The International Arbitration Court of the Juridical Centre

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==General Information==
==General Information==
* Official name: The International Arbitration Court of the Juridical Centre "IUS"
* Official name: The International Arbitration Court of the Juridical Centre "IUS"

Current revision as of 17:52, 2 June 2010


Contents

[edit] General Information

  • Official name: The International Arbitration Court of the Juridical Centre "IUS"
  • Country: Russia - The Republic of Kazakhstan
  • City: St. Petersburg - Almaty
  • Type of organization: Non-profit organization
  • Date of creation: -
  • Interests: Arbitration - Mediation
  • Fields of expertise: International Commercial Disputes

[edit] Description

With the purpose of rendering practical help in the field of international commercial dispute resolution, we would like to inform you about the International Arbitration Court «IUS».

During the last ten years, international commercial arbitration has gained worldwide acceptance as the normal means of resolving international commercial disputes.

The International Arbitration Court «IUS» (hereinafter – the Court «IUS») is the recognized arbitration centre with significant experience in the field of international dispute resolution, which settles disputes since 1993. The Court «IUS» is founded by the Association «Juridical Centre» (St. Petersburg, Russia) and the Public Found «Juridical Centre «IUS» (Almaty, Kazakhstan) for the specific task of providing the activity of the Court.

The International Arbitration Court «IUS» has had two arbitral institutions: the Russian institution and the Kazakhstani institution, which are independent and permanent arbitral institutions. One of them is situated in St. Petersburg (Russia) and another is located in Almaty (with branches in other cities of Kazakhstan).

The International Arbitration Court «IUS» has the unified Board and the unified Rules.

The Court «IUS» has the agreements of co-operation with a number of arbitration bodies from many different countries of the world. For example, the Court «IUS» has agreements of co-operation with the Arbitration Institute of the Stockholm Chamber of Commerce and the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agriculture Chamber of the Czech Republic (Prague). Direct contacts have been established with the London Court of International Arbitration (LCIA), with the International Court of Arbitration of the International Chamber of Commerce (ICC) and also with the China International Economic and Trade Arbitration Commission (CIETAC).

The Court «IUS» constantly:

  • Organizes regional theoretical and practical seminars on topics of arbitration activity;
  • Conducts scientific and practical conferences (as national as international) on arbitration and mediation matters;
  • Issues special-purpose literature in English and Russian.

[edit] The Enforcement of the Awards of the International Arbitration Court «IUS»

Award of the International Arbitration Court «IUS» is enforced both voluntarily and compulsory.

The International Arbitration Court «IUS» is an international arbitration and its awards are recognized and enforced in conformity with the New York Convention (about 150 countries signed the convention), and also in conformity with other international conventions and agreements in the order stipulated by the procedural legislation of the country of execution, for example in accordance with Codes of Civil Procedure.

The enforcement of the awards of the Court «IUS» in Russian territory shall be made in accordance with the provisions of the Russian Code of Arbitration Procedure, the Russian Code of Civil Procedure, and the Laws of the Russian Federation: «About International Commercial Arbitration» of 1993 and «About Reference Tribunals» (About Domestic Arbitrations) of 2002.

In the territory of Kazakhstan, the awards are enforced according to the rules established by the Kazakhstan Code of Civil Procedure, the Law of the Republic of Kazakhstan «About Final Process and Status of the Law Enforcement Officers» and also the Laws of the Republic of Kazakhstan: «About International Commercial Arbitration» of 2004 and «About Reference Tribunals» (About Domestic Arbitrations) of 2004.

Awards of the Court «IUS» can be presented for enforcement within three years from the moment of the introduction of the award into enforceability.

[edit] The Competency, Arbitration and Conciliation Rules of the International Arbitration Court «IUS»

The Court «IUS» offers business a full spread of dispute resolution services, with arbitration at the core.

The Court «IUS» settles any claims involving an economic interest that lies within the jurisdiction of the state courts. In this connection the term «claims involving an economic interest» is to be understood broadly. It also encompasses claims that are not aimed at a payment.

The disputes can be settled under the Russian or Kazakhstani law or under the domestic law of any other state chosen by the parties. The parties have capability to give the chosen arbitrators the right to settle the dispute ex aequo et bono.

One of the function of the Court «IUS» is to provide for settlement by arbitration of any business disputes and other disputes in accordance with the Rules of Arbitration of the International Arbitration Court «IUS».

The Court «IUS» can be acted as an appointing authority or institution providing technical, secretarial and other administrative services during ad hoc arbitration proceedings in accordance with UNCITRAL Arbitration Rules.

The Court «IUS» provides cost-effective administration of arbitration, mediation and other methods of Alternative Dispute Resolution (hereinafter – ADR) in different venue and under different systems of law.

Arbitration under the Court «IUS» rules is distinct from all forms of dispute resolution that come under the heading of ADR. Unlike ADR, arbitration culminates in a binding award enforceable in most countries.

The Court «IUS» offers an array of non-binding dispute resolution techniques that will only work if the parties are willing to accept them voluntary. It is then open to the parties to reach a binding settlement agreement if they so wish.

The Court «IUS» offers the follow of ADR techniques: mediation or conciliation; neutral evaluation, including an issue of fact, a technical issue and an issue of law.

Mediation or conciliation is administered by the Court «IUS» in accordance with its Rules of Mediation. The Rules is designed under the UNCITRAL Conciliation Rules.

The Court «IUS» is an international institution, offering efficiency, flexibility and neutrality to all parties involved in dispute resolution under its auspices, regardless of location.

[edit] The composition of the Arbitration «IUS»

The composition of the Court «IUS» includes about 90 arbitrators from many countries of the world (including arbitrators from Belarus, Czech Republic, China, Georgia, Germany, India, Kazakhstan, Kyrgyzstan, Latvia, Poland, Russia, Sweden, Ukrain, United Kingdom, USA, Uzbekistan).

The arbitrators are highly qualified experts in Law, Economics, Financing, Investments and Securities, Bankruptcy and Insolvency, Taxation, Insurance, Shipping including sea shipping, and other spheres of humanitarian and technical expertise. Many of the arbitrators are professors with honorary and advanced academic degrees, and members of international organizations (ILO etc.). The Chairman, the Deputy Chairman of the Court «IUS» and some of its arbitrators have created the specialized training course «The International Commercial Arbitration» and teach it for the students of the leading higher law schools of Russia and Kazakhstan, for example, at the St. Petersburg State University, at the Academy of Jurisprudence - Higher Law School «Adilet» and at the Kazakh Humanitarian Law University.

The arbitrators of the Court «IUS» and some others experts have drafted of the laws of the Russian Federation and the Republic of Kazakhstan concerning International Commercial Arbitration and the Domestic Arbitration Court. The drafts of legislative acts of the Republic of Kazakhstan were offered for discussion by lawyers and businessmen, on pages of the digest – «International Commercial Arbitration» which was published by the Court «IUS» in Almaty 2002.

[edit] Contact

Office 11, the Embankment of Fontanka River 103, St. Petersburg 190031, the Russian Federation - Russia

Tel/Fax: +7 812 570 73 36

Email: iusspb@inbox.ru

Official Website

Office 01, Tole Bi Street 69, Almaty 050000 - The Republic of Kazakhstan

Tel: (327) 272 92 11

Fax: (327) 272 49 97

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