RULES OF PARTICIPATION

RULES OF PARTICIPATION OF PERSONS CONCERNED IN THE VIRTUAL CONFERENCE HALL OF THE AICAC

Approved by the Order of the AICAC President 

No. 103-71/os of August 17, 2016.

  1. The virtual Conference Hall of the AICAC consists of the closed (restricted access) forums related to separate arbitration cases considered by the AICAC.
  2. Each forum has an individual name, corresponding to the number of a particular arbitration case.
  3. Using the forum topics of the relevant case the parties to any dispute, their official representatives, the arbitrators, as well as experts, specialists and witnesses involved in the case, may present their arguments, testimonies, questions to other participants of the process, answers to their questions, as well as proofs in the form of text messages, electronic copies of documents, images, audio and video recordings.
  4. The virtual Conference Hall has been developed to contribute to the arbitration process optimization and acceleration of the information exchange between its participants. Besides, using such system we can reliably save all statements made by the participants of the process, as well as the evidence presented by them to substantiate their positions in the arbitration case.
  5. The events in the virtual Conference Hall related to the specific case go simultaneously with the procedure of its consideration. The hall is an additional auxiliary tool for the information support of the full-time arbitration proceedings. If any contradictions between the same facts are revealed in the course of the full-time arbitration of the dispute and the virtual procedures of its consideration, the fact uncovered in the course of the direct arbitration proceedings will have unconditional priority.
  6. The virtual Conference Hall can be used as one of the main tools for remote consideration of arbitration disputes.
  7. Persons who have been granted access to the closed forum on a particular case by the AICAC Secretariat may enter the Conference Hall. “Granting access” to the corresponding persons means that they are provided with a special login and an individual password.
  8. The Chairman of the Arbitral Tribunal supervises the work of the Conference Hall on a particular case. Any actions of participants in the Conference Hall can only be performed at the request or with the consent of the Chairman of the Arbitral Tribunal. Any participant of the procedure of the remote dispute consideration in the Conference Hall is entitled to perform any legally significant actions only after prior submission of a corresponding request to the Chairman of the Arbitral Tribunal and getting an approval of such actions.  
  9. In the framework of activities of the Conference Hall the participants of the process should address the arbitrators with the following words: "Your Honor" or "Mr. / Ms. _______".
  10. Violators of these rules can be temporarily or permanently banned by the Chairman of the Arbitral Tribunal from participating in events of the Conference Hall.
  11. Any evidence related to the arbitration case, which is remotely provided by the persons concerned in the Conference Hall, shall be recognized and taken into consideration by the decision of the Arbitral Tribunal only if all parties to the dispute agree to accept it. Such evidence acquires final and full legal significance and evidentiary power upon its direct (physical) delivery to the Arbitral Tribunal and to the participants of the proceedings during the full-time arbitration.
  12. The official language used by participants in the virtual events of the Conference Hall is the language indicated by the parties in their arbitration agreement. With the consent of the Arbitral Tribunal and the parties to the dispute, persons concerned can upload texts to the Conference Hall in two or more languages (translation).
  13. All participants of remote arbitration proceedings, which are implemented using the resources of the Conference Hall, are strictly prohibited:
    • to express elements of negligent, offensive, aggressive or other abusive behavior, which discredits the honor and dignity of participants of the remote arbitration proceedings through their statements and/or manner of communication;
    • to commit unlawful actions aimed at misleading the participants of the process or unreasonably influencing the results of arbitration;
    • to create unreasonable obstacles to implementation of legally significant actions by participants of arbitration, as well as the realization of their procedural rights and obligations;
    • to perform legally significant actions while unreasonably and maliciously pretending to be another person or representing another person without any proper legal grounds;
    • to delay the process deliberately and without proper justification;
    • to violate the norms of participation in the arbitration proceedings provided for by the AICAC Regulations, as well as these Rules;
    • to perform other actions, which can impede the prompt, complete, reliable, and comprehensive consideration of the arbitration dispute and rendering of a justified and fair award;
    • to disregard the justified requirements and instructions of the Arbitral Tribunal.
  14. The quantitative parameters, nature and the degree of combination of elements of full-time (direct) arbitration in a particular case and the virtual procedures using the Conference Hall shall be determined by the corresponding Arbitration Tribunal.
  15. Electronic materials related to a particular case and submitted by parties to the dispute through the Conference Hall are archived by the AICAC and stored for a period of 3 years from the day the proceedings end.
  16. Free access of persons concerned to the Conference Hall of a particular case shall be cancelled one day after the final award of the Arbitral Tribunal on the corresponding case is rendered. The parties to the particular dispute can be granted access to the materials of the Conference Hall by the AICAC Secretariat during 3 years from the date of termination of the proceedings.
  17. All issues related to functioning of the virtual Conference Hall of the AICAC and participation of persons concerned in the remote arbitration procedures, which are not directly regulated by these Rules, shall be regulated in each specific case by the decision of the Arbitration Tribunal Chairman or the AICAC Secretariat in accordance with the AICAC Regulations, the general principles of regulation of arbitration procedures, and the established rules of international law in the field of commercial arbitration.