Since 27 January 2017 new rules of arbitration of international commercial disputes have come into force. They apply to arbitral proceedings initiated in the MAC from that date, unless the parties have agreed otherwise, or unless otherwise follows from the substance of their provisions or applicable arbitration law.
Only the Russian text of the MAC Rules is officially approved by the Chamber of Commerce and Industry of the Russian Federation.
In case of discrepancies between Russian and English texts the Russian text shall prevail.
See full text of this document in English:
Appendix No 1 to Chamber of Commerce and Industry of the Russian Federation
Order No 5 dated 11.01.2017
RULES OF MARITIME ARBITRATION COMMISSION
AT THE CHAMBER OF COMMERCE AND INDUSTRY OF RUSSIA
I. GENERAL PROVISIONS
§ 1. Scope of Rules
1. The Rules of Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation (hereinafter referred to as “MAC”) shall apply to disputes referred to Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation (hereinafter referred to as “RF CCI”) arising out of contractual or other civil law relationships in the area of commercial shipping irrespective of whether or not the parties fall under both Russian Federation and foreign jurisdiction, or exclusively under Russian Federation or foreign jurisdiction. For instance, disputes referred to MAC may concern:
1) vessel chartering, maritime transportation, and mixed transportation (river-sea);
2) maritime towing of vessels and other floating objects;
3) maritime insurance and reinsurance;
4) purchase, sale, mortgaging and repairs of marine vessels and other floating objects;
5) piloting, ice channeling, agency and other marine-sailing services for marine and inland waterway vessels, insofar as these operations relate to the sailing of the vessels at sea;
6) engagement of ships in scientific research, mineral development, hydrotechnical and other works;
7) salvage of a marine vessel or an inland waterway vessel by a marine vessel, as well as salvage of an inland waterway vessel by another inland waterway vessel at sea;
8) removal of a sunken ship or sunken property;
9) collision between marine vessels, between a marine vessel and an inland waterway vessel, or between two inland waterway vessels at sea, as well as damage done by a vessel to port infrastructures, navigation means and other facilities;
10) damage done to fishing nets and other equipment for extracting (fishing)water bio-resources and other damage caused in the process of commercial fishing.
MAC shall also settle disputes arising out of navigation of marine vessels and inland waterway vessels along international rivers in cases specified herein and disputes related to foreign voyages of inland waterway vessels.
2. MAC shall settle disputes in accordance with Russian Federation Law No 5338-1 dated 07.07.1993, ‘On International Commercial Arbitration’ and other federal laws or international treaties of the Russian Federation.
Disputes covered by international treaties of the Russian Federation shall also be arbitrated in accordance with the Rules.
3. Any disputes submitted to MAC under agreements concluded before 1 September 2016 which were capable of settlement by international commercial arbitration on the basis of Russian Law No 5338-1 dated 7 July 1993, ‘On International Commercial Arbitration’ effective as of the date of their conclusion shall also be settled in accordance with the Rules.
4. An arbitral tribunal shall conduct arbitral proceedings consistent with the norms of applicable arbitration laws and the Rules. It may be possible to deviate from the Rules in cases prescribed herein.
5. Where any question is not governed by the Rules or a direct agreement between the parties, an arbitral tribunal shall use the applicable arbitration laws and conduct the arbitral proceedings as it sees fit, providing equal treatment and reasonable opportunity to each party to defend their interests.
6. The Rules shall be applied together with the Rules on Organizational Principles of MAC Activity, the Rules on Arbitration Costs, and MAC Schedule of Remuneration and Fees.
§ 2. Security measures imposed by Chairman
1. MAC Chairman may, at the request of a party, determine the amount and the form of security for a claim in arbitral proceedings to be administered by MAC; for instance, he/she may impose an attachment on a vessel of the other party anchored in a Russian port or a cargo of the other party located in a Russian port.
2. At the request of any party, MAC Chairman may revise his/her ruling on security measures (i.e., modify the form, the amount or the terms of security measures).
3. MAC Chairman may demand that any party provide appropriate security.
II. COMMENCEMENT OF ARBITRAL PROCEEDINGS
§ 3. Bringing of a Claim
1. Arbitral proceedings shall commence with the filing of a statement of claim with MAC.
2. The filing date of the statement of claim shall be the date on which it is delivered to MAC Secretariat, or where the statement of claim is sent by mail it shall be the date of the postmark of the post office where it has been mailed or the date of the waybill.
§ 4. Contents of the Statement of Claim
1. The statement of claim shall include:
(a) the date of the statement of claim;
(b) name (surname, first name and patronymic if any), place of residence (location), postal addresses, telephone and fax numbers, and e-mail addresses of the parties;
(c) substantiation of the jurisdiction of MAC;
(d) demands of the claimant;
(e) a statement of the factual circumstances supporting the claim;
(f) evidence confirming such circumstances;
(g) substantiation of the claims with reference to applicable law;
(h) amount of the claim;
(i) calculation of the amount of each demand; and
(j) a list of documents and other materials attached to the statement of claim.
2. The statement of claim shall be signed by the claimant or his authorized representative and be accompanied by documented evidence of his powers.
3. Where the parties have so agreed, the statement of claim shall contain information about the intended arbitral tribunal, in particular the identity of the claimant's nominated arbitrator and reserve arbitrator (§15 of the Rules).
§ 5. Amount of the Claim
1. The amount of the claim shall be:
(a) in claims for recovery of money – the amount sought, and, where interest continues to accrue, the amount accruing on the filing date of the claim;
(b) in claims for recovery of property – the value of the property sought;
(c) in claims for recognition or transformation of a legal relationship - the value of the subject matter of the legal relationship at the moment when the claim is brought; and
(d) in claims for an act to be done or forborne from - determined on the basis of available information about the property interests of the claimant.
The claimant shall indicate in his statement of claim the amount of the claim also where his statement of claim or any part of the claim is not of a monetary nature.
2. Where the claim consists of several demands covered by the same arbitration agreement, the amount of the claim shall be the total amount of all demands.
3. Where the claim consists of several demands covered by different arbitration agreements, the amount of the claim shall be calculated separately for the demands covered by each agreement.
4. The amount of the claim shall not include demands for recovery of arbitration fees and costs, and the expenses incurred by the parties.
5. Where the claimant has not stated or has misstated the amount of the claim, the Presidium of MAC, on the proposal of MAC Secretariat or an arbitral tribunal, shall determine the amount of the claim on the basis of available information.
§ 6. Rectification of the Statement of Claim
1. Where a statement of claim has been filed that does not comply with the Rules, the Executive Secretary of MAC may invite the claimant to rectify the defects found within a period of time that shall not exceed 15 days from the date on which such invitation is received.
2. Where the claimant has not, in spite of the invitation to rectify the defects of his statement of claim, rectified the defects within the set period and insists that the arbitral proceedings be held, the arbitral proceedings shall progress and either an arbitral award or a ruling to terminate the arbitral proceedings shall be rendered.
3. The provisions of this paragraph shall equally apply to counter-claims and set-offs.
§ 7. Statement of Defense
1. Considering § 6 herein the Executive Secretary of MAC shall give the respondent notice of a statement of claim filed and shall send to the respondent a copy of the statement of claim and copies of the documents attached thereto after an adequate number thereof has been submitted and an arbitration fee is fully prepaid.
2. Simultaneously, the Executive Secretary of MAC shall invite the respondent to submit a statement of defense within a period of 30 days from receipt of the statement of claim. The Executive Secretary may move the deadline at the respondent’s justifiable request, or MAC Chairman may do so after the formation of an arbitral tribunal.
3. The statement of defense shall contain:
(a) the date of the statement of defense;
(b) the name (surname, first name and patronymic if any), place of residence (location), postal address, telephone and fax numbers, and e-mail address of the respondent;
(c) acknowledgement or objections to the demands by the respondent;
(d) a statement of the factual circumstances supporting the position of the respondent;
(e) evidence supporting such circumstances;
(f) substantiation of the position of the respondent with reference to applicable rules of law; and
(g) a list of documents attached to the statement of defense.
4. The statement of defense shall be signed by the respondent or an authorized person and accompanied by documented evidence of his powers.
5. This rule shall equally apply to the statement of defense to counter-claims and to set-offs.
§ 8. Counter-claim and set-off
1. The respondent may, within the period of 30 days from the receipt of the statement of claim, make a counter-claim or a set-off.
2. It is possible to make a counter-claim or a set-off provided that:
- there is an arbitration agreement covering such a claim or set-off along with the demands of the principal claim, or;
- there is another arbitration agreement compatible with the principal claim, which refers the dispute to MAC, and the counter-claim or the set-off are related to the principal claim as a matter of substantive law.
3. Where the arbitral proceedings are extended because of unjustified delay on the part of the respondent in submitting his counter-claim or set-off, the respondent may be required to cover the extra costs and expenses incurred by the other party due to the delay.
The arbitral tribunal may refuse permission for a counter-claim or set-off to be made taking into account the delay.
4. The counter-claim and set-off claim shall meet requirements of the Rules applicable to the principal claim.
§ 9. Costs of the Arbitral Proceedings
1. The claimant shall pay a non-refundable registration fee for a statement of claim at the moment of its filing. The claim shall not be deemed submitted before the registration fee is paid.
2. The claimant shall make an advance payment of the arbitration fee for each claim submitted. The registration fee is not included in the claimant’s advance payment.
The proceeding shall not progress until the advance payment is made by the claimant.
3. A security fee shall be paid by the party requesting security for the claim. The request for security shall not be deemed submitted before the fee is paid.
4. The amount of the registration, arbitration and security fees, the manner of their payment and distribution, and the manner of payment of other arbitration expenses are specified in the Regulations on ArbitrationCosts.
III. SUBMISSION AND TRANSMISSION OF DOCUMENTS
§ 10. Submission of Documents
1. All documents relating to the commencement and conduct of the arbitral proceedings shall be submitted to MAC in five identical copies, and where the dispute is settled by a sole arbitrator, three copies shall be required, provided that the number of copies shall increase where more than two parties are involved in the dispute, unless otherwise specified, where appropriate, by Executive Secretary of MAC or an arbitral tribunal.
2. Executive Secretary of MAC or an arbitral tribunal may direct that parties submit documents indicated in Clause 1 herein also in the electronic form.
§ 11. Mailing and Delivery of Documents
1. Secretariat shall mail the case documents to either of the parties at the addresses given by the respective party or by the other party. The parties shall immediately notify MAC of any changes in the addresses given previously.
2. All documents submitted by either of the parties to MAC shall be transmitted by the Secretariat to the other party, unless these documents have been transmitted by such party to the other party during the arbitral proceedings. Any reports prepared by experts or other documents classified as evidence on which an arbitral award may be based shall be transmitted to the parties as well.
3. The statements of claim, statements of defense, notices of the hearing, arbitral awards, and rulings shall be sent by the Secretariat by registered mail with return receipt requested, or otherwise, provided that a record is made of the attempt to deliver the mail.
4. Other documents may be sent by registered or ordinary mail, and notices and communications may also be sent by wire, fax, e-mail, or otherwise, provided that a record is made of the communication sent.
5. A communication shall be deemed received on the day when it is received by a party or when it should have been received if sent as specified herein even if the party fails to appear to receive the communication, refuses the receipt, or does not reside, or is not located at the relevant address.
6. Where a party appoints a representative, the case documents shall be sent or delivered to such representative, unless said party has notified MAC otherwise, and shall be deemed sent or delivered to such party.
IV. MULTIPLE CLAIMS AND PARTIES TO ARBITRAL PROCEEDING
§ 12. Multiple-claim proceedings
The claimant may request to consolidate claims into a single arbitral proceedings provided that:
– there is an arbitration agreement covering these claims, or;
– these claims are covered by several compatible arbitration agreements referring the claims to MAC, connected by substantive law.
§ 13. Consolidation of proceedings
1. MAC Presidium may consolidate proceedings at the request of any party with the consent of other parties to the proceedings.
2. MAC Presidium may also consolidate arbitral proceedings at the request of any party provided that:
– there is an arbitration agreement covering these claims and there are no other impediments to consolidation of proceedings, or;
– these claims are covered by several compatible arbitration agreements, referring the claims to MAC, connected by substantive law.
The Presidium shall consider the progress of each arbitral proceedings, the possible risk of contradictory arbitral awards and the desired efficiency of the proceedings in its decision to consolidate the proceedings.
3. Unless all parties agree otherwise, several arbitral proceedings shall be consolidated to the arbitral proceedings that started first. The powers of arbitrators conducting the other proceedings shall be terminated.
4. Arbitral proceedings shall not be consolidated if there are arbitral tribunals with different members formed by the time of the filing of second or subsequent proceedings unless there is consent between all parties. Arbitral proceedings shall progress separately if MAC Presidium rules against their consolidation.
§ 14. Engagement of third parties
1. A third party, which makes no claims against parties to the arbitral proceedings, may be involved or join arbitral proceedings provided that:
– there is an arbitration agreement covering parties to the proceeding and the third party, or
– all parties and the third party agree to involve the third party in the proceedings within 15 days since the filing of the third party’s request to join. Executive Secretary of MAC or the arbitral tribunal may extend this time considering particular circumstances of the case.
2. A request for involving a third party or allowing a third party to join the proceedings shall be made by the deadline for the submission of a statement of defense. Executive Secretary of MAC may reasonably extend this time or MAC Chairman may do so after the formation of an arbitral tribunal.
V. THE ARBITRAL TRIBUNAL
§ 15. Composition of the Arbitral Tribunal
1. If the parties have not agreed otherwise, an arbitral tribunal in the case shall be established as required under sub-paragraphs 2 to 10 of this paragraph.
2. An arbitral tribunal shall consist of two arbitrators, unless the Appointing Committee decides, in its own discretion, in view of the complexity of the case, the total amount of the claims filed in due time (which shall not, as a rule, exceed $15,000 excluding interest and arbitration costs), and other circumstances, that the case shall be settled by a sole arbitrator.
3. Where an arbitral tribunal is to be composed of two arbitrators, the claimant shall, within 15 days after receipt of a notice from MAC Secretariat, give MAC notice of the arbitrator appointed by him, unless the claimant has made such appointment in advance.
4. If the claimant does not choose an arbitrator within the period of time referred to in sub-paragraph 3 of this paragraph, the Appointing Committee shall appoint an arbitrator for him.
5. Where an arbitral tribunal is to be composed of two arbitrators, the respondent shall, within 15 days after receipt of a notice from MAC Secretariat that an arbitrator has been chosen or appointed by the claimant, give MAC notice of the arbitrator chosen by him.
6. If the respondent does not choose an arbitrator within the period of time referred to in sub-paragraph 5 of this paragraph, the Appointing Committee shall appoint an arbitrator for him.
7. Where two arbitrators have not reached an agreement on the arbitration award, the Appointing Committee shall appoint the presiding arbitrator, as a rule, from the List of Arbitrators.
8. If there are multiple claimants or multiple respondents, the claimants, jointly, shall appoint one arbitrator and the multiple respondents, jointly, shall by their agreement appoint one arbitrator to an arbitral tribunal composed of two arbitrators.
If claimants or respondents do not agree upon an arbitrator, the Appointing Committee shall appoint an arbitrator for them. The Appointing Committee may then also appoint an arbitrator for the other party as well. In this case, powers of the arbitrator appointed by the other party shall expire.
9. Where a case is examined by a sole arbitrator, the Appointing Committee shall appoint a sole arbitrator, as a rule, from the List of Arbitrators.
10. A reserve arbitrator may be elected or appointed in the arbitrator’s election or appointment procedure.
11. The Appointing Committee may authorize MAC Chairman to appoint an arbitrator.
12. The duties of an arbitral tribunal and the presiding arbitrator thereof, in accordance with these Rules, shall also apply to a sole arbitrator.
§ 16. Challenge of an Arbitrator
1. Any party may challenge an arbitrator if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence. A challenge also may be made if an arbitrator lacks the qualifications stipulated by an agreement between the parties and applicable laws.
2. The notice of challenge by itself does not suspend or terminate powers of the arbitrator.
3. A party may challenge an arbitrator appointed by it or with its participation on grounds which become known to it only after the arbitrator’s appointment.
4. A party may send a written notice of challenge stating the reasons therefore to the Appointing Committee within 15 days after being notified of the composition of the arbitral tribunal, or having become aware of circumstances that can serve as a reason for challenge. Unless a party makes a challenge within the period of time referred to above it shall be deemed to have waived its right to challenge consistent with § 41 herein.
The Appointing Committee may, in its discretion, consider the merits of the notice of challenge filed after the deadline provided that there is a reasonable explanation for the late filing and having regard to the nature of reasons for challenge.
5. If the challenged arbitrator does not withdraw voluntarily or if the other party does not agree to the challenge, a decision on the recusal of the arbitrator from his appointment shall be made by the Appointing Committee.
The Appointing Committee may, in its discretion, make the decision on the recusal of the arbitrator from his appointment for reasons referred to in sub-paragraph 1 of this paragraph.
6. The provisions of sub-paragraphs 1 to 4 of this paragraph shall also apply to an arbitrator chosen or appointed as reserve arbitrator.
7. The reasons referred to in sub-paragraph 1 of this paragraph may justify a challenge to a reporter, an expert or an interpreter participating in the proceedings. In this case, the decision on the release from the appointment shall be made by the arbitral tribunal.
§ 17. Termination of an Arbitrator's Powers for Other Reasons
1. Where an arbitrator is legally or actually incapable of fulfilling his duties, or does not, for any other reasons, fulfill such duties without unjustified delay, his powers may be terminated in response to his application for voluntary withdrawal or by agreement between the parties.
2. In all other cases, where differences remain over any of the reasons referred to in sub-paragraph 1 of this paragraph, and if the arbitrator has not applied for voluntary withdrawal, each party may request the Appointing Committee to make a decision on the termination of the powers of an arbitrator.
The Appointing Committee may, in its discretion, make the decision to terminate the powers of an arbitrator for reasons referred to in sub-paragraph 1 of this paragraph.
3. When the Appointing Committee makes a decision to release the arbitrator from his appointment or terminate his powers for any other reasons, it shall not be required to give reasons for its decision.
4. Voluntary withdrawal of an arbitrator or consent of the parties to terminate his powers in accordance with sub-paragraph 1 of this paragraph or sub-paragraph 1 of § 16, shall not signify recognition of any of the reasons referred to in sub-paragraph 1 of this paragraph or sub-paragraph 1 of § 16 of these Rules.
§ 18. Replacements in the Arbitral Tribunal
1. Where an arbitrator has declined to assume his/her duties, or has been released, or cannot participate in the proceedings for any other reasons, he/she shall be replaced by the respective reserve arbitrator. Where such replacement cannot be made, a new arbitrator shall be chosen or appointed in accordance with these Rules. If the arbitrator was appointed by the Appointing Committee, the Appointing Committee shall make the new appointment as well. If the arbitrator chosen by a party has declined to assume his duties, or has been released, or his powers have been terminated for any other reasons, the Appointing Committee may make a new appointment from the List of Arbitrators.
The provisions of this sub-paragraph shall apply where the parties have not agreed otherwise.
2. Where necessary, and taking into account the opinions of the parties, the new arbitral tribunal may review the issues examined during the previous oral hearings in the case before the replacement.
3. Where the need for replacements in the arbitral tribunal arises after the closure of the hearings, the Appointing Committee may, taking into account the opinions of the remaining members of the arbitral tribunal and of the parties, and also the circumstances of the case, make the decision to continue the arbitration with the remaining arbitral tribunal.
VI. ARBITRAL PROCEEDINGS
§ 19. General Principles of the Proceedings
1. The arbitral proceedings shall be conducted on an adversarial and dispositive basis and on the principle of equality of the parties.
2. The parties and their representatives shall make fair use of their procedural rights, refrain from abusing such rights, and shall observe the time limits designated for the exercise thereof.
§ 20. Place of Arbitration
1. The place of the arbitration is Moscow, Russian Federation.
2. Unless the parties agree otherwise, the hearings are conducted in Moscow. The parties may agree to hold hearings in a different place. In this event, all additional expenses arising in connection with the hearings held outside Moscow shall be borne by the parties to the dispute.
3. Unless the parties agree otherwise, the arbitral tribunal may, subject to approval by the Executive Secretary of MAC, and if necessary, hold hearings and other sessions involving witnesses, experts or the parties and examine goods, other properties or documents in a place other than Moscow.
§ 21. Language of the Arbitral Proceedings
1. The parties may agree, in their discretion, on a language or languages of the arbitral proceedings. Unless provided otherwise, any such agreement shall apply to any written statement by a party, any hearing and any arbitral award or message of the arbitral tribunal. Arbitral proceedings in a case shall be conducted in the Russian language, unless the parties agree otherwise.
2. The parties shall submit other documents related to the arbitral proceedings in the language of the arbitration, or in the language of the contract, or in the language of the correspondence between the parties.
Written documents shall be submitted in the original language.
MAC may, in its discretion or at the request of a party, request the other party to have the documents submitted by it, including written evidence, translated into the language of the arbitration, or have such documents translated at the expense of the other party.
§ 22. Applicable Law
1. The arbitral tribunal shall settle disputes in accordance with the rules of law which the parties have chosen to apply to the subject matter of the dispute. Any reference to the law or the legal system of a country shall be interpreted as a direct reference to the substantive law of such country, rather than to the conflict-of-laws rules thereof.
2. Failing such reference by the parties, the arbitral tribunal shall apply a law determined by the conflict-of-laws rules which it deems appropriate.
3. The arbitral tribunal shall make decisions in accordance with the terms and conditions of the contract taking into account the customs applicable to the transaction.
§ 23. Representation of the Parties
1. The parties may deal with MAC directly or through their duly authorized representatives, including foreign organizations and individuals, appointed by the parties in their discretion.
The name (surname, first name and patronymic if any), postal addresses, telephone and fax numbers, and e-mail addresses of the representative and documentary certification of his powers shall be immediately presented to the Secretariat or the arbitral tribunal.
2. A party shall ensure compliance of its representative with the Rules. By authorizing a representative to act on its behalf, the party thereby confirms the agreement of its representative to comply with the Rules and other MAC regulations.
When a representative fails to comply with the Rules or other MAC regulations, as well as instructions received from MAC bodies and authorized representatives or the arbitral tribunal to the extent of their authority, MAC bodies and authorized representatives or the arbitral tribunal may take relevant measures, for instance, take into consideration the improper conduct of the representative in their decision on distribution of arbitration expenses, issue a warning or invite the party to appoint another representative.
3. After an arbitral tribunal is formed, a party may replace its representative only provided that this replacement will not create grounds for challenging any arbitrator or denial of recognition and enforcement of an arbitral award.
A party shall notify the Secretariat and the arbitral tribunal about its intention to replace the representative in advance.
§ 24. Preparation of the Case for Arbitration
1. The arbitral tribunal shall check the progress in the preparation of a case for arbitration and, if it deems necessary, take further measures to have the case prepared.
In particular, it shall set a schedule for the arbitral proceedings and, depending on circumstances of the case, order that written explanations, evidence, and other additional documents be submitted by the parties. If further measures are taken to prepare the case, time limits shall be set for such measures to be carried out; the time, place and procedure of the oral hearing may be established, and a range of issues to be addressed may be determined according to the relevant stages in the proceeding.
It may also inquire about the opinion of the parties on the preparatory measures.
Depending on the complexity of the case, the arbitral tribunal may hold a planning conference with the parties and their representatives, either in person or on the phone/by videoconferencing.
The arbitral tribunal may take additional measures to prepare the case or may adjust the schedule of the proceedings to changes in circumstances.
2. The arbitral tribunal may give the Executive Secretary of MAC instructions in connection with the preparation and conduct of the arbitration. It may also request the Executive Secretary to invite the parties to hearings.
§ 25. Amendments or Supplements to the Claim,
or Explanations of the Claim
1. Either party may, before the termination of the case hearing, amend or supplement its claim or explanations thereof without unjustified delay.
2. The arbitral tribunal may set a period of time for the parties to submit their written statements and evidence for either of the parties to be familiarized in advance with the documents and materials submitted by the other party before the oral hearing of the case.
3. If the arbitral tribunal finds the delay caused by either party to amend or supplement his claim or explanation thereof unjustified, it may impose on such party payment of the additional costs and expenses incurred by the other party due to the delay.
The arbitral tribunal may refuse to authorize such amendment or supplement to the claim or explanation thereof, having regard to any delay thereby caused.
§ 26. Evidence
1. The parties shall be required to prove the circumstances relied on to support their claims or defense.
The arbitral tribunal may require the parties to produce further evidence.
It also may, in its discretion, order an expert examination and request evidence to be produced by third parties, and also call and hear witnesses.
2. A party may submit written evidence in the original or as a certified copy of the original. The arbitral tribunal may demand that the parties submit the original documents.
3. The arbitral tribunal shall verify the acceptability, applicability and significance of the evidence.
The arbitrators shall assess the evidence according to their sole discretion.
4. Failure by either party to submit appropriate evidence shall not prevent the arbitral tribunal from continuing the proceedings and making an award on the basis of available evidence.
5. Evidence shall be submitted within such period of time as is specified in § 24 and 25 of these Rules.
§ 27. Oral Hearing
1. An oral hearing shall be held to allow the parties to present their case on the basis of the evidence submitted by them and for an oral debate.
The hearing shall be held in camera. The arbitral tribunal may, with the consent of the parties, allow persons who did not participate in the arbitral proceedings to be present at the hearing.
2. The parties shall be given notice of the time and place of the oral hearing so that they have at least 20 days to prepare for, and arrive at, the oral hearing. This period may be reduced by the consent of the parties.
3. Where subsequent oral hearings are required, the arbitral tribunal shall set the dates thereof in view of the particular circumstances and the possibility to reduce the period prescribed by sub-paragraph 2 of this paragraph.
4. Failure by a party properly notified of the time and place of the hearing to appear at the hearing shall not interfere with the proceedings and the making of an award, unless the defaulting party has requested in advance in writing that the hearing of the case be adjourned for a good reason.
5. A party may request the hearing of the case to be held in its absence.
6. A party may request to participate in the hearing by means of videoconferencing. Such a request is to be considered by the arbitral tribunal having regard to the circumstances related to the dispute, the opinion of the other party and technical feasibility.
The arbitral tribunal may hear witnesses or experts by means of videoconferencing.
7. A record of the oral hearing may be drawn up if the arbitral tribunal deems this expedient to give a brief description of the proceeding. The record is signed by members of the arbitral tribunal, and its copy is provided to a party at the latter’s request
8. After an oral hearing and, in view of circumstances of the case, the arbitral tribunal may offer that the parties submit by a deadline additional written statements, evidence and other documents pertaining to a limited number of issues covered by the claims or statements of defense, such as arbitration costs. The arbitral tribunal may consider such additional written materials without holding another oral hearing.
§ 28. Proceedings in the Case on the Basis of Written Materials
The parties may agree to arbitration of their dispute being conducted on the basis of written materials only, without holding an oral hearing. The arbitral tribunal may decide the dispute on the basis of written documents in the absence of agreement between the parties to this effect, if, without an unjustified delay, neither of the parties requests an oral hearing to be held.
§ 29. Adjournment of the Hearing and Suspension of the Proceedings
Where necessary, such as for the purpose of reaching an amicable agreement, the hearing of the case may be adjourned at the request of the parties or on the motion of the arbitral tribunal, or the proceedings in the case may be suspended. Adjournment of the hearing or suspension of the proceedings shall be directed by a ruling.
When a mediation agreement is submitted to the arbitral tribunal, the arbitral tribunal shall order a mediation procedure and suspend the proceeding.
The suspension period is not included in the time for the proceedings (sub-paragraph 5 § 30, § 32 of the Rules).
§ 30. Expedited arbitration
1. Unless the parties agree otherwise and provided that the total amount of claims filed by any parties in due time (not including claims for interest and reimbursement of arbitration costs) is not more than $15,000, the arbitral proceedings may be carried out as prescribed by this paragraph.
2. As a rule, a case is heard by a sole arbitrator appointed as prescribed by § 15 of the Rules.
3. The exchange of written statements between the parties is limited to the filing of a claim and a statement of defense and, in certain cases, a counter-claim and a relevant statement of defense thereto, unless the arbitral tribunal or, before an arbitral tribunal is formed, the Executive Secretary of MAC, deems it expedient to enable the parties to submit additional written statements, considering the circumstances of the case.
4. The proceedings are based exclusively on written materials, and there is no oral hearing unless either party requests an oral hearing without an unjustified delay or unless the arbitral tribunal decides that an oral hearing would be expedient, considering the circumstances of the case. There is only one oral hearing, as a rule.
5. MAC bodies and authorized representatives and the arbitral tribunal shall take measures to complete the proceeding within 120 days after the formation of the arbitral tribunal. If necessary, the period may be extended as prescribed by § 32 of the Rules.
6. When the total amount of claims exceeds the sum indicated in subparagraph 1 of this paragraph as a result of modification of or additions to the claim filed earlier by any party and the arbitral tribunal permits this modification or these additions, the expedited arbitration proceeding may continue.
7. Having regard to the complexity of the case and other circumstances, including modification of and additions to the claims filed earlier by any party, the arbitral tribunal may deem further expedited procedure to be inappropriate. The proceedings shall be carried on by the same arbitral tribunal. Before the arbitral tribunal is formed, MAC Chairman may decide not to conduct the expedited arbitral proceeding.
§ 31. Interim Measures of Protection
1. Unless the parties agree otherwise, the arbitral tribunal may, considering § 9 of the Rules, at the request of a party, order either party to take such interim measures of protection in respect of the subject matter of the dispute as it considers appropriate.
2. The arbitral tribunal may order either party to provide appropriate security in connection with the interim measures of protection taken.
3. The parties are obliged to comply with rulings and other procedural acts of the arbitral tribunal on interim measures of protection.
4. The arbitral tribunal may change, suspend or cancel the taken interim measure of protection on the motion of each of the parties or, where necessary, on its own initiative.
5. If a party approaches a competent state court with a request for measures to be taken to secure a claim to be filed, or already filed, with MAC, or if a public court has issued a decision to take such measures, the party shall give immediate notice thereof to the Secretariat and the arbitral tribunal.
§ 32. Proceedings timeframe
Relevant bodies and authorized representatives of MAC and the arbitral tribunal shall take measures to complete the proceedings within 180 days after the formation of the arbitral tribunal unless the Rules provide otherwise. MAC Presidium may extend time for the proceedings, if necessary, at the request of the arbitral tribunal or in its own discretion.
VII. TERMINATION OF ARBITRAL PROCEEDINGS
§ 33. Making of an Award
1. The arbitral tribunal has the exclusive power to make an arbitral award.
2. When the arbitral tribunal finds that all the circumstances related to the dispute have been clarified in sufficient detail, it shall declare the oral hearing closed and shall proceed to making an award.
3. An award shall be made in writing by a majority vote of the arbitrators, unless the parties agree otherwise. If an award cannot be made by a majority vote, it shall be made by the presiding arbitrator. Any arbitrator disagreeing with the award may express in writing his/her dissenting opinion, which shall be attached to the award.
4. The arbitral proceedings may be terminated either fully or partially with the making of an award.
§ 34. Contents of the Award
1. The award shall contain, in particular:
— case number;
— date of the award;
— place of arbitration;
—full names of the arbitrators and arbitral tribunal’s formation procedure;
— names (surname, first name and patronymic if any) of the parties in dispute and location (or place of residence) of the parties;
— a brief description of the progress of the arbitral proceedings;
— claims and statements of defense;
— reasons for jurisdiction of the arbitral tribunal;
— circumstances of the case established by the arbitral tribunal on which the award is based, and law applied in the proceeding;
— award motivation, including applicable law;
—conclusion of the arbitral tribunal on the granting or dismissal of the claim;
— amounts of arbitration fees and costs of the case, and apportionment thereof between the parties; and
— signatures of the arbitrators.
2. The date of the award shall be the date of the last signature affixed thereto by an arbitrator of the arbitral tribunal.
3. Where an arbitrator is unable to sign the award, MAC Chairman shall certify this circumstance with a statement of the reason for the absence of the signature of the arbitrator. In this event, the date of the award shall be the date of certification of this circumstance by MAC Chairman.
§ 35. Partial Award
1. The arbitral tribunal may make partial awards on individual issues or a part of the claims.
2. A partial award shall be subject to the respective provisions of § 34 of these Rules.
§ 36. Award on Agreed Terms
1. If, in the course of the arbitral proceedings, the parties settle their dispute, the arbitral proceedings shall be terminated. The arbitral tribunal may, at the request of the parties, record such settlement in the form of an award on agreed terms.
2. An award made on agreed terms shall be subject to the respective provisions of § 34 of these Rules. The arbitral tribunal shall indicate in the award its conclusions reflecting the dispute settlement terms reached by the parties.
§ 37. Announcement of the Award
1. Before the award is signed, the arbitral tribunal shall, within a reasonable time in advance, deliver the draft award to MAC Secretariat. MAC Secretariat may, without infringing on the independence of the arbitrators to make the award, direct the attention of the arbitrators to discrepancies, if any, between the draft award and the formal requirements placed on the award by these Rules. If such discrepancies are not rectified, MAC Secretariat may inform MAC Presidium of this.
2. The arbitral tribunal shall deliver the award made to MAC Secretariat in as many copies as is required for communication to the parties.
3. MAC Secretariat may communicate the award to the parties subject to full coverage of the arbitration costs of the case by the parties, unless such costs were covered by the parties or one of the parties previously.
§ 38. Correction, Interpretation, and an Additional Award
1. Either party may, with notice to the other party, within a reasonable period of time after receiving the award, request the arbitral tribunal to correct any computational, clerical or typographical errors, or other errors of similar nature.
If the arbitral tribunal considers the request to be justified, it shall make relevant corrections within 30 days after receipt of the request.
The arbitral tribunal also may make such corrections on its own initiative within 30 days after the date of delivery of the award to the parties.
2. Either party may, by notice to the other party, within 30 days after receipt of the award, request the arbitral tribunal to give an interpretation of a particular point or part of the award.
If the arbitral tribunal considers the request to be justified, it shall give the required interpretation within 30 days after receipt of the request.
3. Either party may, with notice to the other party, within 30 days after receipt of the award, request the arbitral tribunal to make an additional award as to any claims properly presented in the arbitral proceedings but not dealt with in the award.
If the arbitral tribunal considers the request to be justified, it shall make the additional award within 60 days of receipt of the request.
4. MAC Presidium may, if necessary, extend the periods referred to in the second part of sub-paragraph 1, second part of sub-paragraph 2, and second part of sub-paragraph 3 of this paragraph.
5. Any rulings as to the correction and interpretation of the award or an additional award shall be an integral part of the arbitral award, and shall be subject to the respective provisions of § 34 of these Rules.
§ 39. Execution of the Award
1. An arbitral award made by MAC shall be final and binding from the date thereof.
The parties and the arbitral tribunal shall ensure that the award is executable.
2. An arbitral award shall be implemented by the parties voluntarily within the period of time fixed in the award. If no period is fixed in the award, the award shall be implemented immediately.
3. An arbitral award that is not implemented voluntarily within the fixed period of time shall be enforced according to the applicable law and international agreements.
§ 40. Termination of the Proceedings without Making an Award
1. If no final award is made in a case, the arbitral proceedings shall be terminated by a ruling.
2. A ruling to terminate the proceedings shall be issued when:
(a) the claimant withdraws his claim, unless the respondent, within 15 days after receipt of the notice of withdrawal, raises objections to the termination of the proceedings and the arbitral tribunal recognizes a legitimate interest of the respondent in obtaining a final resolution of the dispute; or
(b) the parties agree on the termination of the proceedings; or
(c) the arbitral tribunal finds that continuation of the proceedings has become unnecessary or impossible for any reasons, in particular, in the absence of prerequisites required for the case to be arbitrated and decided on its merits, such as where, owing to the claimant's inaction, the case makes no progress for more than 120 days.
3. Paragraphs 33 through 38 of these Rules shall apply to a ruling to terminate the proceedings.
4. A ruling to terminate the proceedings shall be issued by the arbitral tribunal or, before the arbitral tribunal is formed, by MAC Chairman or the Presidium (in cases prescribed by sub-paragraph 3 § 2 of the Regulations on Organizational Principles of MAC Activity).
5. The termination of proceedings without making an award in itself does not prevent refiling of the claim if this opportunity has not been lost by reason of the grounds for the termination of proceedings, provisions of these Rules or applicable laws.
§ 41. Waiver of the Right to Object
Unless a party raises within the specified period of time or, where none is set, without unjustified delay, during the proceedings conducted at MAC, an objection to the non-compliance with any provision of these Rules or other MAC regulations, the arbitration agreement, or any applicable rules of arbitration, it shall be deemed to have waived its right to object.
§ 42. Confidentiality
1. Unless the parties agree otherwise, the arbitral proceedings are confidential.
2. Unless the parties agree or the applicable law provides otherwise, the parties, their representatives and others engaged by the parties in the arbitral proceedings shall refrain from disclosing information about disputes settled by MAC.
3. Arbitrators, reporters, experts appointed by the arbitral tribunal, MAC and its staff, and the RF CCI and its staff shall refrain from disclosing information about disputes settled by MAC, which they become aware of and which may impair the legitimate interests of the parties.
4. Arbitral awards may be published with the consent of MAC Presidium on the condition that names of the parties and other identifying information which may impair the legitimate interests of the parties are removed from the text of the awards.
§ 43. Application of MAC Rules
The Rules shall take effect at the date of their depositing with the authorized federal executive agency and apply to arbitral proceedings commenced on that date unless the parties agree otherwise or unless otherwise provided for by these Rules or applicable arbitration laws.
MAC wishes to thank arbitrator Bruce Harris and reporter (tribunal secretary) Darya Zhdan-Pushkina for their helpful comments with regard to the translation of these Rules.