Procedure rules

Applications for dispute resolution (on implementation by the CIS Economic Court of the powers conferred by paragraphs 22 and 23 of its Rules of Procedure) shall be made to the CIS Economic Court by interested States as well as by the bodies, institutions of the Commonwealth, represented by their authorities or authorized representatives.

Application notices and other documents addressed to the CIS Economic Court shall be delivered by fixing means of communication, drawn up in accordance with the rules of the documentation and signed by an official, whose powers are recognized by the CIS Economic Court without reasonable doubt, or confirmed by a special power of attorney or other appropriate document.

Fixing means of communication are any type of communication fixing the fact of sending a document or other kind of information in writing. A party sended a document or other information in writing shall submit sufficient evidence of sending this document or information to a specified recipient.

An application notice must state –

1) the name of the court to which the application notice is filed;

2) the name and the place of residence of the applicant;

3) the name and the place of residence of the defendant;

4) the applicant's claim to the defendant based on legal grounds, and in case of bringing an action against several defendants - claims to each of them;

5) the circumstances of the claims and the evidence supporting these circumstances;

6) the amount of the claim if the claim is subject to evaluation;

7) calculation of the amount requested for recovery or disputed amount;

8) information whether the applicant complied with the requirements to use first pre-trial procedures if it is provided by an act of the Commonwealth or a Treaty;

9) the list of the attached documents.

The application may contain other information, including phone and fax numbers, e-mail addresses, if they are necessary for the proper and prompt case pending as well as it may contain supplementary requests, including a request for discovery or other subjects.

The applicant must send a copy of the application and attached documents to each Party involved in the case by registered mail with acknowledgment of receipt.

The application is to be signed by the applicant or a person authorized by the States concerned, authorities, institutions of the Commonwealth, or authorized representatives.

The following items shall be attached to and presented with the application:

1) acknowledgment of receipt or other evidence of sending of a copy of the application and documents attached thereto to each Party involved in the case;

2) documents supporting circumstances on which the applicant’s claim is based;

3) the power of attorney or other documents confirming signing capacity;

4) documents proving that the applicant complied with the requirements to use first pre-trial procedures if it is provided by an act of the Commonwealth or a Treaty;

5) a document confirming the payment of the litigation fee in accordance with the established procedure and in amount specified in paragraph 49 of the Rules of Procedure, if the application is submitted by a State not participating in the Agreement on the Status of the CIS Economic Court (July 6, 1992).

The application shall be registered in accordance with the procedure established by the CIS Economic Court.

The President of the CIS Economic Court within ten days submits the application with the attached documents to the Collegium of the CIS Economic Court and appoints the Judge-Rapporteur and the General Counsel.

The Collegium of the CIS Economic Court not later than thirty days after receiving the application shall hold a session in order to make a decision whether the application shall be taken into consideration or shall be dismissed. The dismissed application is held in the CIS Economic Court, and the attached documents are returned to the applicant.

The reason for dismissal of the application is lack of the CIS Economic Court’s jurisdiction.

The decision of the CIS Economic Court’s Collegium on taking the application into consideration or on dismissing it shall be signed by the Collegium.

A copy of the decision on taking the application into consideration is sent to each Party involved in the case within five days.

The decision on dismissing the application may be appealed to the the CIS Economic Court’s Plenum. If the Plenum reverses such decision, the application is considered as being filed on the day of its initial registration in the CIS Economic Court.

Collegium of the CIS Economic Court may combine a number of cases on similar questions involving the same Parties into one proceeding.

Collegium of the CIS Economic Court may single out one or more combined claims for considering them in separate procedure.

The Collegium of the CIS Economic Court makes a decision on combination or separation of the claims.

If the application is taken into consideration, copies of this decision of the CIS Economic Court’s Collegium with the attached documents supporting the applicant’s claims are to be sent to to each Party involved in the case, to the States concerned, and if necessary, to the authorities and institutions of the Commonwealth within ten days of the date of making the decision.

The Collegium discontinues the application, in case the Collegium finds that it has been filed in violation with the requirements of paragraphs 56 and 56-1 of the Rules of Procedure.

The CIS Economic Court indicates in its decision on dismissal of the application the grounds for discontinuing the application and sets the time limit required for elimination of the circumstances that led to dismissal of the application.

A copy of the decision on dismissal of the application is sent to the applicant.

If the circumstances that led to dismissal of the application are eliminated within the time limit prescribed in the Collegium’s decision, the application is considered as being filed on the date of its initial submission to the CIS Economic Court. The CIS Economic Court commence proceedings.

If the circumstances that led to dismissal of the application are not eliminated within the prescribed time limit, the Collegium returns the application and the attached documents in accordance with paragraph 59 of the Rules of Procedure.

The Collegium returns the application if it determines while considering the application that:

1) there is a number of claims to one or more defendants in the application and these claims are not related to each other;

2) the applicant submitted a request for return of the application before the Collegium making a decision on taking the application into consideration;

3)circumstances that led to leaving the application without action have not been eliminated within the time limit prescribed by the Collegium.

The Collegium issues a determination on the returning of the application.

The determination on the returning of the application can be appealed to the Plenum of the CIS Economic Court. In case is the Plenum cancels the Collegium’s determination, the application is considered as being filed on the date of its initial submission to the CIS Economic Court.

The application on the same grounds can be submitted to the CIS Economic Court again if the circumstances that led to its previous returning have been eliminated.

In the decision on taking the application into consideration the Collegium of the CIS Economic Court may set out any interim measures to ensure the rights of the parties. Notice of the proposed interim measures is to be immediately sent to all interested Parties.

The decision on taking the application into consideration along with interim measures that ensure the rights of all interested Parties, may also contain the pre-trial procedure.

No later than within thirty days after making the decision on initiation the proceeding, the Collegium of the CIS Economic Court holds a preliminary session to settle the following questions:

  • clarification of the claims in action and objections to it with prescribing the time limits for submission of all the necessary additory documents ;
  • the parties’ acts for their preparation for the court hearings with prescribing the time limits for such acts;
  • commission of expert evidence;
  • mandate to the General Counsel- of the CIS Economic Court;
  • other issues.

Following the preliminary session results the CIS Economic Court makes a decision that is sent to the Parties, and if necessary, to other addressees, within 10 days.

The decision shall contain:

  • names of the members of the Collegium of the CIS Economic Court and of the General Counsel of the CIS Economic Court;
  • names of the parties to the case and their address, to which notifications and all the relevant procedural documents are to be sent;
  • subject-matter of the dispute;
  • the parties’ acts for their preparation for the court hearings within prescribed period; commission of expert evidence specifying the experts and their tasks;
  • witnesses subpoenaed to the following session of the CIS Economic Court; time and place of such session;
  • other circumstances that the CIS Economic Court considers necessary for making the decision.

The decision is signed by all the members of the Collegium of the CIS Economic Court.

 

Application to the CIS Economic Court for requests for interpretation

Requests for interpretation may be filed to the CIS Economic Court by the member-states of the Commonwealth of Independent States represented by their competent authorities or by supreme economic (arbitration) courts or other supreme authorities settling economic disputes in these States, or by the bodies and institutions of the Commonwealth.

The request for interpretation shall be submitted to the CIS Economic Court in written form and shall contain a precise description of the issue being interpreted. All the necessary documents or copies shall be attached to the request.

The request for interpretation is registered in accordance with the procedure established by the CIS Economic Court. The President of the CIS Economic Court shall designate the Judge-Reporter within five days of the registration date. The President of the CIS Economic Court refers the request for interpretation to the Judge-Reporter for preliminary study within 15 days.

Chapter 6 of the Rules of Procedure specifies proceeding on the cases of interpretation conducted by the full panel of the CIS Economic Court, or the Plenum of the CIS Economic Court on complaints on the Collegium of the CIS Economic Court’s decisions.