IP-MARIS Intellectual Property Exchange
The Arbitration Commission (hereinafter referred to as the Commission) is a permanent authority of MARIS, whose competence includes the resolution of disputes between its members and counterparties. The commission acts on the rights of a non-state arbitration court. Members of the arbitration are independent in their activities, unaccountable to the governing bodies and are not participants or visitors to the exchange.
The Commission is authorized to take decisions on a wide range of contentious issues related to:
- contracts for the conclusion of contracts
- disputes over intellectual property issues
- objections to the opinions of experts
- conflicts between MARIS clients
- complaints about the actions of the employees of MARIS and its members
- consideration of applications for refusals in the provision of services by members of MARIS
- applications for cancellation of MQ-Exchange transactions in pre-trial order
- procedure for conducting trading on the exchange
- compliance with the requirements of national legislation, the charter and other normative acts;
- fulfillment of contractual obligations by the parties to the transaction.
One of the most important functions in the work of the commission is informing the participants and visitors of the exchange about unscrupulous clients.
Legislative regulation of the activities of commissions
The Commission performs the functions of an arbitration court, and in its activity is guided by the requirements of the following regulatory legal acts:
· European (Geneva) Convention of 1961 "On Foreign Trade Arbitration".
· The Federal Law "On Arbitration Courts", which came into force in 2002 on July 24, No. 102-FZ.
· The Federal Law "On International Commercial Arbitration", introduced in 1993 on July 7, No. 5338-1.
· This Regulation on the Arbitration Commission.
The guidance documents indicated in the last paragraph are developed by the Exchange employees or by attracted specialists. Regulation on the Arbitration Commission is approved by the Presidium of MARIS
Regulations on the Arbitration Commission
Leading experts in the field of substantive law are usually involved in the preparation of this document. The situation has the following structure:
· General provisions.
· List of issues related to the competence of exchange arbitrage.
- Composition and structure of the commission.
· Description of the procedure of arbitration in arbitration.
· Provision on carrying out of the procedure providing for reconciliation of the parties.
· Fees and expenses of participants in the process.
· Fees of members of the arbitration commission.
· Measures to preserve information relevant to the banking and commercial secrecy of commission members.
· Information on the location of the exchange arbitrage.
· The procedure and terms of storage of cases considered by the commission.
The Commission does not have the status of a legal entity and payments to it, as well as settlement and cash operations are carried out by the founder of MARIS. To certify decisions, other procedural documents and outgoing correspondence, the commission has a round seal indicating the name of the body. The Commission can have its own office, ensuring its work.
Competence of the commission
In its activities, the Commission is guided solely by the norms of national legislation. Its functions include maintenance and implementation of document circulation both electronic and paper.
The procedure for settling disputes by the members of the commission is determined by the relevant Regulation approved by the Presidium of MARIS.
Structure of arbitration and the procedure for the election and appointment of its members
The solution of disputable issues should occur with the greatest possible speed. For these purposes, an arbitration commission is set up consisting of:
· The Chairman;
· Two members;
· Responsible secretary.
The appointment of the Chairman of the Commission to the competence of the Presidium of MARIS, the nomination of a candidate for this post is the prerogative of the Chairman of the Presidium. The applicant must have a specialized education and experience in this field. The chairman is appointed for a certain period of time.
The terms of reference of the Chairman of the Arbitration Commission include the following provisions:
· Organization of the work of a permanent body in strict accordance with the legislation and the Rules.
· Selection of candidacies for the post of the Commission's Executive Secretary.
· Participation in proceedings.
The chairman of the commission has the right to submit arbitration in institutions or organizations on the territory of the country or abroad.
If necessary, the commission attracts arbitrators from among those who have a specialized education and work experience in this field. Members of the Arbitration can be both Russian citizens and foreigners who speak Russian at the proper level. The duties of the arbitrator include an unbiased and objective examination of cases falling within the competence of the commission.
The Executive Secretary of the Arbitration performs the functions of organizing and ensuring the process of consideration of disputes by arbitrators.
The costs of procedural actions and fees of members of the Arbitration
Financing of the work of the commission is carried out at the expense of deductions of participants in the process. Parties pay an arbitration fee and contribute funds to compensate the expenses of the Arbitration. The amounts of these deductions are determined in accordance with the special Regulations on fees and expenses, the approval of which falls within the competence of the leadership of MARIS.
The funds are credited to the accounts of MARIS and used for the purpose:
- Payment of expenses related to the activities of the commission.
- Payment of monetary remuneration (fees) to arbitrators and staff of the commission's office.
- Coverage of costs associated with the performance of procedural actions in the arbitration proceedings.
When considering cases, the Chairman of the Commission and the arbitrators may become aware of information that is a banking or commercial secret. The said persons have no right to disclose such information. In case of violation of this provision, the perpetrators are responsible for their unlawful actions.
Rules of the Arbitration Commission
In the process of consideration of cases in the Exchange Arbitration, the provisions of the Regulations approved by the decision of the MARIS Presidium are applied. The specified normative document establishes the general order of consideration of disputable questions and terms of the basic remedial actions.
In the course of preparation and hearing of the case, the terminology adopted in the Russian legislation regulating the activity of arbitration courts is applied. The cases are heard in Russian, if foreign citizens take part in the process, they must be provided by translators. The parties to the process can be both private individuals, residents and non-residents, as well as organizations, enterprises and institutions.
Terms of consideration of disputable issues should not exceed 30 working days. The specified period may be increased by agreement of the parties.
The dispute is resolved in closed mode. Persons who do not participate in the process may attend the meetings only with the consent of the parties to the conflict. The plaintiff and the respondent are entitled to represent their interests by qualified specialists.
Conflict at any stage can be resolved by concluding a settlement agreement. If the parties failed to find a compromise, the Commission decides on the case in an arbitration court.