ABOUT INTERNATIONAL ARBITRATION
LAW OF THE REPUBLIC OF AZERBAIJAN
LAW OF THE REPUBLIC OF AZERBAIJAN
Chapter I. General Provisions
Article 1. Scope of application of the law
1. This Law shall apply to international trade arbitration in compliance with interstate agreements to which the Republic of Azerbaijan is a party.
2. The provisions of this Law (except for Articles 8, 9, 35 and 36) shall apply only if the place of arbitration is in the Republic of Azerbaijan.
3. Arbitration shall be considered international in the following cases:
c When an arbitration agreement (agreement) (hereinafter referred to as the "arbitration agreement") is concluded, the enterprises of its parties are located in separate states;
c One of the following places is located outside the state where the parties have their enterprises:
a) the place of arbitration, if this place is determined by or in accordance with the arbitration agreement;
(b) any place where the principal part of the obligations arising from the trade relationship is to be performed or where the subject of the dispute is closely related;
c The parties have firmly agreed that the subject matter of an arbitration agreement relates to more than one State.
4. For the purposes of paragraph 3 of this Article:
c If the party has several enterprises, the enterprise is considered to be the enterprise with the greatest relation to the arbitration agreement;
c If the parties do not have an enterprise, the permanent residence of the party shall be taken into account.
5. This Law does not apply to the laws of the Republic of Azerbaijan, which stipulate that certain disputes may not be submitted to arbitration or may be transferred in accordance with other provisions other than those contained in this Law.
Article 2. Basic concepts
The main concepts used in this Law have the following meanings:
a) "arbitration" means any arbitration, whether or not it is conducted by a permanent arbitral tribunal;
b) "arbitral tribunal" means a sole arbitrator or a panel of arbitrators;
c) if any other provision of this Law, except for Article 28, allows the parties to make a decision on certain issues, the parties may entrust the decision to any organization (department) or a third party;
d) If the provisions of this Law contain a reference to the agreement or possible agreement of the parties, or any other form of reference to the agreement of the parties, such agreement shall provide for any arbitration rules set forth in this agreement;
d) if there is a reference to the claim in any provision of this Law (except for Articles 25 (a) and 32 (2)), it shall also apply to the counterclaim. If there is a reference to the objection, it shall also apply to such objection.
Article 3. Obtaining written information
Unless the parties have agreed otherwise:
(a) Any written information delivered to the addressee in person or at his place of residence or at his postal address shall be deemed to have been received. If the delivery of information is not received in this manner, the written information is sent to the known last address of the enterprise or to the addressee's place of residence or postal address by registered mail, or on condition of registration in accordance with other forms of delivery of such information , it is considered acquired;
(b) The information shall be deemed to have been received on the day of such delivery.
2. The provisions of this Article shall not apply to information in the course of proceedings in courts.
Article 4. Renunciation of the right to protest
If any party is aware of non-compliance with any provision of this Law or any requirement of the arbitration agreement and continues to participate in the arbitration proceedings without expressing its objection, and an appropriate time limit has been set for the submission of this objection; the party shall be deemed to have waived its right to object during this period.
Article 5. Boundaries of state intervention
Except as otherwise provided in this Law, there shall be no judicial interference in matters governed by this Law.
Article 6. The court performing the functions of appropriate control and assistance in relation to arbitration
Paragraphs 3 and 4 of Article 11, paragraph 3 of Article 13, paragraph 1 of Article 14, paragraph 3 of Article 16, Article 27 and paragraph 2 of Article 34 of this Law The functions of the court referred to in paragraphs 1 and 3 shall be performed by the Economic Court of the Republic of Azerbaijan.
Chapter II. Arbitration agreement
Article 7. Definition and form of the arbitration agreement
"Arbitration agreement" means the agreement of the parties to submit to arbitration all or any disputes that may arise between the parties in connection with any specific legal relationship, regardless of the nature of the contract or other nature.
An arbitration agreement may be concluded in the contract as an arbitration clause or as a separate agreement.
2. The arbitration agreement shall be concluded in writing.
An agreement shall be deemed to have been concluded in writing if it is reflected in a document signed by the parties or in a letter.