LAW OF THE REPUBLIC OF TAJIKISTAN

of January 5, 2008 No. 344

About reference tribunals

Chapter 1. General provisions

Article 1. Scope of this Law

1. This Law regulates procedure for education and activities of reference tribunals in the Republic of Tajikistan.

2. The dispute following from civil and economic legal relationship can be transferred to reference tribunal by agreement of the parties of arbitration (further - the parties) if other is not established by the law.

3. Operation of this Law does not extend to the international commercial arbitration.

Article 2. Basic concepts

In this Law the following basic concepts are used:

- reference tribunal - the permanent reference tribunal or one-time reference tribunal formed by the parties for the decision of specific dispute;

- the arbitration judge - the judge of permanent reference tribunal, or the physical person elected by the parties or appointed in the procedure approved by the parties for the dispute resolution in one-time reference tribunal;

- arbitration - process of the dispute resolution and decision making in reference tribunal;

- the arbitration agreement - the agreement of the parties on transfer of dispute on permission of reference tribunal;

- arbitration clause - the clause provided in the agreement on consideration of dispute in reference tribunal;

- rules of permanent reference tribunal - the charters, provisions and regulations containing rules of arbitration which are approved by the legal entity who formed permanent reference tribunal;

- rules of arbitration - the regulations regulating the procedure for the dispute resolution in reference tribunal including rules of the appeal to reference tribunal, elections (appointment) of arbitration judges and the procedure of arbitration;

- the parties of arbitration - legal entities, individual entrepreneurs and physical persons which made in reference tribunal the claim in protection of the rights and interests or to which the claim is made;

- competent court - economic court of the Republic of Tajikistan on the disputes subordinated to economic courts, district (city) court on the disputes subordinated to courts of law established by the legislation of the Republic of Tajikistan.

Article 3. Procedure for education and activities of reference tribunals

1. In the Republic of Tajikistan permanent reference tribunals and one-time reference tribunals can be formed.

2. Permanent reference tribunals are formed by non-profit organizations - legal entities.

3. Permanent reference tribunals cannot be formed under public authorities and local self-government.

4. The permanent reference tribunal is considered educated when the legal entity made the decision on formation of permanent reference tribunal, approved Regulations on permanent reference tribunal and the list of arbitration judges.

5. The legal entity who formed permanent reference tribunal sends to the competent court performing judicial authority in that territory where the permanent reference tribunal, copies of the documents testimonial of formation of permanent reference tribunal provided by part four of this Article is located.

6. The procedure for formation of one-time reference tribunal is determined by agreement of the parties which cannot contradict provisions Article 7, of 8, of 10, 12 and 13 these Laws. If in the agreement of the parties the procedure for formation of one-time reference tribunal is not determined, then provisions of articles 7-13 of this Law are applied.

Article 4. Transfer of dispute on permission of reference tribunal

1. The dispute can be transferred to permission of reference tribunal in the presence of the arbitration agreement signed between the parties or arbitration clause in the agreement.

2. The arbitration devolution agreement of the arisen or arising civil and economic dispute on permission of reference tribunal consists in type of the separate written agreement.

3. The arbitration agreement can be signed by the parties concerning all or certain disputes which arose between the parties in connection with specific legal relationship.

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