LAW OF TURKMENISTAN

of October 15, 2016 No. 458-V

About modification of the Arbitral Procedure Code of Turkmenistan

I. Bring in the Arbitral Procedure Code of Turkmenistan approved by the Law of Turkmenistan of December 19, 2000 (Sheets of Majlis of Turkmenistan, 2000, No. 3-4, of Art. 38; 2007, No. 1, Art. 4, No. 2, Art. 47; 2012, No. 1, Art. 10), following changes:

1. The first offer of part one of Article 3 to state in the following edition:

"Arbitral proceeding is performed on the basis of the Constitution of Turkmenistan and according to the Law of Turkmenistan "About court" and this Code.".

2. State Article 5 in the following edition:

"Article 5. Independence of judges by consideration of arbitration cases

1. By consideration of arbitration cases of the judge are independent, they submit only to the law and are guided by internal belief.

2. Judges resolve arbitration cases in the conditions excluding foreign impact on them. Any intervention in activities of court for implementation of justice is inadmissible and attracts legal accountability.".

3. State Article 6 in the following edition:

"Article 6. Competitiveness and equality of participants

1. Arbitral proceeding is performed on the basis of competitiveness and equality of participants. The parties have the equal procedural law and perform equal procedural duties.

2. The court bases the decision only on those proofs, participation in which research was on an equal basis provided to each of the parties.

3. The court considering case, keeping objectivity and impartiality, creates necessary conditions for realization of the rights of the parties to complete and objective research of the facts of the case, explains to persons participating in case, their rights and obligation, warns about effects of making or non-execution of legal proceedings and renders in the cases provided by this Code to them assistance in implementation of their rights.

4. The court shows equal and respect for the parties.".

4. State Article 9 in the following edition:

"Article 9. Spontaneity of legal proceedings

1. The court in case of trial of case shall research directly all proofs on case.

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