit the documents are provided to the parties.
If the Arbitral Tribunal recognizes that it is impossible to resolve the dispute within the particular session of the Arbitral Tribunal, the Arbitral Tribunal may take a decision to postpone the settlement of the dispute.
If the Arbitral Tribunal has heard out the statements of the parties, the Arbitral Tribunal while postponing the settlement of the dispute, on its own discretion may fix another date of the session of the Arbitral Tribunal in order to hear out repeatedly the statements of the parties or their representatives, or to proceed the arbitration of the dispute without recurrent hearing of the parties or their representatives.
If necessary, the Arbitral Tribunal may pass a decision on suspension of arbitral proceedings.
The suspended arbitral proceedings shall be renewed at an arbitration hearing after submission of a written reasoned Claimant’s or Respondent’s request, if the circumstances provoking suspension of arbitral proceedings have disappeared.
On a written reasoned Claimant’s or Respondent’s request, the Arbitral Tribunal may single out of the arbitral dispute one or several claims, if settlement of the dispute within one case becomes encumbered or impossible.
If the Arbitral Tribunal has to settle several similar civil disputes, where the same parties participate, or where one Claimant brings action against several Respondents, or several Claimants against one and the same Respondent and all these disputes are within the proceedings of one and the same the Judge, the Judge may join the disputes on a written reasoned Claimant’s or Respondent’s request, if the Judge considers that joining the disputes may promote sooner and quicker resolution of the dispute.
If these disputes are within the proceedings of different Judges, the issue about joining the disputes is settled by the Presidium of the International Arbitration Court within 5 (five) days.
Joining of the disputes is inadmissible without consent of the parties, if the disputes are in competency of different judges and the judges have been chosen by both parties, or without Claimant’s consent, if the judges, according to the Arbitration Agreement, have been chosen by the Claimant.
Evidence is information on the basis of which the Arbitral Tribunal determines the existence or non-existence of such facts that are significant in the resolution of the civil dispute.
Evidence shall be provided by the parties. Each party shall prove those circumstances on which it bases its claims or objections.
Statements of the parties, written evidence (written documents, audio recordings, video cassette recorder tapes, electronic media, digital video discs, etc.), physical evidence and experts’ opinions may be used as evidence in the arbitration.
Documents shall be submitted by way of original, or true copy,
copy or extract certified in accordance with the specified procedures. If a
party submits a document by way of true copy, copy or extract, the Arbitral
Tribunal at its own discretion or at the request of the other party may require
the original document to be submitted. The original document, at the request of
the person, which has provided this document, shall be returned by the Arbitral
Tribunal to the submitter, while adjoining a true copy, copy or extract
certified in accordance with the specified procedures to the records of proceeding.
The Arbitral Tribunal itself shall determine admissibility and relevance of the evidence.
The Arbitral Tribunal may require that any party provides copies of documents to each arbitrator and other participants of the process, as well as, within the term prescribed by the Arbitral Tribunal, submits to each arbitrator and the other party a summary of the documents and other evidence which the party submits to support its claims or objections.
36. Evaluation of Evidence.
No evidence shall have a predetermined effect as would be binding upon the Arbitral Tribunal.
In the motivation of the Award the Arbitration Tribunal shall indicate, why it has given preference to one sort of evidence in comparison with another, and why it has considered some facts proven but other facts unproven.
37. Requirement for Written Evidence.
The Arbitral Tribunal on the basis of a reasoned application by the party is entitled to require that the other party dispenses the written evidence available to it.
The party, which requests the Arbitral Tribunal to require written evidence, shall describe such evidence and provide their reasons for presuming that the evidence is in the possession of the opposite party.
If a party refuses to submit the written evidence required by the Arbitral Tribunal within the time period indicated, without denying that the party possesses such evidence, the Arbitral Tribunal may find as proved the facts which the opposite party sought to prove by referring to such written evidence
Unless otherwise provided in the Arbitration Agreement, the Arbitral Tribunal at the request of the party may assign an expert-examination, to invite one or more experts.
On the request of the Arbitral Tribunal the parties shall submit to the experts the necessary information or documents, declare goods or other objects.
On the request of a party the Arbitral Tribunal shall invite the expert to participate in the session.
The parties are entitled to ask the experts questions concerning his opinion.
39. Arbitration Expenses.
The expenses of arbitration shall include the expenses pertaining to the resolution of the civil dispute and arbitrators’ fees.
The amount of the arbitration expenses, terms and order of payment are fixed by the Arbitration Court, taking into account the sum of the claim, complexity of the civil dispute, terms of the Arbitration Agreement and other important factors.
The amount of the arbitration expenses, indicated in the Supplement No. 2 of the Arbitration Rules, may be changed by the decision of the Presidium, taking into account the complexity of the dispute, the time spent on resolving the dispute, as well as other factors pertaining to the resolution of the dispute.
Provided in the Arbitration Agreement the parties have not agreed otherwise, the expenses for secretarial, interpreter’s and expert’s services as well as other expenses of the arbitration proceedings shall be covered by the party, which has requested the participation of a secretary, an interpreter and an expert, as well as expert-examination in the arbitration proceedings. If such request has been submitted by both parties, each party shall cover half of the expenses.
The Presidium of the Arbitration Court fixes the terms of payment for secretary’s, interpreter’s and expert’s services, travelling and maintenance expenses of the arbitrator and other potential expenses pertaining to the resolution of the dispute. During the arbitrational proceedings the Arbitration Court may ask for additional payment for covering the costs of arbitrational proceedings.
If it is necessary to engage an interpreter or an expert, or to carry out expert- examination, but the party, which has asked for it, fails to pay remuneration for interpreter’s or expert’s services within the term fixed by the Arbitration Court, the other party shall be allowed to pay remuneration.
The secretary, interpreter or expert is invited to participate in the arbitrational proceedings only after a party has paid remuneration for their services fixed by the Arbitration Court.
If the party has paid for the secretary’s, interpreter’s or expert’s services, but the service has not been rendered, the paid sum shall be returned to the party which has paid it.
Upon making the award the Arbitration Court shall decide about the arbitration expenses and legal expenses, as well as their distribution between the parties.
If the claim is left without reviewing or the Claimant withdraws the claim until the appointment of the Arbitral Tribunal, the Presidium of the Arbitration Court may take a decision about reimbursement of the paid arbitrator’s fee.
The parties may agree about the distribution of arbitration expenses between them.
40. Consequences if the Party Does not Participate in Arbitration.
If the party is absent at the session of the Arbitral Tribunal due to unjustified reasons or without notifying on the reasons of absence, the Arbitral Tribunal shall continue the arbitration proceedings and shall review the dispute on the basis of evidence that is at its disposal.
41. Remedial Consequences of the Retirement of the Party.
The fact that a natural person, who is one of the parties, has deceased or a legal entity, which is one of the parties, has stopped existing, does not terminate the Arbitration Agreement, unless the parties have agreed otherwise, and if the contested legal relationships permit legal succession.
In that case the Arbitral Tribunal suspends the process before the legal successor is determined.
Assignment of claim shall be the cause to terminate the arbitration proceeding, unless the parties have not agreed again about the resolution of the civil dispute in the Arbitration Court.
42. The Right to Objections.
If any of the provisions of the arbitration proceeding, which are determined in the Arbitration Law, the Arbitration Rules or the Arbitration Agreement of the parties, have been violated or have not been respected, a party has the right to submit in writing objections to the Arbitral Tribunal and the other party as soon as the respective infringement has become known.
If the party does not submit objections, it shall be considered that it has waived the right to raise objections, except the case when the party has not submitted objections due to reasons independent of it.
The Arbitration Tribunal decides whether the objections are well-grounded.
43. The Record of Proceedings.
If any of the parties wishes that the session of the Arbitral Tribunal is recorded, it should before the day of the session of the Arbitral Tribunal submit a written request and attach proof of payment of the fee for services of the secretary as indicated by Supplement No.2 to the Arbitration Rules.
The minutes of session of the Arbitral Tribunal shall be recorded by the secretary chosen by the Arbitration Court.
The minutes of the session of the Arbitral Tribunal shall be signed by all arbitrators and the secretary.
The minutes of the session of the Arbitral Tribunal shall be signed no later than the third day after the conclusion of the session of the Arbitral Tribunal.
The parties shall have the right to review the minutes and submit written remarks and objections regarding the minutes within five days after they have been signed, by way of indicating the shortcomings recognized in the minutes. The Arbitral Tribunal shall decide on propriety of the objections.
VII. AWARDS OF THE ARBITRATION COURT.
44. Making of the Award.
All resolutions (decisions and awards) of the Arbitral Tribunal, if it consists of three or more arbitrators shall be made by majority vote, except the case mentioned in the fourth part of Article 26 of the Arbitration Law.
The resolution of the Arbitral Tribunal shall become effective on the day it is made. It may not be appealed, and it is impossible to file protest against it.
The awards of the Arbitral Tribunal shall be made in writing and signed by the arbitrators. If the Arbitral Tribunal consists of several arbitrators, the award shall be signed by all arbitrators. If someone of the arbitrators does not sign the award, it is necessary to state the reason why this person’s signature is absent in the award of the Arbitral Tribunal.
The signatures of the arbitrators on the award shall be certified by the seal of the Arbitral Tribunal. The Chairman of the Arbitral Tribunal may independently decide upon the procedural issues provided that the parties or other arbitrators have given proper authorization. Such decisions should not be presented in writing.
The Arbitral Tribunal may take a decision to postpone the settlement of the civil dispute without resolving the civil dispute on merits.
The Arbitral Tribunal shall facilitate settlement of the dispute by amicable settlement.
A settlement shall be permitted in any civil dispute, except the case mentioned in the second part of Article 53 of the Arbitration Law.
Reconciliation is not permitted if the terms of the settlement infringe on the rights of another person or on interests protected by law.
The amicable settlement shall be concluded by the parties in writing and it shall contain the following information: for a legal person – its name, registration number and registered address, for a natural person – the name, surname, personal code and address as well as the matter of the dispute and obligations of each party, which it voluntarily obliges to execute.
If during the arbitration proceeding the parties have concluded amicable settlement, the Arbitral Tribunal terminates the arbitration proceeding. If the parties request so and the Arbitral Tribunal approves that, the Arbitral Tribunal shall compose the amicable settlement in the form of award of the Arbitral Tribunal by including into it the terms that have been agreed upon.
Such an award of the Arbitral Tribunal shall have the same status and legal effect as any other award of the Arbitral Tribunal where the civil dispute has been resolved on merits.
46. The Sentence.
The Arbitral Tribunal makes written award within 14 days after it has concluded the review of the civil dispute on merits.
The award of the Arbitral Tribunal shall be sent to the parties within 3 working days as of making of the award.
. If the Arbitral Tribunal consists of several arbitrators, the award shall be signed by all arbitrators. If someone of the arbitrators does not sign the award, it is necessary to state the reason why this person’s signature is absent in the award of the Arbitral Tribunal.
The award shall contain the following information:
1) the panel of the Arbitral Tribunal;
2) the date of making of the award and the place of arbitral proceeding;
3) information on the parties – the natural person’s name, surname, personal code, other personal identification data and declared place of residence or other address used for communication, the legal person’s name, registration number, other data that identify the person and legal address;
4) the matter in dispute;
5) reasoning of the award unless the parties have agreed otherwise;
6) conclusion regarding complete or partial support of the claim or complete or partial rejection and the basis of award of the Arbitral Tribunal;
7) levied sum, if the award is made in respect to collection of money, indicating separately the principal debt and the interest, the time period for which the interest has been awarded, the rights of the Claimant regarding receipt of interest for the time period prior to execution of the judgment, including also the amount of that interest;
8) description of property and its value, which should be collected in the event of non-existence of any property, if the award is made in respect of transfer of goods in kind;
9) by whom, what actions and within what time period they should be performed, if the award imposes an obligation to perform certain actions;
10) which part of the award applies to each of the Claimants, if the award is made for the benefit of several Claimants, or whether part of the award shall be executed by each Respondent, if the award is made against several Respondents;
11) the arbitration expenses and their distribution between the parties;
12) the expenses of the parties for legal assistance in the case, if any, as well as their distribution between the parties;
13) other information as deemed necessary by the Arbitral Tribunal.
47. Correction and Explanation of the Award. Making an Additional Award.
The Arbitral Tribunal, upon its own initiative or upon an application of a party, may correct clerical and mathematical calculation errors in the award. Such errors may be corrected without the participation of the parties.
Unless the parties have not agreed otherwise, a party, by notifying the other party, within 30 days from the date of dispatch or receipt of the copy of the award (if it is handed over to the party personally) may request the Arbitral Tribunal to explain the award without changing its substance. The explanation of the award shall become an integral part of the award as of the date of making.
Unless the parties have agreed otherwise, a party, by notifying the other party, within 30 days from the date of dispatch or receipt of the copy of the award (if it is handed over to the party personally), may request the Arbitral Tribunal to make an additional award, if some of the declared claims have not been resolved for which evidence had been submitted and on which the parties had provided explanations. If the Arbitral Tribunal considers the request reasonable, it shall make the additional award.
The Arbitral Tribunal, not later than 15 days before, notifies the parties on the session of the Arbitral Tribunal, in which the issue on the correction, explanation of the award or making of the additional award will be resolved. If due to the correction of the award its operative part may change, but the essence of the award does not change, the Arbitral Tribunal shall invite the parties to express their opinion. The failure of the parties to appear is not an impediment to correct or explain the award, or to make the additional award. The Arbitral Tribunal shall make the additional award in accordance with Article 54 of the Arbitration Law.
48. Procedure of Certification of the Arbitrators’ Signatures.
The arbitrators’ signatures on the resolutions of the Arbitration Court shall be certified by the seal of the Arbitration Court.
49. Termination of the Arbitral Proceedings.
The Arbitral Tribunal shall adopt a decision on termination of the Arbitral Proceedings if:
1) the Claimant has withdrawn its claim;
2) the parties have agreed upon the amicable settlement;
3) the Arbitration Agreement loses force in such a manner as set forth by the law or agreement;
4) it acknowledges that the civil dispute is not within the jurisdiction of the Arbitration Court;
5) the natural person who is one of the parties has deceased or the legal person which is one of the parties has stopped existing and the legal relationship does not allow legal succession, or the parties have agreed that the arbitration proceeding shall be terminated in this case.
Provided the arbitral proceedings are terminated due to the
above mentioned reasons 1 and 2, a repeated plea to the Arbitration Court or
recourse to a district (city) court to decide the dispute
between the same parties for the same subject and for the same reason is
Provided the arbitral proceedings are terminated due to the above mentioned reasons 3, 4 and 5 the statement of claim may be submitted to a district (city) court.
50. Execution of the Award.
The award of the Arbitral Tribunal is binding upon the parties and shall be performed voluntarily within the time period set forth in it. The time period for voluntary performance of the award shall be not shorter than 10 days.
Provided the award of the Arbitral Tribunal is to be executed in Latvia, but is not executed voluntarily, the interested party is entitled to apply to a district (city) court with an application to issue a writ of execution for compulsory execution of the arbitration court award.
On the request of a district (city) court the Arbitration Court
shall issue the information claimed by the district (city) court, which is
necessary for passing the resolution to receive a writ of execution for
compulsory execution of the arbitration court award.
The award of the Arbitral Tribunal, which is to be executed outside Latvia, shall be prosecuted to execution in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards done in New York, on 10 June 1958.
51. Storage of the Documents of the Process.
The documents of arbitral proceedings shall remain in storage in the Arbitration Court for 10 (ten) years after completion of the arbitration. The Arbitration Court shall maintain the documents according to the procedure of archival storage of documents set forth by the laws and regulations.
After the term of storage of the documents of the process has expired, the documents shall be destroyed in accordance with laws and regulations of the Republic of Latvia.
Supplement No. 1 to the Regulations of the International Arbitration Court.
List of Arbitrators
(The arbitrators review disputes both singly and as a member of the Arbitral Tribunal).
1. Ieva Ramiňa, sworn advocate, Zirgu ielâ 3, Rîga LV-1050, tel. 67228980.
2. Osvalds Svilâns, sworn advocate, Blaumaňa ielâ 21-1, Rîgâ, LV-1011, tel.67289941.
3. Guna Varslavâne, sworn advocate, Miera ielâ 5, Rîgâ, LV-1001, tel. 67372321.
4. Dagnija Graudiňa, sworn advocate, Stabu ielâ 18, Rîgâ, LV-1011, tel. 67272321.
5. Edijs Blaus, sworn advocate, Stabu ielâ 58, Rîgâ, LV-1011, tel. 29209433.
6. Juris Močuďskis, sworn advocate, Vaďňu ielâ 47, Rîgâ, LV-1050, tel. 67214590.
7. Mârîte Girne, sworn advocate, Salaspils ielâ 18/4, Rîgâ, tel. 67223311.
8. Kaija Balode, lawyer, tel. 29223123.
9. Gunta Gintere, sworn advocate, Lâčplçđa ielâ 6-19, Sigulda, LV-2150, Rîga, tel. 67243946, 29507700.
10. Ineta Malahovska, lawyer LLC “Law office “RESPONDERE” ”, Kr. Valdemâra ielâ 33-7, Rîga LV-1010, tel. 67078349.
11. Inta Blaua, lawyer, stock company “Latvian State Forests”, tel. 28633323.
12. Jolanta Dinsberga, lecturer of Riga Stradins University, the Economic and Cultural University, Business management College, Albert College, head of the Legal Department of the LLC “Law Office “EIF”” , tel. 29468843.
*The list of arbitrators may be supplemented and changed.
Supplement No. 2 to the Regulations of the International Arbitration Court
SUM IN DISPUTE ADMINISTRATIVE ARBITRATOR’S
Up to 1,500 EUR 15% of the sum, but not less 90 EUR 70 EUR
than 70.00 EUR.
From 1,500 EUR up to 200 EUR + 2% of the sum 150 EUR 100 EUR 7,000 EUR that exceeds 1,500 EUR
From 7,000 EUR up to 350 EUR + 1.5% of the 200 EUR 150 EUR 30,000 EUR sum that exceeds 7000 EUR
From 30,000 EUR up 650 EUR + 1% of the sum 500 EUR 300 EUR 140,000 EUR that exceeds 30,000 EUR
From 140,000 EUR 1,800 EUR + 0,25% of the 850 EUR 500 EUR up to 700,000 EUR sum that exceeds 140,000 EUR
From 700,000 EUR 3,200 EUR + 0.1% of the sum 1,300 EUR 700 EUR up to 1,450,000 EUR that exceeds 700,000 EUR
Over 1,450,000 EUR 4,000 EUR + 0,05% of the 2,100 EUR 1,000 EUR sum that exceeds 1,450,000 EUR.
Non-property claim 200 EUR 200 EUR 150 EUR
*The party that wishes that the session of the Arbitral Tribunal be recorded shall pay to the Arbitration Court the reimbursement for services of the secretary of the amount of 70 EUR. If the session of the Arbitral Tribunal lasts longer than one hour the reimbursement for services of the secretary shall be established on the basis of the rate of 21 EUR per hour, which is to be paid to the Arbitration Court in addition.
*Reimbursement for the services of the interpreter and expert, as well as the costs of expertise are fixed by the Arbitral Tribunal.
*The party which wishes that witnesses or experts be summoned to the session shall pay to the Arbitration Court reimbursement of 4.50 EUR for each witness and 15 EUR for each expert.
*The reimbursement for each photocopy or copy of the document certified by the arbitrator shall be paid to the Arbitration court at the amount of 0.70 EUR per page.
*Travel and accommodation expenses of the arbitrator shall be determined on the grounds of an account and other supporting documents submitted by the arbitrator.
*The party that wishes to receive an additional copy of the written award shall pay to the Arbitration Court reimbursement of the amount of 7 EUR for each additional copy.
v The arbitration costs shall be paid to the Association “RESPONDERE”, unified registration number 5000823481, into account
No. LV 59HABA0551040155985
v Address of the International Arbitration Court : Kr. Valdemâra iela 33 – 7, Rîga, LV- 1010, tel. +37129404540.
Supplement No. 3 to the Regulations
of the International Arbitration Court
Sample of the Arbitration Clause (*):
All disputes, differences or claims arising out of or in connection with the present agreement, which concerns it or an infringement of it, suspension or invalidity, shall be finally settled at the International Arbitration Court at Kr. Valdemâra ielâ 33 – 7, Rîgâ, in accordance with its Arbitration Rules.
The parties may supplement the Arbitration Clause adding to it
1) the number of arbitrators ___________(one or three);
2) the language of arbitration ___________;
3) the place of arbitration ______________.
(*) The sample text of the Arbitration Clause has recommendatory nature.