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Article 1. General regulations |
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(1) Business Arbitration Court (Business arbitration, Третейский суд бизнеса, Busine Schiedsgericht), hereinafter – the Arbitration Court – is the Arbitration Court, which acts independently and is established to settle disputes subject to the Arbitration Court. (2) The Business Arbitration Court was established on January 31, 2000 by the Joint Stock Company "Biznesa drošība" [“Business safety”] (registered with the Register of enterprises of the Republic of Latvia on March 31, 1993 under No. 0003112299, re-registered on March 31, 2005 with the Commercial Register of the Register of enterprises of the Republic of Latvia as the Limited Liability Company "Biznesa drošība", the united registration No. 400031122994). (3) The Arbitration Court acts on the basis of Part D of the Law on Civil procedures, the other laws being in force in the Republic of Latvia, international treaties and conventions related to operation of the Arbitration Court, Regulations of the Arbitration Court and the Standing Order of the Arbitration Court. (4) Business Arbitration Court may settle any civil dispute, if the parties concerned have agreed upon bringing the respective dispute for consideration in the Arbitration Court, except a dispute:
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which hearing may involve rights or interests protected by law of such person, who is not a participant of the Arbitration Court proceedings;
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where even a single party is the state or local government institution or if by the decision of the Arbitration Court might be involved rights of the state or local government institutions;
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which is connected with changes in the Register for Acts of civil status;
- concerning rights and obligations or interests protected by law of persons being under tutelage or guardianship;
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on establishing, changing or termination of real right in respect of real estate, if a participant of the dispute is a person, whose rights to acquire real estate in ownership, possession or use are restricted by law;
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on evicting a person from living premises;
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between an employee and employer if the dispute has occurred by concluding, changing, terminating the employment agreement, as well as by applying or interpreting regulations of the statutory acts, regulations of the collective employment agreement or the work order (an individual dispute on labour law);
- on rights and obligations of the persons, who till taking and announcing of the Arbitration Court decision are declared insolvent.
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Article 2. Procedural norms applicable to the dispute settlement |
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(1) The Arbitration Court is bound by procedural norms provided in the Part D of the Civil Process Law, the other procedural norms laws, stipulated by the Civil Process Law, as well as procedural norms stated by the other laws being in force in the Republic of Latvia, international treaties and conventions, where the Republic of Latvia is a participant of, the Regulations of the Arbitration Court and this Standing Order and agreement of the Parties. (2) Proceedings of the Arbitration Court are regulated by the procedural norms being in force when the dispute settled, separate procedural actions are carried out or rulings of the Arbitration Court are executed.
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Article 3. Norms of material rights applicable to the dispute settlement |
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(1) In the course of settling the dispute the Arbitration Court guides in accordance with the legal norms and business practice, which the Parties have agreed on, insofar such agreement of the Parties is not in contradiction with stipulations of the Articles 19, 24 and 25 of the Civil Law of the Republic of Latvia. (2) Where the parties have not agreed upon laws or business practice in accordance whereof their mutual relations are to be discussed, or the Arbitration Court has adjudged such agreement invalid, legal relations of the Parties are subject to the legal norms to be determined in accordance with the Introduction stipulations of the Civil Law of the Republic of Latvia.
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Article 4. Work organisation of the Arbitration Court |
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Work of the Arbitration Court is led by the chairman of the Arbitration Court, who performs functions set forth in the Standing Order and Regulations of the Arbitration Court, in order to supervise and provide work of the Arbitration Court, as well as establishing composition of the Arbitration Court and its work.
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Article 5. Meaning, Parties and Form of the Arbitration Court Agreement |
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(1) The Arbitration Court Agreement is an agreement on referring the dispute, which has already occurred or might occur in the future, for settlement to the Arbitration Court. (2) The Arbitration Court Agreement may conclude a capable physical person independent on citizenship and domicile and a legal entity registered in Latvia or in a foreign state. (3) The Arbitration Court Agreement is to be concluded in writing. Consent of the Parties on referring the dispute to the Arbitration Court (The Arbitration Court Agreement) may be expressed:
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as a separate agreement;
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as a special stipulation in the Agreement of the Parties (the Clause on the Arbitration Court);
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by exchanging letters, faxorgams, telegrams between the Parties or by use of the other telecommunication means, which provide that will of the Parties to bring a dispute or a possible dispute for settlement to the Arbitration Court is fixed.
(4) When the Parties have agreed upon referring the dispute for settlement to the Arbitration Court, but have not stated the particular Arbitration Court and the claimant has brought the claim to the Business Arbitration Court and when the other counterparty has no objections on it, the dispute is subject to this Arbitration Court. (5) By settling the dispute the Arbitration Court guides in accordance with the Standing Order of the Arbitration Court and its Addendums being valid at the moment of hearing the dispute.
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Article 6. Arbitrators |
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(1) An arbitrator is a physical person, who in accordance with the Arbitration Court Agreement and stipulations of this Standing Order is appointed for settling the dispute. (2) The arbitrator is not a representative of the Party that has appointed him/her. The arbitrator fulfils his/her obligations in good faith, disobeying any influence, he/she must be independent and objective.
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Article 7. Composition of the Arbitration Court |
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(1) The Arbitration Court settles disputes in composition of a single arbitrator, unless the Parties have agreed on the other number of arbitrators. The parties may determine the order of appointing the arbitrators. If the Parties have not agreed on the order of appointing the arbitrators, the arbitrators are appointed by the chairman of the Arbitration Court. (2) Number of arbitrators shall be odd. (3) Where the Parties have not agreed on number of arbitrators, the Arbitration Court consists of one arbitrator. In this case the arbitrator is appointed by the chairman (the deputy chairman) of the Arbitration Court. When the dispute is settled by one arbitrator, but the Party does not specify, which arbitrator from the list of arbitrators settles the dispute, then the arbitrator is appointed by the chairman (the deputy chairman) of the Arbitration Court. (4) When the Parties have initiated settlement of the dispute by three arbitrators and have chosen one arbitrator each, then these arbitrators choose the third arbitrator. If both arbitrators can not agree on the third arbitrator, then he/she is appointed by the chairman (the deputy chairman) of the Arbitration Court. (5) When any of the Parties has not specified the arbitrator chosen by him/her, then he/she is appointed by the chairman (the deputy chairman) of the Arbitration Court. (6) When the Party has appointed the arbitrator and the other Party has been notified thereof, then he/she may not revoke this arbitrator without consent of the other Party. (7) The arbitrator may be challenged, if there are circumstances, which induce justified doubts on his/her impartiality and independence, as well as if his/her qualification does not correspond to the same, agreed upon by the Parties. The Parties may challenge the arbitrator appointed by themselves or the arbitrator in appointing of whom they will participate, only if the reasons for challenge have come known to this Party after appointment of the arbitrator. (8) The Party wishing to challenge the arbitrator shall send to the Arbitration Court within fifteen (15) days a notification, by pointing therein which arbitrator he/she challenges and the reasons for challenge. If the arbitrator in respect of whom challenge is declared does not abandon execution of his/her duties, the issue on challenge is decided by the remaining arbitrators. When the dispute is considered by one arbitrator, the issue of challenge is decided by this arbitrator. (9) Termination of powers of an arbitrator:
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An arbitrator is entitled to waive settlement of the dispute by notifying the chairman of the Arbitration Court in writing.
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The Parties are entitled to agree on termination of powers of the arbitrator by executing this agreement in writing and submitting it to the Arbitration Court.
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Powers of the arbitrator terminate:
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when challenge of the arbitrator is accepted;
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when the arbitrator has abandoned settlement of the dispute;
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when the Parties agree on termination of powers of the arbitrator;
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by declination of the arbitrator;
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by the arbitrator’s death.
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When powers of the arbitrator have terminated, a new arbitrator is to be appointed in accordance with procedures set forth in this Standing Order.
(10) Upon request of either Party the chairman of the Arbitration Court may decline the arbitrator at any stage of the Arbitration Court in a case, if due to absence, illness or the other reasons the arbitrator does not fulfil his/her duties longer than 14 days.
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Article 8. Jurisdiction of the dispute |
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(1) Jurisdiction of the dispute is decided upon by the Arbitration Court also in cases, when any Party contests existence of the Arbitration Court Agreement or its validity. (2) The Party may bring the notification concerning that the dispute is not subject to the Arbitration Court till the day, when the term established for submitting a reference to the claim terminates. (3) The Arbitration Court may decide upon the issue on jurisdiction of the dispute at any stage of proceedings of the Arbitration Court. If jurisdiction of the dispute in competence of the Arbitration Court is contested till appointment of the composition of the Arbitration Court, the said issue may be decided upon by the chairman of the Arbitration Court, but if jurisdiction is contested after appointment of the composition of the Arbitration Court, this issue is decided upon by the composition of the Arbitration Court. (4) When objections concerning that a part of the dispute is not in competence of the Arbitration Court raise to any Party in connection with additions or changes of the claim, counterclaim or additions or changes thereof, the said objections must be expressed immediately, as soon as the as the Arbitration Court proceeds to consideration of these claims. (5) Where the Arbitration Court recognizes that the dispute or a part thereof is not in competence of the Arbitration Court, it terminates proceedings of the Arbitration Court or a part thereof in accordance with procedures established in this Standing Order.
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Article 9. Procedural terms |
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(1) Procedural actions shall be performed within the terms set by this Standing Order. Where the terms for the procedural actions are not set by this Standing Order, these are determined by Arbitration Court. (2) Execution of procedural actions is subject to setting a precise date or term lasting till the set date or the set period of time (in years, months, days or hours). Where the procedural action is not to be performed on the precise date, it may be performed at any time during the set term. (3) If the final day of the term is Saturday, Sunday or an official holiday, the next working day is regarded as the final day of the term. (4) When the procedural action is to be performed at the Arbitration Court, the term is regarded as expired on the hour, when the Arbitration Court finishes its work in accordance with its internal working regulations. However, if the statement of claim or other correspondence is delivered to the correspondence institution on the final date of the term till twenty-four o'clock, they shall be regarded as delivered on time.
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Article 10. Consequences of delaying the procedural terms. Suspension, renewal and prolongation thereof |
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(1) The rights to perform the procedural actions cease to exist by expiry of the term established by this Standing Order or by the Arbitration Court. (2) By suspending proceedings of the Arbitration Court run of the term is suspended. Run of the term stops at the moment, when the circumstance provoking suspension of the Arbitration Court proceedings has appeared. Run of the procedural term continues from the day, when proceedings of the Arbitration Court are renewed. (3) Upon the request from the Party the Arbitration Court may renew the delayed procedural terms in case the court recognizes the reasons for delay as justified. By renewing the delayed term the Arbitration Court simultaneously allows performing the delayed procedural action. (4) The Arbitration Court may prolong the set terms upon a justified request of the Party. (5) When the request on the term prolongation or renewing of the delayed term is submitted till appointment of the composition of the Arbitration Court, then it may be decided by the chairman (the deputy chairman) of the Arbitration Court, but when the request is submitted after appointment of the composition of the Arbitration Court, then it is decided by the composition of the Arbitration Court.
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Article 11. Correspondence |
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(1) In proceedings of the Arbitration Court all notices, applications and other type of correspondence shall be sent by a registered letter or otherwise, fixing the fact of sending, or shall be delivered to addressee personally against his/her signature. (2) Correspondence is regarded as received, if it is delivered to the addressee personally or sent to the postal address indicated by the addressee, or to the location place of the legal person (officially registered address), or a place of residence of a physical person, but where the address cannot be found out - to the last known address.
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Article 12. Confidentiality of the Arbitration Court proceedings |
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(1) Proceedings of the Arbitration Court are confidential. The Arbitration Court sessions are closed sessions. Persons not participating in the proceedings may be present at the session of the Arbitration Court only with consent of the parties. (2) The Arbitration Court does not disclose the information on the Arbitration Court proceedings to the third parties and does not make this information publicly available.
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Article 13. Procedural order of the Arbitration Court |
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(1) The Parties are entitled to determine procedural order of the Arbitration Court freely. (2) Where the Parties have not agreed on procedural order of the Arbitration Court, the Arbitration Court settles the dispute in accordance with this Standing Order. (3) When the Parties have agreed on the separate stipulations of the Arbitration Court proceedings, the Arbitration Court observes agreement of the Parties, but in the remaining part guides in accordance with the Standing Order of the Arbitration Court.
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Article 14. Language of the Arbitration Court. |
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(1) Proceedings in the Arbitration Court are held in the official language of the Republic of Latvia or in language agreed upon by the Parties. (2) Where the Arbitration Court composition or one of the arbitrators or participants of the proceedings do not have a command of the language, which proceedings are held in, the Arbitration Court invites an interpreter. The Arbitration Court defines the payment order for the services of the interpreter, observing stipulations of the Appendix 2 to the Standing Order. (3) The Arbitration Court may request from the Parties to provide translation of any written proof or translation, certified by notary, into the language of proceedings or into the official language .
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Article 15. Representation of the Parties |
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(1) Physical persons lead their cases in the Arbitration Court by themselves or through authorized representatives. Representation of physical persons shall be formalized by the power of attorney certified by the notary. (2) The cases of the juridical persons in the Arbitration Court are lead by their officials acting according to powers assigned to them by law, the Articles of Association and / or the appropriate regulations, or the other authorized representatives of juridical persons. The representation rights of the juridical persons must be executed by a written Power of Attorney or documents confirming the right of the official to represent the juridical person without special authorization. (3) Any physical or juridical person may act as a representative of the Party. (4) Parties during the Arbitration Court proceedings may invite attorneys to provide legal assistance.
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Article 16. The place of the dispute settlement |
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(1) The Parties may agree on the place of the dispute settlement freely. Where the parties have not agreed on the place of the dispute settlement, it is determined by the Arbitration Court. (2) For revision of evidence the Arbitration Court may collect together at any place, which it regards as suitable, by notifying about it the participants of the Arbitration Court proceedings. (3) Where the parties have agreed on the place of the Arbitration Court proceedings, the parties shall cover the travel and living expenses of the arbitrators.
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Article 17. Commencement of the Arbitration Court proceedings |
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(1) The Arbitration Court proceedings start by the moment of submitting the statement of claim. (2) Statements of claim shall be brought to the Arbitration Court in writing in Latvian language or in language provided in the Agreement of the Parties on referring to the Arbitration Court, together with as many copies and all addendums as many respondents, judges there are in the case to be considered and one original to the Arbitration Court.
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Article 18. The Statement of claim |
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(1) The statement of claim shall state:
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Information about the parties: Juridical persons: name and place of location (official address), registration number, as well as phone and fax number, if known to the plaintiff. Physical persons: name, surname, residence place and personal code, as well as phone number, if known to the plaintiff.
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Subject of the claim, amount, calculation of the claim amount;
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Ground for action and confirming evidence;
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Applicable law, which the claim is based on;
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Essence of the plaintiff's claim;
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List of the enclosed documents.
(2) The statement of claim shall be accompanied by:
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Agreement of the parties on the Arbitration Court, unless it is included in the Agreement in connection whereof the dispute has occurred;
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Agreement in connection whereof the dispute has occurred;
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Documents referred to by the plaintiff in the statement of claim;
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As many copies of the statement of claim as there are respondents for the case;
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Evidence on payment for the Arbitration procedure expenses and arbitrator's fee.
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Reference, which certify physical person's legal address or juridical person's legal address.
(3) The statement of claim shall be signed and submitted by the plaintiff or his/her representative. Where the claim is raised by a representative on behalf of the plaintiff, the statement of claim shall be supplemented by the Power of Attorney or the other document confirming empowerment of the representative to raise the claim.
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Article 19. Actions of the Arbitration Court after receipt of the Statement of claim |
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(1) Where the statement of claim and the enclosed documents are in compliance with the requirements of this Standing Order and confirmation of the payment for the Arbitration procedure expenses and arbitrator's fee is received, the chairman of the Arbitration Court without delay sends to the respondent a notification about receipt of the statement of claim and copy thereof. The Notification contains offer to the respondent to submit the reply to the claim, by indicating the objections, if there are any, and enclosing the documents justifying the objections. (2) The Parties may familiarize with statements of claims and the other materials of the case in the Arbitration Court during working hours.
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Article 20. Reply to the claim |
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(1) The respondent shall submit the reply to the statement of claim to the Arbitration Court and to the plaintiff within 15 (fifteen) days after the day of sending the notification about receipt of the statement of claim. (2) Taking into account the location of the respondent, the complexity of the dispute and the number of the respondents the chairman of the Arbitration Court at own discretion may determine a longer time period for submitting the reply to the statement of claim, however, it may not be longer than objectively necessary and shall not exceed 30 (thirty) days. (3) The respondent shall include into his/her reply objections against the claim, if there are any, and provide the documents justifying his/her objections. The Party shall provide simultaneous sending to the other Party copies of the reply (with the enclosures) also. (4) Upon receiving the reply the chairman of the Arbitration Court without delay shall notify the plaintiff accordingly.
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Article 21. Counterclaim |
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(1) The respondent may submit a counterclaim. (2) The counterclaim shall be submitted in a written form. The counterclaim is governed by the same stipulations of the Standing Order that refer to the statement of claim. (3) The counterclaim may be submitted within the term as determined for the submission of claims. (4) The Arbitration Court accepts the counterclaim where the subject of the counterclaim is covered by the Arbitration Court Agreement and:
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Mutual setoff is possible between the initial claim and counterclaim;
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Satisfaction of the counterclaim partially or fully excludes satisfaction of the initial claim;
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The counterclaim and initial claim are interconnected and their joint consideration will facilitate faster and more correct settlement of the case.
(5) The decision on accepting the counterclaim is taken by the Chairman of the Arbitration Court (6) The counterclaim accepted by the Arbitration Court is considered together with the initial claim.
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Article 22. Setting the date of the Arbitration Court session |
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(1) After the respondent's reply is received or the term set for submitting the respondent's reply has expired and appointment of the composition of the Arbitration Court has taken place, the composition of the Arbitration Court sets the date and time of the Arbitration Court session. The day of the Arbitration Court session shall be set not later than within 20 (twenty) days after the date of appointment of the composition of the Arbitration Court. (2) After setting the date of the Arbitration Court session the chairman of the Arbitration Court without delay notifies the participants of the case on the day and time of the Arbitration Court and the composition of the Arbitration Court. (3) The notification set forth in the part 2 of this Article on the first session of the Arbitration Court shall be sent to the participants of the case not later than fifteen (15) days before the Arbitration Court session, unless the Parties have agreed on shorter term.
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Article 23. Settlement of dispute |
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(1) Taking into account the Arbitration Court Agreement concluded by the Parties, the Arbitration Court arranges sessions for hearing the explanations and objections of the Parties, as well as to perform revision of the evidence (verbal hearing) or settles the dispute on the basis of the submitted written evidence and materials (written procedure) only. The Arbitration Court arranges verbal hearings also where the Parties have agreed on the written procedure but any of the Parties before termination of the Arbitration Court proceedings with the decision asks for verbal procedure or the composition of the Arbitration Court comes to the conclusion that submitted evidence and materials are insufficient for settling the dispute. (2) Taking into account stipulations of this Standing Order and the agreement between the Parties, the Arbitration Court may convene the dispute settlement proceedings in a way as it regards useful, provided that the dispute is settled without undue delays and the Parties are given equal rights to explain their opinion and defend their rights. The Arbitration Court proceedings are led by the chairman of the composition of the Arbitration Court. (3) The dispute settlement by means of verbal proceedings starts from the moment when on the set date and time Chairman of the composition of the Arbitration Court opens the Arbitration Court session and announces commencement of the dispute settlement. (4) Dispute settlement by means of written proceedings starts from the moment when the composition of the Arbitration Court meets for dispute settlement. (5) In a case of written proceedings a copy of the award of the Arbitration Court shall be sent to the Parties within three days.
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Article 24. Consequences, when the Party fails to participate in the Arbitration Court proceedings |
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(1) Where the respondent within the term determined by this Standing Order fails to submit the reply to the statement of claim, the Arbitration Court continues the proceedings without considering such non-submission as that the respondent admits the claim, unless otherwise provided in the Arbitration Court Agreement. (2) Where the Parties without justified reasons fail to report themselves to the verbal session of the Arbitration Court or fail to present written or the other evidence, the Arbitration Court continues proceedings and settles the dispute on the basis of the available evidence.
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Article 25. Protocol |
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(1) Minutes of the Arbitration Court sessions are kept only where one of the Parties has asked for this and paid to the Arbitration Court remuneration for the secretarial services. Request to keep the minutes of the session shall be submitted remuneration for the secretarial services paid not later than within 2 days before Arbitration Court session. (2) The Minutes keeps a secretary chosen by the Arbitration Court. The Protocol of the Arbitration Court is to be signed by all arbitrators and the secretary. The Protocol of the Arbitration Court session shall be signed within 3 (three) days after the Arbitration Court session. The Parties are entitled to familiarize with the Protocol and within five (5) days upon its signing to submit written remarks or objections concerning the Protocol. Grounds of objections or compliance of remarks to the issues that have taken place during the Arbitration Court session are decided upon by the Arbitration Court.
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Article 26. Evidence |
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(1) The following means may represent evidence in the Arbitration Court: explanations of the Parties, written evidence, tangible evidence and findings of experts. (2) Evidence are submitted by the Parties. Each Party shall prove the circumstances to which they refer as to justification for his/her claim or objections. The Arbitration Court may invite the Parties to submit additional documents or other evidence. (3) Written evidence shall be submitted in the form of the original document or a certified copy thereof. Where the Parties submit a certified copy of the document, the Arbitration Court itself or upon the request from the other Party may ask to submit the original document. The original document upon request of the person, who has submitted this document is given back by the Arbitration Court, by leaving in the case materials a certified copy thereof. (4) Arbitration court shall on its own define the relevancy, admissibility and validity of the evidence.
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Article 27. Expertise |
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(1) Unless otherwise stated in the Arbitration Court Agreement, an expertise may be ordered on the basis of a motivated written request of the Party. Expertise shall be ordered in cases when special knowledge in science, technical science, art or other sphere is required to clarify facts important in the dispute. (2) Where the Arbitration Court admits that request form the Party is valid, the Arbitration Court adopts the decision on ordering an expertise or inviting experts. Expertise is ordered only where the Party within the term determined by the Arbitration Court effects advance payment to the Arbitration Court for the expert services. The Arbitration Court determines amount of the advance payment. (3) In the request about ordering the expertise the Party shall indicate the issues that the Party considers requiring findings of the expert. The other Party is entitled to submit to the Arbitration Court issues requiring findings of the expert. Issues requiring findings of the expert are determined by the Arbitration Court. Where issues asked by the Parties are declined, the Arbitration Court shall explain the motivation. (4) The Arbitration Court decision on ordering the expertise shall indicate which issues require findings of the expert and who has been assigned to perform the expertise. (5) Expertise is performed by the experts from the appropriate expertise institutions or by other specialists. The expert is selected by the Parties based on their mutual agreement, but where such agreement is not reached, then the expert is chosen by the Arbitration Court within the term stated by the Arbitration Court. Where necessary, the Arbitration Court selects several experts. (6) At request of the Arbitration Court the Parties provide the expert with the necessary information or documents or demonstrate the goods and other objects. (7) At request of the Party the Arbitration Court invites the expert after providing findings to participate in the Arbitration Court session in order to give the explanations and answer the questions of the Parties regarding the findings.
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Article 28. Procedural consequences where the Party quits proceedings |
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(1) The fact itself that the physical person being one of the Parties has died or the juridical person being one of the Parties has ceased to exist does not terminate the Arbitration Court Agreement, unless otherwise agreed between the Parties and the legal relationship under the dispute allows succeeding of rights. In this case the Arbitration Court suspends the Arbitration Court proceedings till the successor of rights is determined. (2) Cession of the claim or the debt transfer may constitute the basis for termination of the Arbitration Court proceedings only when the Arbitration Court Agreement is cancelled in accordance with the procedures defined by law or the agreement.
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Article 29. Rights to object |
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(1) Where any of the stipulations of the Arbitration Court proceedings is infringed or is not observed, the Party participating in the Arbitration Court proceedings, as soon as he/she has become aware of the infringement or when it should have got known, without delay submits the to the Arbitration Court and the other Party written objections. (2) The Arbitration Court decides on validity of the objection. (3) Where the Party fails to submit objections, it is deemed that he/she has waived his/her rights to raise these objections.
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Article 30. Adjudication |
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(1) All rulings (awards and decisions) of the Arbitration Court, consisting of more than one arbitrator, are adopted by simple majority of votes. The arbitrator may not refuse from voting. (2) The composition of the Arbitration Court in accordance with its own decision adopts the award in the hall of Arbitration Court sessions or in the discussion room. (3) The Arbitration Court makes the ruling in written form and it is to be signed by all arbitrators, but where the award is not signed by one of the arbitrators, it shall state the grounds why his/her signature is missing. (4) Signatures of the arbitrators on the ruling are certified by the steal of the Arbitration Court. (5) The ruling of the Arbitration Court sets into force on the date when it is adopted. It may not be appealed and in connection with it no protest may be submitted. (6) Where by the ruling of the Arbitration Court the Parties are obliged to reimburse the Arbitration Court additional costs of the Arbitration Court proceedings, the copy of the ruling is issued or sent to the Party only after effecting payment stated in the ruling.
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Article 31. Amicable settlement |
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(1) The Arbitration Court conduces the amicable dispute settlement. (2) The amicable settlement is allowed at any stage of the Arbitration Court proceedings. Where the Parties conclude the amicable settlement of the dispute, the Arbitration Court terminates the proceedings. (3) The Parties conclude the amicable settlement of the dispute in writing and indicate therein: for juridical persons - name, registration number and place of location (official address), for physical persons - name, surname, personal code and place of residence as well as the subject of the dispute and the liabilities of each Party voluntarily undertaken by them to fulfil. (4) In accordance with request of the Parties, the Arbitration Court confirms the amicable settlement of the dispute by its decision, provided conditions of the settlement are not in contradiction with the law. Such decision shall comply with Articles 30 and 32 of this Standing Order and shall have the same legal force as the award of the Arbitration Court. (5) The Arbitration Court may approve the amicable settlement of dispute without participation of the Parties, provided the amicable settlement of dispute is certified by a notary (for physical persons) or the amicable settlement of dispute is approved by the official with signatory rights of the juridical person and confirmed by seals of the juridical persons and includes a notice of the Parties that they are aware of the procedural consequences of approval of the amicable settlement of the dispute.
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Article 32. Award |
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(1) Award of the arbitration court shall state:
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Case number;
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Composition of the Arbitration Court;
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Date and place of rendering the award;
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Information about the Parties;
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Subject of the dispute;
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Award motivation, unless the Parties have agreed otherwise;
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Conclusion on full or partial satisfaction of the claim, or about its full or partial rejection and essence of the award of the Arbitration Court ;
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Amount to be collected where the rendered award stipulates recovery of money;
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Specific property and its value that is to be collected in case the property is missing, where the rendered award stipulates the property restitution in kind;
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who, what activities and within what term are to be executed where the rendered award imposes obligation to perform specific actions;
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Which part of the award concerns each of the plaintiffs where the award is rendered in favour of several plaintiffs, or which part of the award is to be executed by each of the respondents, where the award is rendered against several respondents;
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Costs of the Arbitration Court proceedings and allocation of these costs and expenses for legal support between the Parties.
(2) After rendering the award the Parties are notified on the substantive part of the award. The Arbitration Court compose the award within 10 days. (3) Rendering the award that stipulates recovery of money, the Arbitration Court in its substantive part indicates the type of the claim and the sum to be collected, by specifying separately the basic debt amount and interest, period of time for which the interest is adjudicated, as well as right of the plaintiff to receive interest for the time period till execution of the award (the day of auction), by specifying also the amount. (4) Rendering the award on the property restitution in kind, the Arbitration Court in its substantive part specifies the particular property, as well as states that in a case when the property is missing the respondent is subject to collection of its value, by specifying the particular amount. (5) Where the rendered award imposes obligation to perform specific actions, the Arbitration Court determines who exactly has to perform which specific actions and within what term. (6) Rendering the award that imposes upon the respondent the obligation to carry out the specific actions that are not connected with money or property transfer, the Arbitration Court in its award may specify that in the case the respondent during the set time does not discharge the award obligations, the plaintiff is entitled to perform these actions at the respondent's account with further collection of the relevant expenses from the respondent. (7) Where the award is rendered in favour of several plaintiffs, the Arbitration Court determines which part of the award concerns each of them or that collection rights are joint. (8) Where the award is rendered against several respondents, the Arbitration Court determines which part of the award is to be executed by each of them or that their responsibility is joint. (9) The Arbitration Court issue to the Parties copy of the award.
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Article 33. Adjournment of dispute settlement. |
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(1) The Arbitration Court is obliged to adjourn settlement of the dispute, when one of the case participants fail to appear at the Arbitration Court session and he/she is not informed about the time and place of the Arbitration Court session. (2) The Arbitration Court may adjourn the dispute settlement:
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Where admitted that the dispute cannot be settled due to one of the participants, a secretary, expert or interpreter has failed to appear;
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At request of the participant in order to give him/her a possibility to submit additional evidence;
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Upon own initiative in order to resolve the procedural issues.
(3) The Arbitration Court notifies the participants on the date and place of the next Arbitration Court session against their signatures or summons by subpoenas.
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Article 34. Suspending of the Arbitration Court proceedings |
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(1) The Arbitration Court is obliged to suspend the Arbitration Court proceedings when:
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The participating physical person has died or the participating juridical person has ceased to exist and the legal relationship under dispute allows succeeding of rights;
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The Party has lost its capability;
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The Parties have submitted to the Arbitration Court a written mutual agreement on suspending the Arbitration Court proceedings
(2) At request of the case participant or own initiative the Arbitration Court may suspend the legal proceedings when:
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The Party is not able to participate in dispute settlement due to illness or for any other justifying reason;
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The Arbitration Court decides on ordering the expertise.
(3) The Arbitration Court proceedings are suspended:
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In the cases foreseen by the subparagraph 1 of the part 1 of this Article - till determination of the legal successor or appointment of the lawful representative;
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In the cases foreseen by the subparagraph 2 of the part 1 of this Article - till appointment of the lawful representative;
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In the cases foreseen by the subparagraph 3 of the part 1 of this Article - till the term set forth in the mutual agreement between the Parties;
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In the cases foreseen by the subparagraphs 1 and 2 of the part 2 of this Article - till the moment, when the circumstances mentioned in these subparagraphs cease to exist.
(4) The Arbitration Court adopts a decision on suspending the Arbitration Court proceedings in the form of a separate procedural document. In this decision the circumstances shall be specified, till occurrence or elimination moment of which the Arbitration Court proceedings are suspended or the term which the Arbitration Court proceedings are suspended for. (5) The Arbitration Court proceedings are renewed by the decision of the Arbitration Court in accordance with own initiative or as per the application of the case participants.
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Article 35. Leaving the claim without consideration. |
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(1) The Arbitration Court is obliged to leave the claim without consideration where:
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The statement of claim is submitted by an incapable person or a person being under guardianship in accordance with stipulations of the Article 365 of the Civil Law;
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The claim on behalf of the plaintiff is raised by a person not legitimately authorized for this action;
(2) The Arbitration Court may leave the claim without consideration:
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Upon the plaintiff’s request;
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Where the plaintiff repeatedly does not appear at the Arbitration Court session and has not requested to settle the dispute in his absence.
(3) The Arbitration Court adopts the decision on leaving the claim without consideration in the form of a separate procedural document. (4) In case when the claim is left without consideration the plaintiff is entitled to submit to the Arbitration Court a new statement of claim by observing the order stipulated by the law and this Standing Order.
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Article 36. Termination of the Arbitration Court proceedings |
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(1) The Arbitration Court adopts the decision on termination of the Arbitration Court proceedings where:
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The plaintiff withdraws the claim and the respondent does not object;
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The Parties agree to settle the dispute by the amicable agreement;
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The Arbitration Court Agreement has lost its force as provided by law or the agreement;
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The Arbitration Court recognizes that the dispute does not fall within jurisdiction of the Arbitration Court;
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The participating physical person has died or the participating juridical person has ceased to exist and the legal relationship does not allow succession of rights or the Parties have agreed that the proceedings in this case are to be terminated.
(2) Where the Arbitration Court proceedings are terminated due to the reasons mentioned in the subparagraph 1 or 2 of the part 1 of this Article; repeated applying to the Arbitration Court or applying to the Arbitration Court between the same Parties, on the same subject and on the same grounds is not allowed. (3) Where the Arbitration Court proceedings are terminated due to the reasons mentioned in the subparagraph 3 or 4 of the part 1 of this Article or where the participating physical person has died or the participating juridical person has ceased to exist and the Parties have agreed that Arbitration Court proceedings in this case are to be terminated; the Parties are entitled to apply to the Court.
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Article 37. Execution of the Arbitration Court Award |
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(1) The rulings of the Arbitration Court are mandatory to the Parties and shall be executed voluntarily within the term determined by the rulings. Execution of the award voluntarily is determined the term, which is not less than five days. (2) Where the ruling is to be executed in Latvia and is not fulfilled voluntarily, the interested Party is entitled to apply to the Regional Court as per the place of location of the Arbitration Court with an application on issuance of the execution writ for enforced execution of the ruling of the Arbitration Court.
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Article 38. Costs of Arbitration Court proceedings |
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(1) Costs of the Arbitration Court proceedings are costs connected with the dispute settlement and expenses connected with filing of the case. (2) Costs connected with the dispute settlement are the following:
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Costs of the Arbitration Court legal procedures and the arbitrator's fee, as specified in the Appendix No. 2 to the Standing Order of the Arbitration Court payable when bringing the claim to the Arbitration Court;
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Sums payable to experts, interpreters and secretary;
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Expenses related to explanation of the arbitration award;
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Expenses incurred to provide the claim security;
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Travelling and living expenses of the arbitrators;
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Any other possible expenses connected with the dispute settlement payment order of which is determined by the Arbitration Court observing the regulations of the Standing Order.
(3) Costs connected with procedural actions of the case are:
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Legal support expenses (5% of the satisfied or dismissed amount of the claim, provided the Arbitration Court will recognize such amount of expenses reasonable);
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Expenses connected to the collection of evidence
(4) Payment for legal procedures of the Arbitration Court and the arbitrator's fee depend on the amount of the claim, dispute complexity and number of the arbitrators involved in settlement of the respective dispute and are specified in the Annex 2 to this Standing Order. By the decision of the chairman of the Arbitration Court amount of these expenses may be changed, taking into account the dispute complexity, time necessary for consideration of the dispute, as well as any other circumstances connected to the dispute settlement. (5) A secretary, interpreter or expert is invited to participate in the Arbitration Court proceedings only after the Party has paid to the Arbitration Court remuneration for services of these persons. Where the party, which has requested to invite an interpreter, secretary or expert, has not paid remuneration for services of these persons within the term determined by the Arbitration Court, the stated remuneration may be paid by the other Party. (6)The chairman of the Arbitration Court has the right upon request from the Party or upon own initiative to decrease the amount of payment for legal procedures of the Arbitration Court. (7) The expenses connected with the dispute settlement are to be paid into the bank account of the LLC «Biznesa Drošība», but the arbitrator’s fee – in to the personal bank account of the arbitrators.
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Article 39. Reimbursement of costs of the Arbitration Court proceedings |
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(1) The parties may agree to split the expenses of the Arbitration Court proceedings between them. Where the parties have not agreed on it, reimbursement of the expenses of the Arbitration Court proceedings is determined according to stipulations of this Article. (2) The Arbitration Court adjudges the Party, in favour of which the award is made, to receive from the other Party all costs paid by him/her in connection with the dispute settlement. Where the claim is satisfied partially, the sums determined in this part are allocated to the plaintiff proportionally to the amount of claim satisfied by the Arbitration Court, but to the respondent - proportionally to the part of claim, which have been dismissed. (3) Where the plaintiff withdraws the claim, he/she shall compensate to the respondent the expenses incurred in connection with the dispute settlement. In this case the respondent does not reimburse the costs paid by the plaintiff in connection with the dispute settlement. However, where the plaintiff does not maintain his/her claims because the respondent after submitting the claim has satisfied them voluntarily, the Arbitration Court upon request from the plaintiff adjudges to the respondent compensation of the expenses paid by the plaintiff in connection with the dispute settlement. (4) Where the claim is left without consideration, the Arbitration Court upon request from the respondent adjudges to the plaintiff compensation of the expenses paid by the respondent in connection with the dispute settlement. (5) Expenses connected with the legal procedures of the case are legally required from the respondent in favour of the plaintiff where the plaintiff's claim is fully or partially satisfied, as well as when the plaintiff does not maintain his/her claims in connection that the respondent after submitting the claims has satisfied them voluntarily. (6) Where the claim is declined or the plaintiff waives the claim, excluding the case mentioned in part 3 of this Article, the expenses connected with the legal procedures of the case are legally required from the plaintiff in favour of the respondent.
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Article 40. Storing of documents of the Arbitration Court proceedings |
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(1) Documents of the Arbitration Court stay in custody of the Arbitration Court 10 years upon completion of the Arbitration Court proceedings. The Arbitration Court keeps the documents in accordance with the order of storing archives as stipulated by the law.
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41. List of Arbitrators. |
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Yanis Apse - lawyer, Ulbrokas street 11- 41, Riga, LV-1021;
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Alexander Litvinov - lawyer, Siguldas street 2a - 43, Vangazhi, Rigas district, LV-2136;
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Vija Meshka - lawyer, Keguma street 52/2 – 39, LV-1039;
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Inese Odinya - Laizane - lawyer, Braslas street 24, Riga, LV-1035;
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Irena Sarkane - sworn advocate, Brivibas street 58, Riga, LV-1011;
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Alla Sharafanovich - lawyer – Dzirnavu street 10- 10, Riga, LV-1010.
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42. Payment |
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| AMOUNT OF THE CLAIM |
CHARGE FOR PROCEEDINGS, incl. VAT |
FEE PER ARBITRATOR |
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If the dispute is settled by: |
| 1 arbitrator |
3 arbitrators |
| Under 1,000 Ls |
10% of the sum, but no less than 75 Ls |
100 Ls |
75 Ls |
| From 1,000 Ls to 5,000 Ls |
120 Ls + 2,5% of the sum above 1,000 Ls |
200 Ls |
150 Ls |
| From 5,000 Ls to 20,000 Ls |
230 Ls + 1,6% of the sum above 5,000 Ls |
250 Ls |
200Ls |
| From 20,000 Ls to 100,000 Ls |
380 Ls + 0,8% of the sum above 20,000 Ls |
500 Ls |
350 Ls |
| From 100,000Ls до 500,000 Ls |
1290 Ls + 0,25% of the sum above 100,000 Ls |
900 Ls |
500 Ls |
| From 500,000 Ls to 1,000,000 Ls |
2290 Ls+0,1% of the sum above 500,000 Ls |
1200 Ls |
700 Ls |
| Above 1,000,000 Ls |
3000 Ls + 0,05% of the sum above 1,000,000 Ls |
1700Ls |
950 Ls |
| NON-PROPERTIED CLAIMS |
150Ls |
150 Ls |
100Ls |
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* The Party wishing that the Arbitration Court session is fixed in the protocol shall pay to the Arbitration Court remuneration for the secretary services in amount of 70 Ls. When the Arbitration Court session lasts longer than three hours the remuneration for secretarial services is determined as per the rate 25 Ls per 1 hour that is payable in favour of the Arbitration Court additionally. * Remuneration for services of a sworn translator is determined in accordance with the estimation of costs composed by the sworn translator, translator or the translation office. * Remuneration for services of an expert is determined in accordance with the estimation of costs composed by the expert, expert office or the other institution performing expertise. * Amount of travel and living expenses of an arbitrator is determined in accordance with the calculation submitted by the arbitrator and the justifying documents. Costs of the Arbitration Court proceedings are to be paid to: the bank account No. LV29BATR0051802015800 of the LLC “BIZNESA DROŠĪBA” in the JSC “GE MONEY BANK”, “Tranzīts” branch, payment settlement group “Pērnava” (code BATRLV2X), but arbitrators’ fees – personally to the arbitrators.
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43. PATTERN OF THE CLAUSE ON THE ARBITRATION COURT |
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A sample text of the Clause on the Arbitration Court (*):
Any dispute, disagreement or claim, which arise out or in connection with the present Agreement, which concerns it or its breach, termination or invalidity will be settled in the Court in accordance with the order stipulated by the law, or in the BUSINESS ARBITRATION COURT at discretion of the Claimant, in accordance with the Standing Order of the said Arbitration Court by one arbitrator. Language of the Arbitration Court proceedings will be the official language of the state. The Parties may supplement the Clause on the Arbitration Court by adding: 1). Number of arbitrators __________(one or three); 2). Language of the Arbitration Court ____________; 3). Place of the Arbitration Court proceedings: ___________;
(*) A sample text of the Clause on the Arbitration Court has recommendatory character only. |
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Rules of the Business Court of Arbitration - rules_en.zip 25K (25537) |
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