Legal basis for the activities of the International Center for the Settlement of Disputes at the Economic Court of the Commonwealth of Independent States

The legal basis for the activities of the International Center is the documents developed by the CIS Economic Court taking into account generally recognized international standards.

In accordance with the Charter of the International Center for the Settlement of Disputes at the CIS Economic Court, the objectives of its activities, in particular, are:

- ensuring effective legal protection of the rights and legitimate interests of entities engaged in foreign economic activity within the CIS and located in different countries of the Commonwealth;

- elimination of disagreements, resolution of conflicts of subjects of foreign economic activity, assistance in the establishment and improvement of partnership and business relations, the formation of customs and ethics of business turnover;

- preparation of recommendations on the application of international law in the model and national legislation of the CIS member states, on improving mechanisms for out-of-court settlement of disputes in the Commonwealth countries.

The supreme governing body of the International Center is the General Meeting of Founders, represented by the heads of the CIS Economic Court, the Secretariat of the IPA CIS Council, the International Union of Lawyers. The executive body of the International Center, which currently manages the organization and reports to the General Meeting, is the Presidium. The International Center also consists of permanent Arbitration Tribunals, the Chamber of Mediators, the Commissioners of the International Center in the CIS member states, carrying out organizational and legal support for the resolution and settlement of disputes by the International Center in these states.

The jurisdiction of the Arbitration Court includes consideration on the basis of an arbitration agreement of the parties to disputes arising from the implementation of international economic relations between business entities of the CIS member states, as well as other disputes of an economic nature, if the agreement of the parties provides for the transfer of the dispute to its resolution. The specificity of the competence of the Arbitration Court, which distinguishes it from most international arbitrations operating in the countries of the Commonwealth, is the power to consider, on the basis of an arbitration agreement, parties to disputes arising from the implementation of international economic relations between one of the CIS member states and economic entities of other CIS member states.

In order for possible disputes arising from the contract to be resolved in the permanent arbitration court of the International Center, it is advisable to include a corresponding reservation in the text of the contract in preparation for signing. The use of the wording of the arbitration agreement recommended in the Arbitration Rules of the International Center will give legal predictability to the obligations of the parties by the fact that their dispute will be resolved according to well-known rules. In the event that there is no corresponding reservation in the contract, but a dispute arises, the parties to the contractual relationship may conclude an appropriate dispute resolution agreement in the Arbitration Court of the International Center in the form of a separate document.

The competence of the Chamber of Mediators consists in the settlement of disputes between business entities, participants in foreign economic activity through the implementation of conciliation procedures in the presence of an agreement of the parties to conduct a conciliation procedure within the framework of the House of Mediators.

If the parties to the dispute have agreed in the contract or in other documentary ways that disputes affecting their relations, both in general and in certain matters, will be referred for settlement through the conciliation procedures to the House of Mediators, such disputes shall be settled through the implementation of conciliation procedures in accordance with with the Regulation on the Chamber of Mediators of the International Center and the Conciliation Rules of the International Center.

The agreement on conciliation in the Chamber of Mediators of the International Center is concluded in writing. An agreement is considered concluded if it is contained in a document signed by the parties or is concluded by exchanging messages by post, telegraph, teletype, electronic or other communication, which allows to establish reliably that the document comes from a party under a contract or by exchanging an application for a conciliation procedure and recalling it, in which one of the parties claims to have an agreement, and the other does not object to this.

An agreement on a conciliation procedure may be concluded with the participation of the CIS Economic Court, the International Center, and an intermediary.

The agreement on conciliation is concluded by mutual agreement of both parties, and is not imposed by an intermediary. It can take into account various circumstances, not only related to the disputed contract, for example, aimed at reducing installment debt or replacing a monetary obligation with a natural one, but also new obligations for further cooperation, which as a result will be more acceptable to the parties and potentially fulfilled by them.

The agreement on the conciliation procedure is binding on the parties who have concluded it and is executed by the parties voluntarily in the manner and within the time periods stipulated by this agreement. In case of failure to fulfill the agreement on the settlement of the dispute, the parties are entitled to apply to a court or arbitration for the protection of their rights. The consequences of such non-performance may be established by the parties in the same agreement.

Thus, the International Center has exclusively contractual competence.

Settlement and settlement of disputes is carried out by arbitrators and mediators, whose recommendation lists are compiled by the CIS Economic Court according to the following principle: CIS member states, represented by the highest judicial bodies in the field of economic justice, offer a certain number of specialists to each list. The founders of the International Center offer several candidates on a parity basis. Approves the lists of the Presidium of the International Center. Candidates are subject to fairly stringent requirements in terms of level of professional training and reputation. The lists include the most respected and well-known experts in the field of international and civil law. Many arbitrators and mediators are recognized authorities in the legal world, partners, chief specialists of leading legal, audit,

The International Center is not only an ARS body, but is also authorized to carry out the following activities that characterize it not only as a center for international arbitration and mediation, but also as a multidisciplinary intellectual, scientific and practical legal structure:

- preparation of recommendations on the application of international law in a model and national legislation of the CIS member states;

- assistance in the preparation of acts of the Inter-Parliamentary Assembly of the Member States of the Commonwealth of Independent States in the field of alternative means of dispute resolution;

- holding, if necessary, seminars, trainings, conferences in order to educate and improve the skills of arbitrators and mediators of the International Center;

- assistance in the development and implementation of national programs to improve the legal culture;

- development of recommendations on improving mechanisms for out-of-court settlement of disputes in the member states of the Commonwealth of Independent States.

Economic entities will undoubtedly be interested in the Regulation on expenses and fees when considering cases at the International Center. The CIS Economic Court has determined the most rational amount of the arbitration fee, acceptable for organizations and entrepreneurs even with small working capital, which will allow to resolve (resolve) disputes in the International Center with minimal financial costs. For example, with a claim price of up to 10,000 euros, the amount of the arbitration fee will be only 700 euros.

For the convenience of contacting the International Center of all interested parties located in the CIS member states, the Institute of Plenipotentiaries of the International Center and their assistants in these countries has been created in the International Center, which will allow the subjects of the application to significantly save money and time for initiating a dispute resolution procedure, as well as , importantly, to receive comprehensive legal advice on issues of interest. At the same time, at the choice of the parties to the dispute, its resolution (settlement) can be carried out on the territory of the state where the parties are located.

Of great importance for the activities of the International Center is not only the professionalism and reputation of arbitrators and mediators, but also strict control over their compliance with both the rules of procedure and ethical rules similar to judicial codes of ethics for judges of state courts. In this regard, the International Center applies the Regulation on the Principles and Standards of Professional Ethics of an Arbitrator developed by the CIS Economic Court, the Regulation on the Principles and Standards of Professional Ethics of a Mediator, the strict observance of which is the basis of their activities.

Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, June 10, 1958)