ESTONIA ARBITRATION ACT
Act
Of The Republic Of Estonia on the Court of Arbitration
of the Estonian Chamber of Commerce and Industry
as amended by the "Act
amending the Act of the Republic of Estonia on the Court
of Arbitration of the Estonian Chamber of Commerce and
Industry, the Code of Enforcement Procedure and the
Value-Added Tax Act" passed on 10 February 1999
Consolidated text as of 10
February 1999
1. (1) The Court of Arbitration
of the Estonian Chamber of Commerce and Industry (hereinafter
"the Court of Arbitration") shall be a permanent
court of Arbitration established by the Estonian Chamber
of Commerce and Industry for the settlement of disputes
arising out of contractual and other civil law relation-ships,
including foreign trade and other international economic
relations.
(2) The Court of Arbitration shall be a non-governmental
institution.
2. The Court of Arbitration
shall settle disputes on the basis of statements of
claim provided that:
1) the parties have concluded a written agreement to
refer an existing or possible dispute to the Court of
Arbitration for settlement;
2) the agreement to settle the dispute in the Court
of Arbitration has been ex-pressed by the claimant by
submitting a claim and by the respondent by action evidencing
its voluntary subjection to the jurisdiction of the
Court of Arbitration;
3) the dispute falls within the jurisdiction of the
Court of Arbitration under international agreements.
3. (1) The procedure for
forming the arbitral tribunal and for settlement of
disputes shall be regulated under the Rules of the Court
of Arbitration, which shall be confirmed by the Council
of the Estonian Chamber of Commerce and Industry.
(2) The Rules of the Court of Arbitration shall be prepared
in accordance with the Arbitration Rules of the United
Nations Commission on International Trade Law (UNCITRAL)
(adopted by Resolution 31/98 of the UN General Assembly
of 15 December 1976).
31. (1) In settling
disputes, the Arbitral Tribunal shall apply the legislation
agreed between the parties. In the case of reference
to the applicable law of a specific state, the agreement
shall be regarded as not applicable to the conflict
of laws rules of that state unless otherwise agreed
by the parties.
(2) Where the parties have not agreed on the applicable
law, the Arbitral Tribunal shall apply the Estonian
law.
(3) The Arbitral Tribunal may settle any dispute ex
aequo et bono where the par-ties have so agreed.
(4) In settling disputes, the Arbitral Tribunal shall
take into consideration the good trade practices.
4. In the Court of Arbitration,
disputes shall be reviewed by a sole arbitrator or several
arbitrators elected by the parties or appointed by the
Court of Arbitration.
41. (1) Unless
otherwise agreed by the parties, the Court of Arbitration
may, at the request of a party, apply the following
measures to secure the action:
1) the entry of a transfer prohibition note, or the
establishment of a judicial mortgage, on real property
belonging to the respondent in the land register or
the arrestment of movable property or money held by
the respondent or other persons, taking account of the
claim value;
2) prevention of the respondent from conducting certain
transactions and acts.
(2) Any award of the Court of Arbitration specifying
measures to secure the action shall be enforced in the
same manner as a final award of the Court of Arbitration
on the settlement of a dispute.
(3) For the recovery of possible damages caused by securing
the action, the Court of Arbitration may demand from
the applicant prepayment of a deposit with the Court
of Arbitration.
(4) Where the Court of Arbitration denies the claim
and where damages have been caused to the respondent
by securing the action at the request of the claimant,
the respondent may demand from the claimant the recovery
of damages.
42. The Court
of Arbitration may request from county or city courts
assistance for the procedure of proof or other court
procedures not falling within the jurisdiction of the
Court of Arbitration. The court shall resolve the request
in accordance with the procedural provisions applicable
to the procedure of proof or other court procedures.
5. The arbitrators shall
perform their duties independently.
6. Disputes shall be reviewed
in the Court of Arbitration for a fee. The rate and
the procedure for payment of arbitration fees shall
be laid down in the Rules of the Court of Arbitration.
7. (1) Within one month after
receipt of the award of the Court of Arbitration, any
interested party may apply for such award to be set
aside by the Tallinn Circuit Court where:
1) the person who concluded the agreement to settle
disputes in the Court of Arbitration was not legally
competent at the time of concluding such agreement;
2) the agreement to settle disputes in the Court of
Arbitration is invalid under that state's law whereunder
the parties have decided to evaluate the validity of
the agreement or, where the parties have not agreed
on such law, the agreement is invalid under the Estonian
law:
3) the party was not given proper notice of the appointment
of the arbitrator or of the Court of Arbitration proceedings
or was for other reasons unable to present or defend
its views on the case;
4) the award of the Court of Arbitration deals with
a dispute not subject to settlement in the Court of
Arbitration under the agreement between the parties;
5) the composition of the Arbitral Tribunal or the Court
of Arbitration procedure was not in accordance with
the agreement of the parties or with the Rules of the
Court of Arbitration, and such infringement has substantially
affected the award of the Court of Arbitration;
6) the settlement of the dispute does not fall within
the jurisdiction of the Court of Arbitration under the
Estonian law;
7) recognition or enforcement of the award of the Court
of Arbitration would conflict with the Estonian constitutional
order or public policy.
(2) Applications for setting aside awards of the Court
of Arbitration shall be submitted to the Tallinn Circuit
Court through the chairman of the Arbitral Tribunal.
The chairman shall notify the application to the counter-party,
who may present its views.
(3) Where the setting aside of an award of the Court
of Arbitration is applied for under clause (1) 4) of
this Section and the award settles several claims, certain
of which fell within the jurisdiction of the Court of
Arbitration, the Court shall set aside the award in
relation to the claims not falling within the jurisdiction
of the Court of Arbitration.
(4) At the request of the counter-party, the Court may
suspend the proceedings of setting aside the award of
the Court of Arbitration for a further award to be made
by the Court of Arbitration.
(5) An application for setting aside an award of the
Court of Arbitration shall be denied where the applicant
refers to infringements, of which it may have notified
the Court of Arbitration during the proceedings but
has not done so in due time.
(6) An appeal against any award of the Court of Arbitration
shall not suspend the enforcement of the award. The
enforcement may be suspended by the Court
(7) Any court judgment setting aside an award of the
Court of Arbitration shall not result in the invalidity
of the agreement to settle disputes in the Court of
Arbitration.
71. (1) In reviewing
applications referred to in Subsection 7(1), the Tallinn
Circuit Court shall apply the appellate procedure provisions
of the Code of Civil Procedure insofar as this is in
accordance with the meaning of the arbitral proceedings.
(2) The Circuit Court shall settle the application by
judgment.
(3) The Circuit Court shall deny the application or
set aside the award of the Court of Arbitration.
(4) The Circuit Court judgment shall be final and not
subject to appeal.
8. Awards of the Court of
Arbitration made in Estonia shall be enforced in respect
of any person in Estonia in accordance with the procedure
laid down in the Code of Enforcement Procedure.
9. Awards of the Court of
Arbitration made in Estonia shall be enforced in respect
of any person in a foreign country in accordance with
the procedure laid down in the Code of Enforcement Procedure.
Such awards shall be regarded as foreign arbitral awards
within the meaning of § 74 of the Code of Enforcement
Procedure.
|
A. Rüütel
Chairman of the Supreme Council of the Republic
of Estonia Tallinn, 14 August 1991 |
* - Sections as amended or
inserted by the Act of 10 February 1999
Originally passed on 14
August 1991
Entered into force on 31 August 1991
Published in the State Gazette (RT) 1991, 25, 308
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