RAC


	Оpening speech
	References from customers
	Advantages

Оpening speech

One of the most important privileges in the market economy is freedom of choice. The more rival suppliers on the market, the wider the spectrum of offered services and goods, the better protection of consumer rights and smaller possibility to purchase defective item. In our everyday life we easily apply the freedom of choice, for instance, when shopping. Rival items are placed side-by-side and prices, quantities and manufacturers are displayed. But what we are to do when we need to choose a court for eventual settlement of some dispute? In this case to make a right choice we have to get some idea about the advantages of the Arbitrage and evaluate facts related to the actions of Arbitrage.

Arbitrage as institution successfully operates in our country as of the nineties. The number of disputes settled by Arbitraries, step beyond ten thousands. Arbitrage is one of the alternatives for settling the dispute alongside the discussions and mediation. Unfortunately there is a part of society, including businessman, who are circumspect towards settling the conflicts in Arbitrage. Due to these reasons many businessman, when concluding the contract, are hesitant about selecting the court: official court or Arbitrage.

Arbitration court is private institution that solves civil disputes within the scope of its competence; Arbitrage has line of preferences compared to official court, for instance:

Further...

1. Hearing of the dispute is prompt;
Usually the proceedings at Arbitration court last for 4 - 5 weeks. This is due to three basic factors:
First, unlike the official court, there is no hearing of dispute at several instances;
Second, if one of the parties does not attend the court hearing without plausible reason or does not submit reference on the claim, the Arbitrage hears the dispute in absence of the disputant;
Third, the verdict of Arbitrage is final and non-appealable.

2. The highest qualification and competence level of Arbitraries
One of the basic principles characterizing the Arbitrage – we attract persons that are competent and skilled in precisely the sphere where the dispute arose. The Parties choose at their own one or several Arbitraries to review the existent or eventual dispute.

3. Lower court costs
Taking into account the fact that in most cases the total time of proceedings (from moment of submitting the claim till final verdict) at Arbitrage is significantly shorter then within the official court system, the total court costs in Arbitrage (state tax, legal fee, travel expenses, unearned profit etc) are lower.

The verdict of arbitration court becomes effective with announcement and is non-appealable.

Rīga Arbitration court is independent, permanent Arbitrage that is founded on the base of Latvian legislation and registered in the Arbitration Register under number 40003756873. Rīga Arbitration court hears disputes between legal and physical persons under its competence.

It has to be noted that Rīga Arbitration court is the eldest and most popular Arbitrage in Latvia; it was registered in 1998, and in the course of its actions has settled more then several thousands of disputes. The verdicts of Rīga Arbitration court are recognized in all countries around the world. The staff at Rīga Arbitration court includes several prominent Latvian advocates and lawyers with impeccable reputation and huge experience.

The principles of Rīga Arbitration court are: legality, confidentiality, impartiality, independence and objectivity of the Arbitraries during hearings. Arbitrary is trying to reach settlement between the disputants in order to settle dispute by means of discussions, so that disputants would retain their partnership.

Choosing the Rīga Arbitration court as trusted instance, you will exercise your rights of freedom of choice and ensure quality, impartiality and shortest terms in making the verdict – without any bureaucracy obstacles and excess expenses.

Due to the aforementioned reasons Arbitrage is popular in the modern society, and it is perfectly fit method for settling the economic disputes both within one country and internationally in commercial relations and market area.

Our main task as said before – is to settle the disputes impartially and in high quality. Choose to cooperate with professionals!

See you at Rīga Arbitration court!

Jurijs Ņikuļcovs
Chairman of Rīga Arbitration court

Jurijs Ņikuļcovs, Chairman of Rīga Arbitration court.

Jānis Rozenbergs

   The characteristic feature of a democratic and legal state is that individuals are free to choose how to defend their rights. State courts are assigned to play the basic role in the defense of infringed and disputed civil rights of physical and juridical persons and in the defense of interests that are protected by law, but at the same time state allows the existence of alternative for the state court defense. The parties participating in property and other kinds of civil disputes have the right to apply for the dispute resolution to the arbitration courts in cases there is a mutual consent between the parties.

   Arbitration court is an institution of the non-state jurisdiction where the parties participating in the civil case have the possibility to choose themselves the arbitrators resolving the dispute. This principle of creating the arbitral tribunal does not affect the principle of independence and impartiality. The arbitrator must fulfill his duties honestly without being subject to any kind of influence. The rulings of the arbitration court should be lawful and justified. The resolution of disputes in the arbitration courts is not an entrepreneurial activity.

   Apart from providing to individuals the guarantees to defend their rights, as do the state courts, arbitration court also provides several undisputable advantages in comparison with the state court. These are: faster dispute resolution, confidentiality, lower court expenses, the possibility for the parties to choose a suitable way of dispute settlement, including place of arbitration, language of arbitration and the type of procedure (oral hearing or written procedure). The main advantage of the arbitration court is the possibility to invite as arbitrators highly qualified and competent experts to participate in the dispute settlement. That is why in the modern society arbitration court is a widely acknowledged and used facility for the regulation of property disputes and this refers not only to local civil and commercial relations but also to international trade.

Далее...

   However, even taking into account the advantages of the arbitration courts and the international practice, dispute settlement with the help of the arbitration courts is not currently widely used in Latvia. There are several reasons for it. First of all, Latvia lacks historical traditions in the sphere of arbitration activities. Before the Second World War and during the Soviet times the only arbitration courts were of ad hoc type and they were created to resolve specially chosen disputes (and this happened quite rarely). Arbitration courts working on the permanent basis appeared in Latvia only after renewing the state independence. However, these arbitration courts could not to a full extent unfold their activities due to the absence of legislation that would completely correspond to modern requirements. Until 1st of March 1999 the "Arbitration Court Regulations" being a part of the 3rd Annex to Latvian Civil Process Code of 1963 remained in force.

   Presently the situation has changed very much. On the 14th October 1998 new Civil Process Law has been approved where a special part D consisting of six divisions is dedicated to arbitration courts. Thus the Civil Process Law provides more complete and versatile regulation for the arbitration courts. When elaborating part D of the Civil Process Law, it was decided to take into account the experience of other states and international arbitration conditions and regulations.

   The aim of the Civil Process Law was to provide regulations for the basic issues connected to the activities of the arbitration courts. There are deliberate "gaps" left in the Civil Process Law and the arbitration courts are invited to fill them in through their local regulations. Local normative acts include statutes of the actively operating arbitration courts, regulations and rules. Unfortunately, many of the Latvia arbitration courts have simply rewritten the norms of the law, but the issues not regulated by the Civil Process Law are left unresolved. It is not thus a wonder that during the dispute settlement in these arbitration courts, misinterpretations and complications appear, which finally can lead to the violation of rights of one or both parties and inappropriate dispute resolution. Taking into account the above mentioned, I am particularly pleased to note that the Rules of the Riga Arbitration Court are complete and cover all the necessary issues. The conditions are clear and well-formulated and they can be easily understood, protecting the participants from unexpected surprises during the proceedings, they provide the possibility for the parties to defend fully their rights and lawful interests, and the arbitrators using them are able to pass fair judgments.

Jānis Rozenbergs
Doctor of the Law Sciences, Associated Professor

Jānis Rozenbergs, Doctor of the Law Sciences, Associated Professor