Charter

Charter
 
International Arbitration Court "Chamber of Arbitrators at the Union of Lawyers"
 
 
  1. General Provisions

 

1.1. The International Arbitration Court "The Chamber of Arbitrators at the Union of Lawyers" (hereinafter - the Chamber of Arbitrators) is a permanent, non-governmental, non-profit organization operating on a reimbursable basis. The Chamber of Arbitrators in its activities is guided by the Constitution of the Republic of Belarus, the Law of the Republic of Belarus dated July 9, 1999 No. 279-З "On the International Arbitration (Arbitration) Court" (hereinafter - the Law "On the International Arbitration (Arbitration) Court"), other legislative acts of the Republic of Belarus, international treaties of the Republic of Belarus, arbitration rules of the Chamber of Arbitrators and this Charter.

1.2. The founder of the Chamber of Arbitrators is the public association "Belarusian Republican Union of Lawyers", registered by the decision of the Ministry of Justice of the Republic of Belarus dated June 15, 2007 No. 101 in the Unified State Register of Legal Entities and Individual Entrepreneurs for No. 100265095 (hereinafter - the Founder).

1.3. Full name of the Chamber of Arbitrators:

in Russian - Международный арбитражный (третейский) суд «Палата арбитров при Союзе юристов»;

in Belarusian - Мiжнародны арбiтражны (трацейскi) суд «Палата арбiтраў пры Саюзе юрыстаў»;

in English - International arbitration court “Chamber of Arbitrators at the Union of Lawyers ".

1.4. Short name:

in Russian - МАС «Палата арбитров»;

in Belarusian - МАС «Палата арбiтраў»;

in English - Chamber of Arbitrators.

 1.5. The Chamber of Arbitrators is a legal entity, has an independent balance, can conclude contracts on its own behalf, acquire property and personal non-property rights and bear obligations, be a plaintiff and defendant in court, open current (settlement) accounts in banks, have a seal and stamps with its name.

1.6. Interference of state courts in the activities of the Chamber of Arbitrators is not allowed, with the exception of cases stipulated by the legislation of the Republic of Belarus.

1.7. The Chamber of Arbitrators is liable for its obligations with the monetary funds and other property belonging to it. The Chamber of Arbitrators is not responsible for the obligations of the Founder. The founder is not responsible for the obligations of the Chamber of Arbitrators.

1.8. Legal address of the Chamber of Arbitrators: 220029, Republic of Belarus, Minsk, st. A. Pashkevich, 9 - 5H.

 

  1. Purpose, objectives, subject matter and principles of the Chamber of Arbitrators

 

2.1. The purpose of the Chamber of Arbitrators is to ensure the protection of the rights and legitimate interests of legal entities and individuals (including individual entrepreneurs) by considering economic disputes within the competence of the Chamber of Arbitrators.

2.2. It is the task of the Chamber of Arbitrators to and timely resolution of civil disputes of an economic nature, referred to the competence of the Chamber of Arbitrators.

2.3. In its activities, the Chamber of Arbitrators is guided by the principles:

- equality of rights of the parties;

- freedom of the parties to choose the composition of the Chamber of Arbitrators, applicable law, procedure and language of legal proceedings;

- contractual jurisdiction of all considered cases;

- priority of generally recognized principles of international law;

- independence of the Chamber of Arbitrators and Arbitrators;

- confidentiality of consideration of cases;

- facilitating the end of the dispute by concluding a settlement agreement by the parties; the finality of decisions made by the Chamber of Arbitrators.

The Chamber of Arbitrators is also guided by those principles of the economic procedural legislation of the Republic of Belarus, which do not contradict the principles set forth in part first of this paragraph.

2.4. In accordance with the designated goals and objectives, the Chamber of Arbitrators, in the manner established by the legislation of the Republic of Belarus, carries out activities in the field of justice and justice - arbitration of disputes.

2.5. By agreement of the parties, civil disputes between any subjects of law arising in the implementation of foreign trade and other types of international economic relations, if the location or residence of at least one of them is outside the border of the Republic of Belarus, as well as other economic disputes, can be submitted to the Chamber of Arbitrators by agreement of the parties, if the agreement of the parties provides for the transfer of the dispute to the Chamber of Arbitrators and if it is not prohibited by the legislation of the Republic of Belarus

 

  1. Bodies and Officers of the Chamber of Arbitrators

 

3.1. The executive bodies of the Chamber of Arbitrators are the Presidium and the chairman.

3.2. The Presidium consists of the Chairman of the Chamber of Arbitrators, his deputies and other members of the Presidium appointed from among the arbitrators. The chairman, his deputies and members of the presidium are appointed by the Founder for a period of five years.

3.3. The Presidium of the Chamber of Arbitrators:

- approves the advisory list of arbitrators and the staffing table of the Chamber of Arbitrators upon the proposal of the chairman;

- approves the regulations and other local legal acts governing the activities of the Chamber of Arbitrators and its structural divisions, as well as the changes introduced to them; disposes of the property of the Chamber of Arbitrators, the value of which exceeds 300 basic units;

- analyzes arbitration practice;

- performs other functions provided for by the Law of the Republic of Belarus "On the International Arbitration (Arbitration) Court", other acts of legislation, the rules of the Chamber of Arbitrators and other local legal acts of the Chamber of Arbitrators.

3.4. The Presidium of the Chamber of Arbitrators is convened by the Chairman as needed, but at least once every six months. A meeting of the Presidium of the Chamber of Arbitrators can be held remotely using video conferencing. A meeting of the Presidium of the Chamber of Arbitrators shall be deemed competent if attended by at least half of its members. Decisions of the Presidium of the Chamber of Arbitrators are made in the form of decisions signed by the Chairman of the Chamber of Arbitrators. The decision is considered adopted if more than half of the members of the presidium of the Chamber of Arbitrators participating in the meeting voted for it.

3.5. The work of the Presidium of the Chamber of Arbitrators is directed by the Chairman of the Chamber of Arbitrators.

3.6. The Chairman of the Chamber of Arbitrators may be an individual who has a higher legal education, work experience in the specialty for at least five years and has the necessary knowledge to organize and ensure qualified arbitration of disputes. The Chairman of the Chamber of Arbitrators is an arbitrator and can participate in both the sole and collegiate resolution of disputes.

3.7. Chairman of the Chamber of Arbitrators:

- carries out all actions for the management of the Chamber of Arbitrators, except for those that are attributed by law and this Charter to the competence of the Presidium of the Chamber of Arbitrators;

- submits to the Founder proposals on the appointment of vice-chairmen and members of the presidium of the Chamber of Arbitrators;

- prepares a recommendatory list of arbitrators of the Chamber of Arbitrators and submits it for approval to the Presidium of the Chamber of Arbitrators;

- ensures the implementation of this Charter and the Rules of Procedure of the Chamber of Arbitrators;

- hires and dismisses employees of the Chamber of Arbitrators, applies incentives to them and imposes disciplinary sanctions;

- in the manner determined by the legislation of the Republic of Belarus and this Charter, dispose of property, including the financial resources of the Chamber of Arbitrators;

- acts on behalf of the Chamber of Arbitrators, represents its interests in government bodies, public associations and other organizations, including foreign and international;

- delineates responsibilities between deputies; concludes contracts and agreements on behalf of the Chamber of Arbitrators; opens current (settlement) bank accounts in banks;

- plans the distribution of the income remaining after the payment of the arbitrators' fees and the expenses of the Chamber of Arbitrators and presents them for approval by the Founder; reports annually to the Founder on the results of the financial and economic activities of the Chamber of Arbitrators;

- considers and decides on other issues related to the activities of the Chamber of Arbitrators in accordance with the legislation of the Republic of Belarus.

3.8. The President of the Chamber of Arbitrators has deputies appointed by the Founder of the Chamber of Arbitrators on the proposal of the President of the Chamber of Arbitrators. The Deputy Chairmen shall carry out the functions delegated to them by the Chairperson of the Chamber of Arbitrators.

 

  1. Procedure for the formation and use of property

 

4.1. The Chamber of Arbitrators may own any property necessary for the material support of the activities provided for by the Charter, with the exception of objects that, according to the legislation of the Republic of Belarus, can only be located owned by the state. The owner of the property of the Chamber of Arbitrators, including property held by its structural divisions, is the Chamber of Arbitrators.

 4.2. The property of the Chamber of Arbitrators is fixed assets and working capital, as well as other property, the value of which is reflected in the independent balance sheet of the Chamber of Arbitrators.

4.3. The sources of formation of the property of the Chamber of Arbitrators are: tangible and intangible assets of the Founder, including buildings, office and industrial premises, equipment, tangible assets and other property; arbitration fees received from legal entities and individuals (including individual entrepreneurs); income received from activities carried out in accordance with the statutory goals; loans from banks and other lenders; gratuitous (sponsor) assistance provided in accordance with the legislation of the Republic of Belarus; other sources not prohibited by the legislation of the Republic of Belarus.

4.4. The Chamber of Arbitrators disposes of property belonging to it at its own discretion. Funds and other property of the Chamber of Arbitrators are used only for the fulfillment of the statutory goals and objectives of the Chamber of Arbitrators. The Chamber of Arbitrators may use funds belonging to it for charitable purposes.

4.5. Income received from the activities of the Chamber of Arbitrators and the property acquired at their expense are distributed and used in accordance with this Charter and the legislation of the Republic of Belarus. All funds of the Chamber of Arbitrators are credited to its bank accounts and are used to pay monetary remuneration (fees) to arbitrators, salaries to employees of the Chamber of Arbitrators, to pay current expenses for maintaining the Chamber of Arbitrators, to develop the material, technical and social base, to finance activities to promote the Chamber of Arbitrators, as well as for other purposes in accordance with this Charter.

4.6. When considering disputes, the parties pay the arbitration fee, as well as possible costs associated with the consideration of the case (arbitration costs). The amount of the arbitration fee, the composition of the arbitration costs, as well as the procedure for their payment is determined by the rules of the Chamber of Arbitrators.

4.7. The Chamber of arbitrators has no right to act as a guarantor or a guarantor to the bank and creditors of legal and individuals to fulfill their obligations on the return of the funds received.

4.8. The Chamber of Arbitrators maintains accounting and statistical reporting in accordance with the legislation of the Republic of Belarus, provides data to the tax authorities, the Founder and is responsible for their accuracy.

4.9. Control over financial and economic activities is carried out by the Founder in the manner prescribed by the legislation of the Republic of Belarus.

 

  1. Reorganization and liquidation of the Chamber of Arbitrators

 

5.1.

Reorganization and liquidation of the Chamber of Arbitrators may be carried out by the decision of the Founder, authorized state bodies, the court in the manner and in the cases provided for by the legislation of the Republic of Belarus.

5.2.

The Chamber of Arbitrators cannot be reorganized or liquidated in the process of considering the dispute until the end of the consideration of the case on the merits.

5.3.

Upon liquidation of the Chamber of Arbitrators, the property remaining after the satisfaction of the creditors' claims is transferred to the Founder.