General Provisions
The St. Petersburg International Commercial Arbitration Court
("SPICAC") is an independent permanent commercial arbitration court
established by the Saint-Petersburg Foundation for Protection of
Investments ("SPFPI") with the assistance of the Mayor's Office of
Saint-Petersburg.
SPICAC shall resolve economic disputes in accordance with
applicable legislation, international agreements and international
practice. These Rules are based on the Law of the Russian
Federation "On International Commercial Arbitration" and the
Arbitration Rules of the United Nations Commission on International
Trade Law (UNCITRAL).
The "competent body" of SPICAC authorized to represent SPICAC
and carry out executory actions pursuant to these Rules shall be
the President of SPICAC or his deputy, or in absence, the Executive
Director of SPFPI or his deputy.
Section I
Introductory Provisions
Article 1
Scope of Application
1. Where the parties to a contract have agreed in writing that
disputes in relation to that contract shall be referred to SPICAC
for consideration, then such disputes shall be settled in
accordance with these Rules subject to such modifications as the
parties may agree in writing. Such arbitration agreement may be
concluded in the form of an arbitration clause in a contract or in
the form of a separate agreement.
The agreement shall be deemed concluded in writing if it is
contained in a document signed by the parties or concluded by means
of exchange of letters, teletype or telegraph messages, or other
means of electronic communication which provide a record of the
agreement, or by means of exchange of statements of claim and
defence in which the existence of an agreement is alleged by one
party and not denied by another. A reference in a contract to a
document containing an arbitration clause constitutes an
arbitration -agreement provided that the contract is in writing and
the reference is such as to make that clause part of the
contract.
2. These Rules shall govern the arbitration proceedings,
except that where any of these Rules is in conflict with a
provision of the law applicable to the arbitration from which the
parties cannot deviate, that provision shall prevail.
3. By agreement between the parties SPICAC may hear: disputes
concerning contractual and other civil law relations, arising out
of foreign trade and other types of international economic
activity, if the commercial enterprise of at least one of the
parties is located abroad; disputes of organizations with foreign
investment and international associations and organizations
established on the territory of the Russian Federation between
themselves, disputes between their participants, as well as their
disputes with other subjects of the law of the Russian Federation;
other economic disputes which under Russian legislation may be
heard by an arbitration court
1.
4. For purposes of paragraph 3 of this article :
- if a party has more than one commercial enterprise, the
commercial enterprise shall be considered the one which has the
closest relationship to the arbitration agreement ;
- if a party has no commercial enterprise, its permanent place
of residence is taken into account.
Article 2
Notice, Calculation of Periods of Time
1. For the purposes of these Rules, any notice, including a
notification, communication or proposal, is deemed to have been
received if it is physically delivered to the addressee or if it is
delivered at his habitual residence, the commercial enterprise's
location or the addressee's mailing address, or, if none of these
can be found after making reasonable inquiry, then at the
addressee's last-known residence or the commercial enterprise.
Notice shall be deemed to have been received on the day it is so
delivered.
2. For purposes of calculating a period of time under these
Rules, such period shall commence on the day following the day when
a notice, notification, communication or proposal is received. If
the last day of such period is an official holiday or non-business
day at the residence or the commercial enterprise's location of the
addressee, the period is extended until the first business day
which follows. Official holidays or non-business days occurring
during the running of the period of time are not excluded in the
calculation thereof.
Article 3
Notice of Arbitration
1. The party initiating recourse to arbitration (hereinafter
called the "claimant") shall give to other party (hereinafter
called the "respondent") and to SPICAC a notice of
arbitration.
2. Arbitral proceedings shall be deemed to commence on the
date on which the notice of arbitration is received by the
respondent.
3. The notice of arbitration shall include the
following:
(a) A demand that the dispute be referred to
arbitration;
(b) The names and addresses of the parties;
(c) A reference to the arbitration clause or the separate
arbitration agreement that is invoked;
(d) A reference to the contract out of or in relation to which
the dispute arises;
(e) The general description of the nature of the claim and an
indication of the amount involved, if any;
(f) A relief or remedy sought;
(g) A proposal as to the number of arbitrator (i.e. one or
three), if the parties have not previously agreed thereon.
4. The notice of arbitration may also include:
(a) The proposal for the appointment of a sole arbitrator
referred to in article 6, paragraph 1;
(b) The notification of the appointment of a sole arbitrator
referred to in article 7;
(c) The statement of claim referred to in article 18.
5. Simultaneously with sending of the notice of arbitration
the respondent shall pay to SPICAC the registration fees in
accordance with the current Regulation on Arbitral Costs of
SPICAC.
6. If after receiving the notice of arbitration it is obvious
that such dispute is not within the competence of SPICAC, SPICAC
shall stop the arbitral proceeding.
7. In the event one of the parties to the arbitration
agreement brings an action to a court, the arbitration may
nevertheless be commenced or continued and an arbitration award may
be made, while the issue of jurisdiction is pending before the
court.
Article 4
Representation and Assistance
The parties may be represented or assisted by persons of their
choice. The names and addresses of such persons must be
communicated in writing to the other party; such communication must
specify whether the appointment is being made for purposes of
representation or assistance.
Section II
Composition of the Arbitral Tribunal
Article 5
Number of Arbitrators
If the parties have not previously agreed on the number of
arbitrators (i.e. one or three), and if within 15 days after the
receipt by the respondent of the notice of arbitration the parties
have not agreed that there shall be only one arbitrator, three
arbitrators shall be appointed.
Appointment of Arbitrators (Articles 6 - 8)
Article 6
Appointment of a Sole Arbitrator
1. If a sole arbitrator is to be appointed, either party may
propose to the other the names of one or more persons, one of whom
would serve as the sole arbitrator.
2. If within 30 days after receipt by a party of a proposal
made in accordance with paragraph 1, the parties have not reached
agreement on the choice of a sole arbitrator, the sole arbitrator
shall be appointed by the competent body of SPICAC. If within 45
days after submitting of the statement of claim neither of the
parties has proposed a nominee for the sole arbitrator, the sole
arbitrator shall be appointed by the competent body of
SPICAC.
3. The competent body of SPICAC shall, at the request of one
of the parties, appoint the sole arbitrator as promptly as
possible. In making the appointment the competent body of SPICAC
shall use the following list-procedure, unless both parties agree
that the list-procedure should not be used or unless SPICAC
determines in its discretion that the use of the list-procedure is
not appropriate for the case:
(a) At the request of one of the parties SPICAC shall
communicate to both parties an identical list containing at least
three names;
(b) Within 15 days after the receipt of this list, each party
may return the list to SPICAC after having deleted the name or
names to which it objects and numbered the remaining names on the
list in the order of its preference;
(c) After the expiration of the above period of time SPICAC
shall appoint the sole arbitrator from among the names approved on
the lists returned to it and in accordance with the order of
preference indicated by the parties;
(d) If for any reason the appointment cannot be made according
to this procedure, the competent body of SPICAC may exercise its
discretion in appointing the sole arbitrator.
4. In making the appointment, the competent body of SPICAC
shall have regard to such considerations as are likely to secure
the appointment of an independent and impartial arbitrator and
shall take into account as well the advisability of appointing an
arbitrator of a nationality other than the nationalities of the
parties.
Article 7
Appointment of Three Arbitrators
1. If three arbitrators are to be appointed, each party shall
appoint one arbitrator. The two arbitrators thus appointed shall
choose the third arbitrator who will act as the presiding
arbitrator of the tribunal.
2. If within 30 days after the receipt of a party's
notification of the appointment of an arbitrator the other party
has not notified the first party of the arbitrator he has
appointed, the first party may request the competent body of SPICAC
to appoint the second arbitrator.
3. If within 30 days after the appointment of the second
arbitrator the two arbitrators have not agreed on the choice of the
presiding arbitrator, the presiding arbitrator shall be appointed
by the competent body of SPICAC under the same procedure as the one
applied for the appointment of a sole arbitrator under article
6.
Article 8
Information Necessary for Appointment of the Arbitrators
1. When the competent body of SPICAC is requested to appoint
an arbitrator pursuant to article 6 or article 7, the party which
makes the request shall send to the competent body a copy of the
notice of arbitration, a copy of the contract out of or in relation
to which the dispute has arisen and a copy of the arbitration
agreement if it is not contained in the contract. The competent
body may require from either party such information as it deems
necessary to fulfil its function.
2. Where the names of one or more persons are proposed for
appointment as arbitrators, their full names, addresses and
nationalities shall be indicated, together with a description of
their qualifications.
3. SPICAC shall maintain a list of arbitrators from which the
competent body may appoint an arbitrator in accordance with these
Rules. The competent body may also appoint as arbitrators persons
not on such list.
Article 9
Notification of the Parties of the Grounds for Challenge
A prospective arbitrator shall disclose to those who approach
him in connection with his possible appointment any circumstances
likely to give rise to justifiable doubts as to his impartiality or
independence. An arbitrator, from the time of his appointment and
throughout the arbitral proceedings, shall without delay disclose
any such circumstances to the parties unless they have already been
informed by him of these circumstances.
Article 10
Grounds for Challenge
1. Any arbitrator may be challenged if circumstances exist
that give rise to justifiable doubts as to the arbitrator's
impartiality or independence, or if he does not possess any
qualifications agreed to by the parties.
2. A party may challenge the arbitrator appointed by it only
for reasons of which it becomes aware after the appointment has
been made.
Article 11
Challenge Procedure
1. A party who intends to challenge an arbitrator shall send
notice of his challenge within 15 days after the appointment of the
challenged arbitrator has been notifiedto the challenging party or
within 15 days after the circumstances mentioned in article 9 and
10 became known to that party.
2. The challenge shall be notified to the other party, to the
arbitrator who is challenged and to the other members of the
arbitral tribunal. The notification shall be in writing and shall
state the reasons for the challenge.
3. When an arbitrator has been challenged by one party, the
other party may agree to the challenge. The arbitrator may also,
after the challenge, withdraw from his office. In neither case does
this imply acceptance of the validity ofthe grounds for the
challenge. In both cases the procedure provided in article 6 or 7
shall be used in full for the appointment of the substitute
arbitrator, even if during the process of appointing the challenged
arbitrator a party had failed to exercise its right to appoint or
to participate in the appointment.
Article 12
Consequences of Rejection and Sustainment of a Challenge
1. If the other party does not agree to the challenge and the
challenged arbitrator does not withdraw, the decision on the
challenge will be made by the competent body of SPICAC.
2. If the competent body sustains the challenge, a substitute
arbitrator shall be appointed or chosen pursuant to the procedure
applicable to the appointment or choice of an arbitrator as
provided in articles 6 to 9.
Article 13
Replacement of an Arbitrator
1. In the event of the death or resignation of an arbitrator
during the course of the arbitral proceedings, a substitute
arbitrator shall be appointed or chosen pursuant to the procedure
provided for in articles 6 to 9 that was applicable to the
appointment or choice of the arbitrator being replaced.
2. In the event that an arbitrator fails to act or in the
event of the de jure or de facto impossibility of his performing
his functions, the procedure in respect of the challenge and
replacement of an arbitrator as provided in the preceding articles
shall apply.
Article 14
Repetition of Hearing in the event of the Replacement of an
Arbitrator
If under articles 11 to 13 the sole or presiding arbitrator is
replaced, any hearings held previously shall be repeated; if any
other arbitrator is replaced, such prior hearings may be repeated
at the discretion of the arbitral tribunal.
Section III
Arbitral Proceedings
Article 15
General Provisions
1. Subject to these Rules, the arbitral tribunal may conduct
the arbitration in such manner as it considers appropriate,
provided that the parties are treated with equality and that at any
stage of the proceedings each party is given a full opportunity of
presenting his case.
2. If either party so requests at any stage of the
proceedings, the arbitral tribunal shall hold hearings for the
presentation of evidence by witness, including expert witnesses, or
for oral argument. In the absence of such a request, the arbitral
tribunal shall decide whether to hold such hearings or whether the
proceedings shall be conducted on the basis of documents and other
materials.
3. All documents or information supplied to the arbitral
tribunal by one party shall at the same time be communicated by
that party to the other party.
Article 16
Place of Arbitration
1. Unless the parties have agreed upon the place where the
arbitration is to be held, such place shall be determined by the
arbitral tribunal, having regard to the circumstances of the
arbitration, including the convenience of the parties.
2. The arbitral tribunal may determine the place of the
arbitration within the country or the city agreed upon by the
parties. It may hear witnesses and hold meetings for consultation
among its members at any place it deems appropriate, having regard
to the circumstances of the arbitration.
3. The arbitral tribunal may meet at any place it deems
appropriate for the inspection of goods, other property or
documents. The parties shall be given sufficient notice to enable
them to be present at such inspection.
4. The award shall be made at the place of arbitration.
Article 17
Language
1. Subject to an agreement by the parties, the arbitral
tribunal shall, promptly after its appointment, determine the
language or languages to be used in the proceedings. This
determination shall apply to the statement of claim, the statement
of defence, and any further written statements and, if oral
hearings take place, to the language or languages to be used in
such hearings.
2. The arbitral tribunal may order that any documents annexed
to the statement of claim or statement of defence, and any
supplementary documents or exhibits submitted in the course of the
proceedings, delivered in their original language, shall be
accompanied by a into the language or languages agreed upon by the
parties or determined by the arbitral tribunal.
Article 18
Statement of Claim
1. Unless the statement of claim was contained in the notice
of arbitration, within a period of time to be determined by the
arbitral tribunal, the claimant shall communicate his statement of
claim in writing to the respondent and to each of the arbitrators.
A copy of the contract, and of the arbitration agreement if not
contained in the contract, shall be annexed thereto.
2. The statement of claim shall include the following
particulars:
(a) The names and addresses of the parties;
(b) A statement of the facts supporting the claim;
(c) The points at issue;
(d) The relief or remedy sought.
The claimant may annex to his statement of claim all documents
he deems relevant or may add a reference to the documents or other
evidence he will submit.
Article 19
Statement of Defence
1. Within a period of time to be determined by the arbitral
tribunal, the respondent shall communicate his statement of defence
in writing to the claimant and to each of the arbitrators.
2. The statement of defence shall reply to the particulars
(b), (c) and (d) of the statement of claim (article 18, para.2).
The respondent may annex to his statement the documents on which he
relies for his defence or may add a reference to the documents or
other evidence he will submit.
3. In his statement of defence, or at a later stage in the
arbitral proceedings if the arbitral tribunal decides that the
delay was justified under the circumstances, the respondent may
make a counter-claim arising out of the same contract or rely on a
claim arising out of the same contract for the purpose of a
set-off.
4. The provisions of article 18, paragraph 2, shall apply to a
counter-claim and a claim relied on for the purpose of a
set-off.
Article 20
Amendments to the Claim or Defence
During the course of the arbitral proceedings either party may
amend or supplement its claim or defence unless the arbitral
tribunal considers it inappropriate to allow such amendment having
regard to the delay in making it or prejudice to the other party or
any other circumstances. However, a claim may not be amended in
such a manner that the amended claim falls outside the scope of the
arbitration clause or separate arbitration agreement.
Article 21
Pleas as to the Jurisdiction of the Arbitral Tribunal
1. The arbitral tribunal may rule on its own jurisdiction,
including any objections with respect to the existence or validity
of the arbitration agreement. For such purpose, an arbitration
clause which forms part of a contract shall be treated as an
agreement independent of the other terms of the contract. A
decision by the arbitral tribunal that the contract is null and
void shall not entail ipso jure the invalidity of the arbitration
clause.
2. A plea that the arbitral tribunal does not have
jurisdiction shall be raised not later than in the statement of
defence or, with respect to a counter-claim, in the reply to the
counter-claim. A party is not precluded from raising such a plea by
the fact that he has appointed, or participated in the appointment
of, an arbitrator. A plea that the arbitral tribunal is exceeding
the scope of its authority shall be raised as soon as the matter
alleged by a party to be beyond the scope of its authority is
raised during the arbitral proceedings. The tribunal may, in any of
these cases, admit a later plea if it considers the delay
justified.
3. The arbitral tribunal may rule on a plea referred to in
paragraph 2 of this article either as a preliminary question or in
an award on the merits. If the arbitral tribunal rules as a
preliminary question that it has jurisdiction, any party may
request, within 30 days after having received notice of such
ruling, a court of the subject of the Russian Federation located at
the place of the arbitration to decide the matter, which decision
shall not be subject to appeal. While such a request is pending,
the arbitral tribunal may continue the arbitral proceedings and
make an arbitral award.
Article 22
Further Written Statements
The arbitral tribunal shall decide which further written
statements, in addition to the statement of claim and the statement
of defence, shall be required from the parties or may be presented
by them and shall fix the periods of time for communicating such
statements.
Article 23
Periods of Time
The periods of time fixed by the arbitral tribunal for the
communication of written statements (including the statement of
claim and statement of defence) shall not exceed 45 days. However,
the arbitral tribunal may extend the time limits if it concludes
that an extension is justified.
Article 24
Evidence
1. Each party shall have the burden of proving the facts
relied on to support his claim or defence.
2. The arbitral tribunal may, if it considers it appropriate,
require a party to deliver to the tribunal and to the other party,
within such a period of time as the arbitral tribunal shall decide,
a summary of the documents and other evidence which that party
intends to present in support of the facts in issue set out in his
statement of claim or statement of defence.
3. At any time during the arbitral proceedings the arbitral
tribunal may require the parties to produce documents, exhibits or
other evidence within such a period of time as the tribunal shall
determine.
4. The arbitral tribunal or a party with the approval of the
arbitral tribunal may request from a competent court of the Russian
Federation assistance in taking evidence. The court may execute the
request according to the rules on taking evidence and securing
court orders.
Article 25
Hearings
1. In the event of an oral hearing, the arbitral tribunal
shall give the parties adequate notice of the date, time and place
thereof.
2. If witnesses are to be heard, at least fifteen days before
the hearing each party shall communicate to the arbitral tribunal
and to the other party the names and addresses of the witnesses he
intends to present, the subject upon and the languages in which the
witnesses will give their testimony.
3. The arbitral tribunal shall make arrangements for the
translation of oral statements made during the proceedings and for
a record of the hearing if either is deemed necessary by the
tribunal under the circumstances of the case, or if the parties
have agreed thereto and have such agreement to the tribunal at
least fifteen days before the hearing.
4. Hearings shall be held in camera unless the parties agree
otherwise. During the testimony of witnesses the arbitral tribunal
may require the retirement of other witnesses. The arbitral
tribunal is free to determine the manner in which witnesses are
examined.
5. Evidence of witnesses may also be presented in the form of
written statements signed by them.
6. The arbitral tribunal shall determine the admissibility,
relevance, materiality and weight of the evidence offered.
Article 26
Interim Measures of Protection
1. At the request of either party, the arbitral tribunal may
take any interim measures it deems necessary in respect of the
subject-matter of the dispute, including measures for the
conservation of the goods forming the subject-matter in dispute,
such as ordering their deposit with a third person or the sale of
perishable goods.
2. Such interim measures may be established in the form of an
interim award. The arbitral tribunal shall be entitled to require
security for the costs of such measures.
3. A request for interim measures addressed by any party to a
judicial authority and said authority's judgment on the application
of such measures shall not be deemed incompatible with the
agreement to arbitrate, or as a waiver of that agreement.
Article 27
Experts
1. The arbitral tribunal may appoint one or more experts to
report to it, in writing on specific issues to be determined by the
tribunal. A copy of the expert's terms of reference, established by
the arbitral tribunal, shall be communicated to the parties.
2. The parties shall give the expert any relevant information
or produce for his inspection any relevant documents or goods that
he may require of them. Any dispute between a party and such expert
as to the relevance of the required information or production shall
be referred to the arbitral tribunal for decision.
3. Upon receipt of the expert's report, the arbitral tribunal
shall communicate a copy of the report to the parties who shall be
given the opportunity to express, in writing, their opinion on the
report. A party shall be entitled to examine any document on which
the expert has relied in his report.
4. At the request of either party the expert, after delivery
of the report, may be heard at a hearing where the parties shall
have the opportunity to be present and to interrogate the expert.
At this hearing either party may present expert witnesses in order
to testify on the points at issue. The provisions of article 25
shall be applied to such proceedings.
Article 28
Default
1. If, within the period of time fixed by the arbitral
tribunal, the claimant has failed to communicate his claim without
showing sufficient cause for such failure, the arbitral tribunal
shall issue an order for the termination of the arbitral
proceedings. If, within the period of time fixed by the arbitral
tribunal, the respondent has failed to communicate his statement of
defence, the arbitral tribunal shall order that the proceedings
continue.
2. If one of the parties, duly notified under these Rules,
fails to appear at a hearing, without showing sufficient cause for
such failure, the arbitral tribunal may proceed with the
arbitration.
3. If one of the parties, duly invited to produce documentary
evidence, fails to do so within the established period of time,
without showing sufficient cause for such failure, the arbitral
tribunal may make the award on the evidence before it.
Article 29
Closure of Hearings
1. The arbitral tribunal may inquire of the parties if they
have any further proof to offer or witnesses to be heard or
submissions to make and, if there are none, it may declare the
hearings closed.
2. The arbitral tribunal may, if it considers it necessary
owing to exceptional circumstances, decide, on its own motion or
upon application of a party, to reopen the hearings at any time
before the award is made.
Article 30
Waiver of Rules
A party who knows that any provision of, or requirement under,
these Rules has not been complied with and yet proceeds with the
arbitration without promptly stating his objection to such
non-compliance, shall be deemed to have waived his right to
object.
Section IV
The Award
Article 31
Rendering of Decision by Panel of Arbitrators
1. When there are three arbitrators, any award or other
decision of the arbitral tribunal shall be made by a majority of
the arbitrators.
2. In the case of questions of procedure, when there is no
majority or when the arbitral tribunal so authorizes,the presiding
arbitrator may decide on his own, object to revision, if any, by
the arbitral tribunal.
Article 32
Form and Effect of the Award
1. In addition to making a final award, the arbitral tribunal
shall be entitled to make interim, interlocutory, or partial
awards.
2. The award shall be made in writing and shall be final and
binding on the parties. The parties undertake to carry out the
award without delay.
3. The arbitral award shall state the reasons upon which the
award is based, conclude whether the claimant's demands shall be
satisfied or rejected, and state the amount of the arbitration fees
and costs of the proceedings and their apportionment between the
parties.
4. An award shall be signed by the arbitrators and it shall
contain the date on which and the place where the award was made.
Where there are three arbitrators and one of them fails to sign,
the award shall state the reason for the absence of the
signature.
5. The award may be made public only with the consent of both
parties.
6. Copies of the award signed by the arbitrators shall be
communicated by the arbitration tribunal to the parties and to the
secretary of SPICAC.
Article 33
Applicable Law, Amiable Compositeur
1. The arbitral tribunal shall apply the law designated by the
parties as applicable to the substance of the dispute. Any
designation of the law or legal system of a given state shall be
construed, unless otherwise expressed in the arbitration agreement,
as directly referring to the substantive law of that State and not
to its conflict of laws rules. Failing such designation by the
parties, the arbitral tribunal shall apply the law determined by
the conflict of laws rules which it considers applicable.
2. The arbitral tribunal shall decide as amiable compositeur
or ex aequo et bono only if the parties have expressly authorized
the arbitral tribunal to do so and if the law applicable to the
arbitral procedure permits such arbitration.
3. In all cases, the arbitral tribunal shall decide in
accordance with the terms of the contract and shall take into
account the usages of the trade applicable to the
transaction.
Article 34
Settlement or Other Grounds for Termination
1. If, before the award is made, the parties agree on
asettlement of the dispute, the arbitral tribunal shall either
issue an order for the termination of the arbitral proceedings, or
if requested by both parties and accepted by the tribunal, record
the settlement in the form of an arbitral award on agreed
terms.
2. If, before the award is made, the continuation of the
arbitral proceedings becomes unnecessary or impossible for any
reason not mentioned in paragraph 1, the arbitral tribunal shall
inform the parties of its intention to issue an order for the
termination of the proceedings. The arbitral tribunal shall have
the power to issue such an order unless a party raises justifiable
grounds for objection.
3. Copies of the order for termination of the arbitral
proceedings or of the arbitral award on agreed terms, signed by the
arbitrators, shall be communicated by the arbitral tribunal to the
parties. Where an arbitral award on agreed terms is made, the
provisions of article 32, paragraphs 2 to 6, shall apply.
4. An arbitral award on a settlement agreement has the same
force and is subject to enforcement just as any other award on the
merits of the case.
Article 35
Interpretation of the Award
1. Within 30 days after the receipt of the award, either
party, with notice to the other party, may request that the
arbitral tribunal give an interpretation of the award.
2. The interpretation shall be given in writing within 30 days
after the receipt of the request. The interpretation shall form
part of the award and the provisions of article 32, paragraphs 2 to
6, shall apply.
Article 36
Correction of the Award
1. Within 30 days after the receipt of the award, either
party, with notice to the other party, may request the arbitral
tribunal to correct in the award any computational mistakes,
miswritings or typographical errors, or any errors of similar
nature. The arbitral tribunal may within 30 days after
communication of the award to the parties make such corrections on
its own initiative.
2. Such corrections shall be in writing, and the provisions of
article 32, paragraphs 1 to 6, shall apply.
Article 37
Additional Award
1. Within 30 days after the receipt of the award, either
party, with notice to the other party, may request the arbitral
tribunal to make an additional award as to claims presented in the
arbitral proceedings but omitted from the award.
2. If the arbitral tribunal considers the request for an
additional award to be justified and considers that the omission
can be rectified without any further hearings and evidence, it
shall complete its award within 60 days after the receipt of the
request.
3. When an additional award is made, the provisions of article
32, paragraphs 2 to 7, shall apply.
Section V
Costs Determination Procedure
Article 38
Costs
The arbitral tribunal shall fix the costs of arbitration in
its award. The term "costs" includes only:
(a) The fees of the arbitral tribunal to be stated separately
as to each arbitrator and to be fixed by the tribunal itself in
accordance with article 39;
(b) The travel and other expenses incurred by the
arbitrators;
(c) The costs of expert advice and of other assistance
required by the arbitral tribunal;
(d) The travel and other expenses of witnesses to the extent
such expenses are approved by the arbitral tribunal;
(e) The costs for legal representation and assistance of the
successful party if such costs were claimed during the arbitral
proceeding, and only to the extent that the arbitral tribunal
determines that the amount of such costs is reasonable;
(f) The fees of SPICAC administration.
Article 39
Amount of the fees of the Arbitral tribunal
1. The fees of the arbitral tribunal shall be reasonable in
amount, taking into account the amount in dispute, the complexity
of the subject matter, the time spent by the arbitrators and any
other relevant circumstances of the case.
2. The arbitral tribunal in fixing its fees shall take the
schedule of fees of the Regulation on Arbitral Costs of SPICAC into
account to the extent that it considers appropriate in the
circumstances of the case.
3. In the case referred to in paragraph 2, when a party so
requests the arbitral tribunal shall fix its fees only after
consultation with SPICAC which may make any comment it deems
appropriate to the arbitral tribunal concerning the fees.
Article 40
Allocation of Costs Among the Parties
1. Except as provided in paragraph 2, the costs of arbitration
shall in principle be borne by the unsuccessful party. However, the
arbitral tribunal may apportion each of such costs between the
parties if it determines that apportionment is reasonable, taking
into account the circumstances of the case.
2. With respect to the costs of legal representation and
assistance referred to in article 38, paragraph (e), the arbitral
tribunal, taking into account the circumstances of the case, shall
be free to determine which party shall bear such costs or may
apportion such costs between the parties if it determines that
apportionment is reasonable.
3. When the arbitral tribunal issues an order for the
termination of the arbitral proceedings or makes an award on agreed
terms, it shall fix the costs of arbitration referred to in article
38 and article 39, paragraph 1, in the text of that order or
award.
4. No additional fees may be charged by an arbitral tribunal
for interpretation or correction or completion of its award under
articles 35 to 37.
Article 41
Deposit of Costs into Arbitral Tribunal
1. The arbitral tribunal, on its establishment, may request
each party to deposit an equal amount as an advance for the costs
referred to in article 38, paragraphs (a), (b) and (c).
2. During the course of the arbitral proceedings the arbitral
tribunal may request supplementary deposits from the parties.
3. The arbitral tribunal shall fix the amounts of any advance
deposits or supplementary deposits only after consultation with
SPICAC, which may make any comments to the arbitral tribunal which
it deems appropriate concerning the amount of such advance
deposits.
4. If the required advance deposits are not paid in full
within 30 days after the receipt of the request, the arbitral
tribunal shall so inform the parties in order that one or another
of them may make the required payment. If such payment is not made,
the arbitral tribunal may order the suspension or termination of
the arbitral proceedings.
5. After the award has been made, the arbitral tribunal shall
render an accounting to the parties of the deposits received and
return any unexpended balance to the parties.
Article 42
Deposit of Costs into SPICAC
1. In accordance with the Regulation on Arbitral Costs, if
SPICAC starts the proceedings it may request from each party to
deposit an equal sum to cover the costs of SPICAC. During the
arbitral proceedings, in accordance with the Regulation Arbitral
Costs, SPICAC may require the payment of additional costs.
2. If the requested advance payment is not paid in full in
thirty (30) days after the request has been received,SPICAC shall
send a notice to the parties so that one or another party may make
the necessary payment in full. If the payment has not been made by
either of the parties, SPICAC may resolve to suspend or to
terminate the arbitral proceedings.
3. After the arbitration award has been made SPICAC shall
submit a report on the received amounts and repay any unused
balance.
Regulation on Arbitration Costs of the International
Commercial Arbitration Court of ST. PETERSBURG
1. Application
This Regulation supplements the Rules of the Arbitration Court
and is an integral part thereof. Parties submitting disputes to
arbitration before the Court in accordance with its Rules shall be
deemed to have agreed to be bound by its provisions. If the parties
have chosen other arbitration rules to govern the arbitration and
the Court functions as the appointing authority, this Regulation
shall govern the calculation and imposition of the costs of the
arbitration and the parties shall be deemed to have agreed to be
bound by its provisions, except to the extent the arbitration rules
chosen by the parties are inconsistent with this Regulation.
2. Security
a. The Court shall require the posting of security by the
parties to cover the Costs of the arbitration (as defined in
Article _ (sic) of the Rules). In exceptional cases the Court may
waive the imposition of security.
b. After a claim is filed the Court shall determine the amount
of security needed and send the parties notice thereof together
with payment instructions. The amount of security shall be
established based on the anticipated Costs calculated in accordance
with this Regulation.
c. The security shall be paid in two equal installments. Each
installment shall be paid in equal shares by the claimant and the
respondent. The first installment shall be paid following the
filing of the claim and before the Court refers the matter to the
arbitrator(s). The second installment shall be paid at a time set
by the Court in agreement with the arbitrator(s).
d. The filing of a counterclaim or a new claim shall result in
the imposition of additional security.
e. A party who has not paid its security may not participate
in the proceedings, and in particular may not file a counterclaim
or additional claim. If a claim was already filed, the claim to
which the party's unpaid share of security relates shall be deemed
withdrawn. If a party fails to pay security, the other party may do
so, in which case the arbitrator(s) may render an award based on
the evidence and arguments submitted by the paying party.
f. If the arbitrator(s) requests the services of an expert,
the expert shall commence work only after payment by the parties,
or one of them, of security set by the Court to cover the expert's
expenses.
3. Arbitrators Fees and Expenses
a. Arbitrators' Costs shall consist of arbitrators fees and
reasonable travel, accommodation and other expenses incurred by the
arbitrators in performing their duties as arbitrators. These Costs
shall be approved by the Court based on the proposal of the
arbitrator(s) and included in the arbitration award.
b. The arbitrators' fees shall be reasonable and based
principally on the amount in dispute (taking into account all
claims and counterclaims), but shall also take into account the
amount of time spent by the arbitrators (using an hourly rate), the
complexity of the case, and other relevant circumstances. The
following scale of fees for an arbitrator shall be used as a
guideline but is not binding:
Amount in dispute (US$)
|
Range of fees as percentage of amount in dispute
|
|
minimum
|
maximum
|
To 50.000
|
$2.000
|
10%
|
Up 50.001 -- 100.000
|
2%
|
6%
|
Up100.001 -- 500.000
|
1%
|
3%
|
Up 500.001 -- 1.000.000
|
0.5%
|
2%
|
Up1.000.001 -- 5.000.000
|
0.2%
|
1.5%
|
Up 5.000.001 -- 10.000.000
|
0.1%
|
0.3%
|
Up10.000.001 -- 50.000.000
|
0.05%
|
0.15%
|
Up 50.000.001 -- 100.000.000
|
0.02%
|
0.1%
|
Over 100.000.000
|
0.01%
|
0.05%
|
4. Administrative Expenses
a. The Court shall establish and collect from the parties
administrative Costs from the Parties to cover the cost of the
proceedings and the Court's operations. Generally, the
administrative Costs shall be set as a percentage of the amount in
dispute (considering all claims and counterclaims) in according to
the following guideline, but the amount can be set differently if a
matter requires substantially more or less work than normal.
Amount in dispute (US$)
|
Administrative Cost
|
Up to 100.000
|
$1000 plus 2% of amount over $50.000
|
100.001 to 500.000
|
$2000 plus 1.5% of amount over 100.000
|
500.001 to 1.000.000
|
$8.000 plus 1% of amount over $500.000
|
1.000.001 to 5.000.000
|
$13.000 plus 0.5% of amount over $1.000.000
|
5.000.001 to 10.000.000
|
$33.000 plus 0.2% of amount over $5.000.000
|
Over 10.000.000
|
$43.000 plus 0.1% of amount over $10.000.000
|
b. The claimant shall pay at the time of filing its claim US$
1000 (or the ruble equivalent" thereof at the official exchange
rate on the date of payment) to cover administrative expenses of
the Court. Such amount shall be credited against the first
installment of security paid by the claimant pursuant to Article
2.c of this Regulation.
__________________
1 In
Russian treteisky - ed.