This Regulation shall review the organization, functions, structure and cases of the powers of the Azerbaijan International Commercial Arbitration Court established under the INTERNATIONAL COMMERCIAL ARBITRATION Society in order to resolve disputes and disputes in cases provided for by the Agreement or the Agreement of the Parties. , regulates the issues of decision-making and implementation, in some cases, the rules of conduct, the legal basis of other relations.
Article 1. Powers of the court
1. "Azerbaijan International Commercial Arbitration Court" (hereinafter - BKAM) is an independent, permanent arbitration organization (jury) operating on a voluntary basis in accordance with the Law of the Republic of Azerbaijan "On International Arbitration" dated November 18, 1999.
2. Disputes on contracts and other civil-legal relations arising from the implementation of foreign trade and other types of international economic relations with the consent of the parties (if at least one of the parties has a commercial enterprise abroad), as well as foreign-invested and international Disputes between associations and organizations among themselves or between their participants, as well as disputes between them and other legal entities of the Azerbaijan Republic may be filed.
Disputes arising from civil relations, in particular, the purchase (delivery) of goods, settlement of cases, provision of services, exchange of goods and (or) services, transportation of goods and passengers, trade representation and intermediation, leasing, scientific Disputes arising from relations on technical exchange, exchange of other results of creative activity, creation of industrial and other objects, licensed operations, investments, credit-settlement operations, insurance (reinsurance), joint venture, other forms of industrial and entrepreneurial cooperation, etc. Disputes arising from commercial relations may be referred to BKAM.
3. BKAM considers disputes in accordance with the present Regulations, if there is a written Agreement or contract reservation for the settlement of disputes that have arisen or may arise between the parties.
4. BKAM is considered to have international powers in the following cases:
4.1. If any of the parties to the case is a foreigner and he has a place of residence or place of residence in the Republic of Azerbaijan, or a place of his usual arrival;
4.2. If at the time of concluding the arbitration agreement (arbitration agreement) the enterprises of its parties are located in separate states;
4.3. If one of the following places is located outside the state where the parties have their enterprises:
place of arbitration - if this place is determined by or in accordance with the arbitration agreement;
any place where the principal part of the obligations arising from trade and commercial relations are to be performed or where the subject of the dispute is closely related;
4.4. If the subject of the Arbitration Agreement is related to several states and the parties agree to it.
Article 2. Agreement on transfer of the dispute to BKAM
1. Arbitration Agreement - is the agreement of the parties to submit to arbitration all or certain disputes that have arisen or may arise between the parties on any issue, regardless of their contractual nature. The agreement may be concluded in the form of an arbitration clause (in the form of an additional provision) or in the form of a separate Agreement. The agreement is concluded in writing.
2. The Agreement on the Transfer of the Dispute to the BKAM shall be deemed to have been concluded in writing if it is reflected in a document signed by the parties or communicated through the exchange of letters, teletype, telegraph or other electronic means of communication. Reference in the contract to the arbitration clause is considered to be an Arbitration Agreement, provided that the contract is concluded in writing and this reference makes that reservation a part of the contract.
3. In the event of non-compliance with the rules provided for in parts 1 and 2 of this Article, the Agreement shall be deemed not to have been concluded.
4. The invalidation of the contract by the BCC does not invalidate the Agreement on the transfer of the dispute to the BCC.
5. If the plaintiff has submitted a statement of claim to the BCC, and the defendant has given an opinion on the statement of claim, the agreement to submit the dispute to the BCC for consideration is considered concluded.
Article 3. Renunciation of the right to protest
The Party shall be aware of the impossibility of fulfillment of any provision of this Regulation or non-compliance with any requirements of the arbitration agreement.