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Commentary to the Federal Law «On Arbitration Courts in the Russian Federation» (continuation)

D.KH. Valeev, 
Doctor of Legal Sciences, Professor of the Department of Environmental Law, 
Labor Law and Civil Procedure of the Kazan (Volga Region) Federal University 

A.I. Zaitsev, 
Candidate of Legal Sciences, Associate Professor, Chairman of the Arbitration Court 
at the Chamber of Commerce of the Saratov Region 

M.V. Fettyukhin,
Candidate of Legal Sciences, Associate Professor of the Department of Environmental Law, 
Labor Law and Civil Procedure of the Kazan (Volga Region) Federal University 

This section of the commentary to the Federal law «On arbitration courts in the Russian Federation » is dedicated to the arbitration agreement, the composition of the arbitration court and the allocation of costs associated with the proceedings in the arbitration court. The arbitration agreement is considered as concluded in writing if it is contained in the document signed by the parties or concluded by exchange of letters, messages by teletype, telegraph or using other means of electronic or other communication providing fixation of such agreement. Reference in the contract to a document containing a condition about transfer of the dispute on permission of the arbitration court is an arbitration agreement if the agreement is concluded in writing and the reference makes the arbitration agreement part of the contract. Organizations even through their representatives with adequate powers can not be an arbitrator in accordance with current legislation. An individual who elected (appointed) as the arbitrator must be able to ensure an impartial resolution of the disputed relationship.

Keywords: arbitration proceedings; comments of legislation; arbitration agreement; composition of the court; court’s expenses.

Information about the authors: 

   Valeev D.Kh. (Kazan) – Doctor of Legal Sciences, Professor of the Department of Environmental Law, Labor Law and Civil Procedure of the Kazan (Volga Region) Federal University (420008, Kazan, Kremlin st., 18, 235 room; e-mail: valeev55@gmail.com); 

  Zaitsev A.I. (Saratov) – Candidate of Legal Sciences, Associate Professor, Chairman of the Arbitration Court at the Chamber of Commerce of the Saratov Region (410071, Saratov, Shelkovichnaya st., build. 186; e-mail: info@sartpp.ru); 

   Fetyukhin M.V. (Kazan) – Candidate of Legal Sciences, Associate Professor of the Department of Environmental Law, Labor Law and Civil Procedure of the Kazan (Volga Region) Federal University (420008, Kazan, Kremlin st., 18, 235 room; e-mail: e3925@rambler.ru).

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D.Kh. Valeev, A.I. Zaitsev, M.V. Fetyukhin