Arbitration Rules

William Hogarth

Bambridge on Trial for Murder by a Committee of the House of Commons, 1729

Search through the page

Rules on Arbitration of Corporate Disputes (RACD)

RACD are included in Chapter 8 of the Arbitration Rules of the RIMA.

RACD regulate specific issues related to arbitration of the respective types of corporate disputes. In particular, RACD provide for a detailed procedure of execution of arbitration agreement with respect to corporate disputes. RACD detail how counterparties of legal entities can join the entities’ arbitration agreements. RACD describe conditions for commencement of arbitration of corporate disputes, inter alia, through so-called “class actions”. RACD establish the procedure for notification of legal entities and its participants on commencement of arbitration. RACD allow the participants of legal entities to join a commenced arbitration as separate representatives, co-claimants or third parties.

 

CHAPTER 8. RULES ON ARBITRATION OF CORPORATE DISPUTES

CHAPTER 8. RULES ON ARBITRATION OF CORPORATE DISPUTES

Article 69. General Provisions on the Rules on Arbitration of Corporate Disputes

  1. The following disputes related to the incorporation of a legal entity in the Russian Federation (hereinafter, the “Legal Entity”), management thereof or participation therein, arising between the founders, participants, members of the Legal Entity (hereinafter, the “Participants”) and the Legal Entity itself, including disputes under claims of the Participants related to the Legal Entity’s relations with another party, in case the Participants are entitled to file such claims in accordance with the federal laws, shall be resolved in accordance with the provisions of Chapter 8 of the Arbitration Rules:
    1. disputes related to the incorporation, reorganization and liquidation of a Legal Entity;
    2. disputes under claims of the Participants for the recovery of damages caused to the Legal Entity, invalidation of transactions made by the Legal Entity and/or application of the consequences of invalidity of such transactions;
    3. disputes related to the appointment or election, termination and suspension of powers and the liability of persons who are/were members of the management and control bodies of the Legal Entity, as well as disputes arising from civil law relations between the said persons and the Legal Entity in connection with the exercise, termination and suspension of their powers;
    4. disputes arising from agreements of the Participants in relation to the management of such a Legal Entity, including disputes arising from corporate agreements;
    5. disputes related to the issuance of securities, including disputes on the challenging of resolutions of the issuer’s management bodies, the transactions made in the course of offering of issuance securities, and reports (notifications) on the results of issuance (additional issuance) of issuance securities;
    6. disputes on challenging resolutions of the management bodies of the Legal Entity;
    7. other disputes qualifying under the requirements of Paragraph 1 of this Article and not expressly mentioned in subparagraphs 1 – 6 of this Paragraph, except for disputes listed in Paragraph 2 of this Article,

    (hereinafter, the “Corporate Disputes”).

  2. The provisions of Chapter 8 of the Arbitration Rules shall not apply to the arbitration of the following disputes:
    1. disputes related to the title to shares, participatory interests in charter (contributed) capital of commercial companies and partnerships, shares of members of cooperatives, imposition of encumbrances on the same and the exercise of rights arising therefrom, including disputes arising from agreements for the sale and purchase of shares, participatory interests in charter (contributed) capital of commercial companies and partnerships, or disputes related to levying execution on such shares and participatory interests in charter (contributed) capital of companies and partnerships;
    2. other disputes arising from the agreements for the sale and purchase of shares, participatory interests in charter (contributed) capital of commercial companies and partnerships not specified in subparagraph 1 of this Paragraph;
    3. disputes arising in the course of activities of the keepers of registers of holders of securities, related to keeping records of rights to shares and other securities, with the exercise by the keepers of registers of holders of securities of other rights and obligations provided for in the federal laws in connection with offering and/or negotiation of securities;
    4. disputes on the separation of marital property between spouses (shares, participatory interests in the charter (contributed) capital of commercial companies and partnerships);
    5. disputes involving foreign legal entities, including foreign organizations not accorded the status of legal entities.
  3. The seat of arbitration of Corporate Disputes shall be Russian Federation.
  4. Parties to an arbitration of a Corporate Dispute are the Parties to the Corporate Dispute, including all separate representatives of the Legal Entity, in case where claims are filed on behalf of the Legal Entity by its Participants, and other persons who joined the arbitration of the Corporate Dispute in accordance with Chapter 8 of the Arbitration Rules notwithstanding their status and the stage of the proceedings (hereinafter, the “Parties to a Corporate Dispute”).
  5. The provisions of the Arbitration Rules shall apply to the arbitration of Corporate Disputes subject to the special rules set forth in Chapter 8 of the Arbitration Rules. The provisions of the Arbitration Rules on expedited arbitration shall not apply to the arbitration of Corporate Disputes.

Article 70. Arbitration Agreement with Respect to Corporate Disputes

  1. Corporate Disputes may be referred to arbitration administered by the RIMA provided that the Legal Entity, all Participants thereof and other parties acting as Claimants and Respondents in the aforesaid disputes are parties to an Arbitration Agreement.
  2. An Arbitration Agreement between all Participants of a Legal Entity, the Legal Entity itself and such other party may also be executed by way of execution by all Participants and the Legal Entity of an agreement between such other party and the Legal Entity, or an addendum to such an agreement containing the respective Arbitration Agreement covering all or part of the Corporate Disputes.
  3. The Arbitration Agreement with respect to all or part of the Corporate Disputes may also be executed by way of incorporation of such an Arbitration Agreement into the charter (articles of association) of the Legal Entity. The charter (articles of association) containing an Arbitration Agreement, the amendments made into such a charter (articles of association) and the amendments made into such an Arbitration Agreement shall be approved by a resolution of the supreme management body (the participants’ meeting) of the Legal Entity unanimously adopted by the Participants of such a Legal Entity.
  4. The Arbitration Agreement may not be executed by way of its incorporation into the charter (articles of association) of a joint-stock company with a thousand or more holders of voting shares, or into the charter (articles of association) of a public joint-stock company.
  5. The Arbitration Agreement executed in accordance with the procedure set forth in Paragraph 3 of this Article shall cover the disputes of the Participants and the disputes of the Legal Entity itself involving another party, only if such party has expressly consented to be bound by such an Arbitration Agreement.
  6. The other party’s consent to be bound by such an Arbitration Agreement may be confirmed, inter alia, by way of incorporating into an agreement made between such a party and the Legal Entity, the Arbitration Agreement providing for the arbitration of all or part of the disputes in the proceedings administered by the RIMA.
  7. Other parties that may execute an Arbitration Agreement with all Participants and the Legal Entity or consent to be bound by an Arbitration Agreement previously executed by the Participants and the Legal Entity itself in accordance with the procedure set forth in Paragraph 3 of this Article, include, in particular, the counterparties of the Legal Entity.
  8. Unless the Arbitration Agreement or the legislation effective as of the arbitration of a Corporate Dispute provides otherwise, an Arbitration Agreement incorporated into the charter (articles of association) of a Legal Entity shall also cover and bind the sole executive bodies of the Legal Entity and members of collective bodies of the Legal Entity.
  9. The Arbitration Agreement executed between the Participants and the Legal Entity itself in accordance with the procedure set forth in Paragraphs 1 and 3 of this Article, and the Arbitration Agreement executed in accordance with the procedure set forth in Paragraph 6 of this Article shall be treated as a single Arbitration Agreement.

Article 71. Commencement of Arbitration of a Corporate Dispute

  1. In order to commence arbitration of a Corporate Dispute, the Claimant shall file a Claim.
  2. Apart from the information listed in Article 27 of the Arbitration Rules, the Claim in a Corporate Dispute shall also contain the following information:
    1. full name, Primary State Registration Number and/or Taxpayer’s Identification Number (or similar information for foreign entities) and all contact details known to the Claimant (including the registered address, telephone number, facsimile number, e-mail) of the Legal Entity, as well as (if any) the same information with respect to the Legal Entity’s authorized representatives;
    2. full name, Primary State Registration Number and/or Taxpayer’s Identification Number (or similar information for foreign entities) and all contact details known to the Claimant (including the postal address, telephone number, facsimile number, e-mail) of other parties to the Arbitration Agreement (if the Claimant possesses such information), as well as (if any) the same information with respect to the authorized representatives of such parties;
    3. full name, Primary State Registration Number and/or Taxpayer’s Identification Number and all contact details known to the Claimant (including the postal address, telephone number, facsimile number, e-mail) of the keeper of the register of holders of securities, if the Legal Entity is a joint-stock company.
  3. Apart from the documents listed in Article 27 of the Arbitration Rules, the following documents shall also be enclosed to the Claim in a Corporate Dispute:
    1. an extract from the Unified State Register of Legal Entities with respect to the Legal Entity, certified by the tax authority or the Claimant (its authorized representative) obtained at least thirty (30) days in advance of the filing of the Claim;
    2. documents confirming the Claimant’s compliance with the requirement of advance notification of the Participants, including by way of sending to the Legal Entity the respective notification of the intent to commence arbitration of a Corporate Dispute, as well as the requirements for submission of any other information relevant for the case, if such requirements are prescribed by the effective legislation or the constituent documents of the Legal Entity;
    3. documents confirming the status of Participant, if the Claim is filed by a Participant (where such documents are absent, the Claimant shall substantiate the right to file the Claim, by proving, e.g., that the consideration of its claims under the Claim will result in the resolution of the issue of its status as a Participant, or that the Claim is connected with another dispute related to its status as a Participant).
  4. In case the Claim in a Corporate Dispute is suspended on the grounds set forth in Article 11 of the Arbitration Rules, the Executive Administrator shall also notify the Legal Entity of the fact, and simultaneously send to the Legal Entity a copy of the Claim in accordance with Article 73 of the Arbitration Rules.
  5. After the RIMA receives the Claim in a Corporate Dispute, the Executive Administrator shall, acting in accordance with the provisions of the Arbitration Rules, verify whether the Claim is admissible under the provisions of Chapter 8 of the Arbitration Rules.
  6. If, after the commencement of arbitration of a Corporate Dispute, the Arbitral Tribunal establishes that such a dispute may not be arbitrated under the provisions of Chapter 8 of the Arbitration Rules, the Arbitral Tribunal may continue to examine the dispute in accordance with the applicable provisions of the Arbitration Rules provided that it obtains the consents of all Parties. In case of absence of such consents, the arbitration of such a dispute shall be terminated.

Article 72. Commencement of Arbitration by a Participant on behalf of the Legal Entity

  1. Where in accordance with the civil legislation and the legislation on legal entities a Participant is entitled to file claims acting on behalf of the Legal Entity, such a Participant is deemed to represent the Legal Entity, with the Legal Entity being the Claimant in the respective arbitration of a Corporate Dispute.
  2. When filing the Claim, the Participant shall be mentioned as the representative of the Legal Entity. At the same time, it bears the obligation to pay the arbitration fee in accordance with the Rules on Arbitration Fees and Arbitration Costs.
  3. Commencement of arbitration by a Participant does not preclude the Legal Entity from sending its own separate representatives, or joining other Participants to the proceedings as separate representatives of the Legal Entity in accordance with the procedure set forth in Article 74 of the Arbitration Rules.
  4. A Participant joining the arbitration commenced by another Participant in accordance with this Article is deemed to have joined as a separate representative of the Legal Entity. The application to join may state that the Participant is joining as a third party, including where the joining Participant objects to the claims advanced in the arbitration it is joining. All separate representatives of the Legal Entity acting on its behalf in accordance with this Article have equal procedural rights. Each of the separate representatives of the Legal Entity shall be notified of the course of arbitration of the Corporate Dispute.
  5. In case several Participants are joining the arbitration as separate representatives of the Legal Entity, the Arbitral Tribunal may suggest that all such separate representatives of the Legal Entity and the Legal Entity itself discuss the possibility of joint appointment of a representative of the Legal Entity to act on behalf of all separate representatives of the Legal Entity and the Legal Entity itself in the arbitration of the Corporate Dispute. The Arbitral Tribunal shall determine the procedure for the confirmation of powers of such a jointly appointed representative.
  6. In case of a conflict between the positions of separate representatives of the Legal Entity or with the position of the Legal Entity itself, the Arbitral Tribunal shall grant them the opportunity to voice all such positions, and shall take them into account and assess them when rendering the arbitral award based on its inner conviction subject to the essence and aims of the claims advanced.

Article 73. Notifications and Information on the Commencement of Arbitration of a Corporate Dispute

  1. Within three (3) days from the receipt of the Claim satisfying all requirements set forth by the Arbitration Rules, the RIMA shall send a copy of the Claim with all exhibits thereto to the Legal Entity at the address stated in the Unified State Register of Legal Entities.
  2. Within three (3) days from the receipt of the Claim satisfying all requirements set forth by the Arbitration Rules, the RIMA shall publish the following information in the special section of the publicly accessible part of its official website:
    1. the name of the document filed specifying all claims;
    2. the information on the Claimant, Respondent, representative of the Legal Entity, who filed the Claim on behalf of the Legal Entity (if any), as well as on any other persons or entities specified in the Claim;
    3. full name, Primary State Registration Number and/or Taxpayer’s Identification Number of the Legal Entity;
    4. the number of the case and the statement of the right of each Participant to join the arbitration of the Corporate Dispute.
  3. If the claims are amended or supplemented in the course of arbitration, the Arbitral Tribunal may instruct the RIMA to amend the information on the Corporate Dispute published earlier in accordance with Paragraph 2 of this Article.
  4. Within three (3) days from the receipt of the Claim submitted in accordance with Paragraph 1 of this Article, the Legal Entity shall at its own expense send to all Participants, and, if the Legal Entity is a joint-stock company, to the persons or entities keeping records of the rights to securities of the Legal Entity (the depositaries) and the keeper of the register of holders of securities of the Legal Entity a notification of the commencement of arbitration of the Corporate Dispute,1 enclosing a copy of the Claim with exhibits.
  5. The documents shall be sent by the Legal Entity in accordance with Paragraph 4 of this Article by way of personal delivery with confirmation of receipt, by a courier service, by registered mail or by any other means involving the fixation of the attempt at delivery of the documents. A different procedure for sending the documents to the Participants in accordance with Paragraph 4 of this Article may be expressly agreed upon in the Arbitration Agreement executed in accordance with Paragraphs 1 or 2 of Article 70 of the Arbitration Rules.
  6. The Legal Entity may additionally publish the information on the commencement of arbitration of the Corporate Dispute and the information on such a dispute on its website or any other website usually used by the Legal Entity for disclosure.
  7. No later than ten (10) days from the receipt of the Claim filed in accordance with Paragraph 1 of this Article, the Legal Entity shall submit to the RIMA the documents confirming the dispatch of the documents in accordance with Paragraph 4 of this Article. The RIMA shall not be liable for non-compliance or improper compliance by the Legal Entity with its obligation to send documents in accordance with Paragraph 4 of this Article. Compliance by the Legal Entity with the obligation to send documents in accordance with Paragraph 4 of this Article, as well as the consequences of non-compliance or improper compliance with such an obligation shall be assessed by the Arbitral Tribunal. In case of non-compliance or improper compliance by a Legal Entity with its obligation to send documents in accordance with Paragraph 4 of this Article, the Arbitral Tribunal may suggest that the Claimant send the documents instead of the Legal Entity or instruct the RIMA to send the documents in accordance with Paragraph 4 of this Article. In such a case, the Arbitral Tribunal may also first request information on the Participants from the Legal Entity.

Article 74. Joining a Corporate Dispute

  1. Each Participant may join the arbitration of a Corporate Dispute by way of filing with the RIMA an application to join arbitration (hereinafter, the “Application to Join”).2
  2. A Participant may join the arbitration of a Corporate Dispute as:
    1. a separate representative of the Legal Entity in case the arbitration of the Corporate Dispute is commenced by another Participant in accordance with the procedure set forth in Article 72 of the Arbitration Rules;
    2. as a co-claimant;
    3. as a third party in accordance with the procedure set forth in Paragraph 3 of Article 36 of the Arbitration Rules.
  3. If the Participant failed to specify the status under which it is joining arbitration of the Corporate Dispute, it is deemed to have joined as a third party, unless the Arbitration Rules provide otherwise. The status under which a Participant has joined (is deemed to have joined) the arbitration of a Corporate Dispute may be altered by the Arbitral Tribunal based on a substantiated application of the joining Participant.
  4. The Application to Join may be filed with the RIMA at any stage of arbitration of a Corporate Dispute prior to the issuance of the arbitral award. The Application to Join for the purposes of participating in the constitution of the Arbitral Tribunal shall be filed within at least thirty (30) days following the publication of the information specified in Paragraph 2 of Article 73 of the Arbitration Rules in the special section of the publicly accessible part of the official website of the RIMA, if the Parties agreed on the procedure for constitution of an Arbitral Tribunal composed of more than one arbitrator, providing for the election of arbitrators by the parties to the Arbitration Agreement. The Participants that filed Applications to Join upon the expiry of the term set forth herein, may not participate in the constitution of the Arbitral Tribunal or advance objections relying on their non-participation in the constitution of the Arbitral Tribunal.
  5. The Participant shall file a copy of the Application to Join with all exhibits thereto to all persons specified in the Claim, and to the Legal Entity.
  6. The Participant that joined the arbitration of a Corporate Dispute shall be deemed to have joined from the date of receipt by the RIMA of the Application to Join. Such a Participant is deemed to have consented to the state of arbitration of a Corporate Dispute as it is at the moment of its joining, and may not advance objections and challenge procedural actions that took place prior to its joining (including file challenges to the arbitrators on the grounds already invoked for challenging such arbitrators prior to its joining). Where an Application to Join is filed after the completion of oral hearings, no additional hearings shall be held and the position of the joining Participant shall not be taken into account when rendering the arbitral award, unless the Arbitral Tribunal deems it necessary to hold such oral hearings and take into account the position of the joining party.
  7. An Application to Join shall contain the following information:
    1. the full name, Primary State Registration Number and/or Taxpayer’s Identification Number and contact details (including the postal address, telephone number, facsimile number, e-mail) of the Participant, and (if any) the same information with respect to separate representatives of the Participant;
    2. the number of the case the Participant has applied to join;
    3. the status the Participant wishes to assume in joining the arbitration of the Corporate Dispute;
    4. the summary of position of the Participant with respect to the claims filed or a statement indicating the absence of such a position;
    5. the date of the Application to Join.
  8. 8The Application to Join shall be signed by the Participant or its representative.
  9. The following documents shall be enclosed to the Application to Join:
    1. documents confirming the status of Participant (where such documents are absent, the Participant shall substantiate the right to file the Application to Join, by proving, e.g., that the consideration of its claims under the Claim will result in the resolution of the issue of its status as a Participant, or that the Claim is connected with another dispute related to its status as a Participant);
    2. a copy of the Arbitration Agreement, or, if such an Arbitration Agreement is incorporated in an agreement or the charter (articles of association) of the Legal Entity, the copy of the agreement containing the Arbitration Agreement the Participant is party to, or the copy of the charter (articles of association) of the Legal Entity containing the Arbitration Agreement (if such an Arbitration Agreement has not been filed earlier in the arbitration of a Corporate Dispute in question);
    3. copies of documents confirming the powers of the signatory of the Application to Join;
    4. documents confirming that the Application to Join and all documents enclosed thereto have been filed to all persons specified in the Claim, and to the Legal Entity;
    5. other documents that the Participant deems necessary to enclose to the Application, including for the purposes of ensuring the efficiency of the arbitration;
    6. the Application to Join as well as all documents enclosed thereto in electronic form.
  10. Within seven (7) days following the receipt by the RIMA of the Application to Join, the RIMA shall send to the joining Participant, as well as to the Parties to the arbitration of the Corporate Dispute a notification on the Participant’s joining the arbitration of the Corporate Dispute.
  11. Prior to the constitution of the Arbitral Tribunal, the decision to join a Participant to a Corporate Dispute shall be made by the Executive Administrator. Where the Executive Administrator has legitimate doubts on the issue of the Participant’s joining the arbitration, the decision to join the Participant shall be made by the Board in the form of an order setting out the reasons for the same.
  12. After the Arbitral Tribunal is constituted, the decision to join a Participant to a Corporate Dispute shall be made by the Arbitral Tribunal.

Article 75. Consolidation of Proceedings under Corporate Disputes

  1. Where an arbitration of a Corporate Dispute with respect to a Legal Entity has already commenced, no Claims may be filed against the same Legal Entity on the same subject matter as the claims already pending arbitration of the Corporate Dispute. In case of intent to file such claims, the person or entity shall join the existing arbitration of the Corporate Dispute as a co-claimant or a separate representative of the Legal Entity where claims are filed in accordance with the procedure set forth in Article 72 of the Arbitration Rules.
  2. Where a Claim is filed on the same subject matter with respect to the same Legal Entity as the claims already pending arbitration of the Corporate Dispute, such arbitration proceedings of Corporate Disputes shall be consolidated by the Arbitral Tribunal. In such a case, the arbitration of the Corporate Dispute that commenced earlier shall continue, while the arbitration that commenced later shall be terminated. The provisions of Article 33 of the Arbitration Rules shall not apply in this case.
  3. Arbitration proceedings of Corporate Disputes with respect to the same Legal Entity involving claims on different subject matters may be consolidated in accordance with the provisions of Article 33 of the Arbitration Rules.

Article 76. Constitution of the Arbitral Tribunal in Arbitration of a Corporate Dispute

  1. For the purposes of resolution of a Corporate Dispute, the Arbitral Tribunal shall be constituted of at least three arbitrators. The Arbitration Agreement with respect to the Corporate Dispute may also provide for the arbitration of the dispute by a sole arbitrator or another odd number of arbitrators appointed for all or part of Corporate Disputes with respect to the Legal Entity.
  2. Unless the Arbitration Agreement provides otherwise, for the purposes of resolution of a Corporate Dispute, the Arbitral Tribunal shall be constituted entirely by the Board no later than within thirty (30) days from the date of receipt of the Claim by the RIMA. This term may be extended by the Executive Administrator for legitimate grounds, but for no longer than fourteen (14) days.
  3. If the Arbitration Agreement provides for the possibility of participation of the parties thereto in the constitution of an Arbitral Tribunal composed of more than one arbitrator, each of the parties shall elect one arbitrator no later than within twenty (20) days following the expiry of the term set forth in Paragraph 2 of Article 73 of the Arbitration Rules, and the president of the Arbitral Tribunal shall be appointed by the Board no later than within thirty (30) days following the expiry of the term set forth in Paragraph 2 of Article 73 of the Arbitration Rules. In case of plurality of persons acting as the Party in the arbitration of a Corporate Dispute, all persons joining the arbitration of the Corporate Dispute as the respective Party to a Corporate Dispute shall notify the Arbitral Tribunal on the joint election of the arbitrator within the term specified herein. In case of plurality of persons acting as the Party and the impossibility of joint election of an arbitrator by at least one Party in the arbitration of a Corporate Dispute, the Arbitral Tribunal for the resolution of the Corporate Dispute shall be constituted entirely by the Board no later than within thirty (30) days following the expiry of the term for the election of arbitrators by the Parties to a Corporate Dispute.

Article 77. Preparation of the Arbitration and the Timetable of Arbitration Proceedings under a Corporate Dispute

  1. Arbitration proceedings of Corporate Disputes shall be subject to the provisions of Article 21 of the Arbitration Rules save for the provisions of Paragraphs 7 – 11 and 15.
  2. Where the Parties to a Corporate Dispute and the Arbitral Tribunal have failed to agree on the Timetable of the Arbitration Proceedings in accordance with the procedure and within the terms set forth in Paragraph 1 of this Article, the procedure of arbitration shall be determined independently by the Arbitral Tribunal by way of adoption of the respective order.

Article 78. Notification of the Course of Arbitration of a Corporate Dispute

  1. The Arbitral Tribunal shall immediately notify the RIMA in writing of any and all documents, including written submissions received from the Parties to a Corporate Dispute, as well as any notifications, orders and awards of the Arbitral Tribunal issued in the course of arbitration of a Corporate Dispute, enclosing copies of such documents, where such documents were accepted or received by the Arbitral Tribunal. The Arbitral Tribunal shall also immediately notify the RIMA in writing of any and all documents and correspondence, which it believes to be important for the Participants’ decisions with respect to the Corporate Dispute or for the protection of their rights and legitimate interests in the course of arbitration of the Corporate Dispute.
  2. The RIMA shall send the following documents related to the Corporate Dispute to all Participants joining the Corporate Dispute:
    1. any and all documents, including written submissions received from the Parties to the Corporate Dispute;
    2. any and all notifications, orders and awards of the Arbitral Tribunal;
    3. any other documents and correspondence on the Corporate Dispute the Arbitral Tribunal believes to be important for the Participants’ decisions with respect to the Corporate Dispute or for the protection of their rights and legitimate interests in the course of arbitration of the Corporate Dispute.
  3. Where a Participant joining the Corporate Dispute has expressly waived its right to receive the documents and information specified in subparagraphs 1 and 2 of Paragraph 2 of this Article in writing, no such documents shall be sent to it. Such a waiver may be contained, inter alia, in the Application to Join.

Article 79. Special Rules for Withdrawal of Claim, Admission of Claim and Execution of a Settlement Agreement under a Corporate Dispute

  1. Within thirty (30) days following the receipt from the RIMA of the information on the filing of an application to withdraw the claims or admit the claims or on the intent to enter into a settlement agreement with respect to a Corporate Dispute, each Participant joining the Corporate Dispute may file objections against such an application.
  2. If the RIMA receives no objections from the Participants that have joined the Corporate Dispute within the term set forth in Paragraph 1 of this Article, or if the Arbitral Tribunal receives such objections but finds that all Participants filing such objections have no legally protected interest in the continuation of arbitration of the Corporate Dispute, the withdrawal of claims, admission of claims and execution of a settlement agreement shall be accepted and allowed by the Arbitral Tribunal without the need to obtain the consents of all Participants joining the Corporate Dispute.

Article 80. Interim Measures in Corporate Disputes

  • The Arbitral Tribunal may order to introduce interim measures in the course of arbitration of a Corporate Dispute in accordance with the provisions of Chapter 5 of the Arbitration Rules.
  • Interim Measures introduced in the course of arbitration of a Corporate Dispute shall not entail de facto impossibility for the Legal Entity to carry out its business or a material obstruction of its business, or the violation by the Legal Entity of the legislation of the Russian Federation.
  • Interim Measures in a Corporate Dispute shall include, inter alia, the following:
    1. prohibition to the bodies of the Legal Entity to make decisions or otherwise act on the matters related to the subject matter of the dispute or directly connected therewith;
    2. prohibition to the Legal Entity, its bodies or participants to perform the decisions made by the bodies of such a Legal Entity.
  • The Arbitral Tribunal may order to hold oral hearings to consider the application for interim measures in the course of arbitration of a Corporate Dispute if it believes this to be necessary for hearing the positions of the Parties to the Corporate Dispute.
  • Information on the introduction of interim measures in the course of arbitration of a Corporate Dispute shall be published in the special section of the publicly accessible part of the official website of the RIMA.

Article 81. Arbitral Award in a Corporate Dispute

  1. The arbitral award in a Corporate Dispute shall contain the following additional details and information:
    1. an indication that the dispute was resolved in accordance with the provisions of Chapter 8 of the Arbitration Rules, as well as the grounds for resolution of the specific dispute in accordance with such provisions, including a reference to an Arbitration Agreement;
    2. information on compliance with the requirements of Article 73 of the Arbitration Rules on notifications and information on the commencement of arbitration of a Corporate Dispute;
    3. full name, Primary State Registration Number and/or Taxpayer’s Identification Number and all contact details known to the Arbitral Tribunal (including the registered address, telephone number, facsimile number, e-mail) of the Legal Entity, as well as (if any) the same information with respect to all Parties to a Corporate Dispute, and separate representatives of the Legal Entity;
    4. an indication that the arbitral award is binding on all Parties to the Corporate Dispute, as well as on all Participants that were notified of the opportunity to join the arbitration of the Corporate Dispute but opted to forgo it.
  2. The arbitral award in a Corporate Dispute shall be sent to all Parties to the Corporate Dispute.
  3. A copy of the arbitral award in a Corporate Dispute may be provided to any Participant within the term of custody of such an award at the RIMA, provided that such a Participant presents to the RIMA proof of its status, as well as a written confirmation of compliance with the confidentiality obligations with respect to the arbitral award and all information on the Corporate Dispute.
  4. The arbitral award in a Corporate Dispute shall be binding on all Parties to the Corporate Dispute, all Participants, the Legal Entity itself and other parties to the Arbitration Agreement with respect to such a Corporate Dispute, irrespective of whether they joined the arbitration of the Corporate Dispute.

Article 82. Transitional Provisions

  1. The provisions of Chapter 8 of the Arbitration Rules shall enter into full force and effect not earlier than February 1, 2017.
  2. Arbitration Agreements with respect to Corporate Disputes listed in Paragraph 1 of Article 69 of the Arbitration Rules may be executed not earlier than 1 February 2017.
_______________

1). See the template notification in Annex 4 to the Arbitration Rules.

2). See template application in Annex 5 to the Arbitration Rules.