1. The Status of the Arbitration
1.1. The Arbitration of Latvian Chamber of Commerce and
Industry (hereinafter called the Arbitration) is an administered
arbitration. The Arbitration is founded by the Latvian Chamber of
Commerce and Industry according to international practice and
customs of arbitration as an alternative dispute resolution
method.
2. Application of UNCITRAL Arbitration Rules, Board of the
Arbitration and Appointing Authority
2.1. The tribunal of the Arbitration shall be composed and
disputes shall be settled in accordance with the UNCITRAL
Arbitration Rules that has been approved by General Assembly of
United Nations in December 15, 1976 with resolution 31\98.
2.2. UNCITRAL Arbitration Rules shall be applied according
these Regulations.
2.3. The functions of Hague General Secretary stated in
UNCITRAL Arbitration Rules shall be executed by the Board of the
Arbitration.
2.4. The Arbitration shall entertain commercial disputes and
other disputes which are not subject to the compulsory jurisdiction
of state courts. If parties has agreed on settlement of disputes in
the Arbitration, they have agreed on application of the
Regulations, UNCITRAL Arbitration Rules, and the Board of the
Arbitration as Appointing Authority, if arbitration close or
arbitration agreement of the parties do not stipulate
otherwise.
2.5. The Arbitration shall be administered by the Board of
three members appointed by the Presidium of the Latvian Chamber of
Commerce and Industry for a period of two years. The Chairman of
the Board shall be elected by its members. Members of the Board
must be practising lawyers who are specialised in the business law.
A member of the Board can be removed if he/she is not able to
fulfil his/her duties for long time or does not fulfil them.
2.6. Meetings of the Board shall take place not less once a
month.
2.7. When the Board has to appoint an arbitrator or head of
the arbitration tribunal, appointment shall be done taking into
consideration professional qualities and experience of candidates
in connection with each particular case.
2.8. Appointing an arbitrator or head of the arbitration
tribunal, the Board shall follow the Regulations and its
opinion.
3. Commencement of case and its organisation
3.1. Office-work of the case shall be organised by the
secretary of arbitration and his deputy that have been appointed by
the Board of Latvian Chamber of Commerce and Industry (LCCI) from
employees of LCCI Administration.
3.2. Conduction of the case starts when respondent has
received notice of arbitration according to Article 2 of UNCITRAL
Arbitration Rules. Office-work shall be provided from the moment
when claimant or parties has paid arbitration fee and arbitrators
fee to the account indicated by LCCI according to the rates of
present regulations.
4. Office-work services
4.1. The Arbitration provides for correspondence among the
parties and candidates of arbitrators to the moment of composure of
arbitration tribunal that has been completed on the moment when
arbitrators has issued signed declarations of independence.
4.2. The Arbitration provides space for conduction of the
case, organises taking of records and translation, as well as other
services connected with conduction and examination of case
according to the Articles 4.3.1.-4.6.1. of present
Regulations.
4.3. Organisation of correspondence among parties and
arbitrators
4.3.1. It is possible to direct all written and oral
communications among parties and arbitrators through secretary of
the Arbitration, if the parties has reached such consent or
arbitrators has made such order.
4.3.2. For the purpose of communication, the Arbitration will
use an address that has been stated on the notice of arbitration or
any other address stated to the Arbitration by the parties in
writing.
4.4. Conduction of the case
4.4.1. On the request, the Arbitration will assist arbitrators
in order to determine the time and place of examination, and to
notice parties on the above according to UNCITRAL Arbitration Rules
(Article 25, Part 1).
4.5. Place of arbitration
4.5.1. The arbitration provides the place that belongs to LCCI
free of charge and in the case of necessity, on the request of
arbitration tribunal and expense of the parties will rent
appropriate space. Payment for rented space does not include in
arbitration fee on organisation and shall be paid to an account
indicated by LCCI.
4.6. Taking records and interpreting
4.6.1. On the particular request of arbitration tribunal the
Arbitration shall organise taking records and interpreting. Payment
for taking records and interpreting is not included in an
arbitration fee for organisation of case and shall be paid to an
account indicated by LCCI.
5. Arbitration fee, arbitrators fee and other expenses of
arbitration process
5.1. Arbitration costs and other expenses of arbitration
process and order of payment shall be done according these
Regulations and UNCITRAL Arbitration Rules.
5.2. Arbitration fee is payment for organisation of the case
and does not include fee of arbitrators. Arbitration fee is expense
of arbitration process according to UNCITRAL Arbitration Rules
(Article 38, (c), (f)).
5.3. Other expenses of arbitration shall be payment for expert
job, arbitrators, witnesses and experts transportation expenses,
arbitrators fees and other expenses stated in Article 38 of
UNCITRAL Arbitration Rules.
5.4. In the process of making an award, arbitrators shall
follow principles stated in UNCITRAL Arbitration Rules (Articles 38
to 40), but rate of arbitration fee rate of arbitrators fee shall
not overcome rates mentioned in present Regulations.
5.5. If a claim does not stipulate particular sum, the Board
of the Arbitration, taking into consideration circumstances of the
case, shall determine rates of arbitration fee and arbitrators
fee.
5.6. Rates of arbitration fee and arbitrators fee shall be
determined according on amount of the claim in lats (LVL).
Particular amounts to arbitration shall be calculated in LVL as per
payment rate by Latvian Bank on the day of transaction.
5.7. If the case has been looked through, but parties has
reached mutual agreement or claimant does not maintain a claim
before arbitration tribunal shall held it first session, the Board
of the Arbitration determines rate of arbitration fee that is not
less than LVL 250 and arbitrators fees according to the time
spent.
5.8. Rates of Arbitration fee.
Claim amount in lats (LVL)
|
Arbitration fee in lats (LVL)
|
up to the 12 500
|
500
|
upwards of 12 500 up to 25 000
|
3%
|
25 000--50 000
|
750 + 2% of the amount exceeding 25 000
|
50 000--250 000
|
1250 + 1,5% of the amount exceeding 50 000
|
250 000--500 000
|
3650 + 1,2% of the amount exceeding 250 000
|
500 000--1 000 000
|
6150 + 1,0% of the amount exceeding 500 000
|
1 000 000--2 500 000
|
8650 + 0,5% of the amount exceeding 1 000 000
|
over 2 500 000
|
9400 + 0,05% of the amount exceeding 2 500 000
|
5.9. Arbitrators fee.
Claim amount in lats (LVL)
|
Arbitrators fee in lats (LVL)
|
up to 5 000
|
250
|
upwards of 5 000 up to 25 000
|
375
|
25 000 -- 50 000
|
500
|
50 000 -- 250 000
|
1000
|
250 000 -- 500 000
|
2000
|
500 000 -- 1 000 000
|
3500
|
1 000 000 -- 2 500 000
|
5000
|
over 2 500 000
|
6000
|
5.10. On request of a party to appoint an arbitrator,
determine amount of arbitrators fee or request, and case will not
be tried at the Arbitration, the party making such a request shall
pay to the Arbitration an arbitration fee of LVL 250.
6. Suspension of the case for non-payment
6.1. If arbitration fee or other arbitration expenses is not
paid in full, arbitrator shall inform parties, giving an
opportunity to do these payments. If payment is not done,
arbitrator may suspend or cancel proceedings. If an arbitrator is
not appointed, the case may be suspended by the Board of the
Arbitration.