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FAQ

FAQ

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1. What is the difference between the arbitration court and the state court?

 

Arbitration court is not a state institution. Arbitration court resolves legal civil disputes within its competence and, in comparison with the dispute resolution in the state court, can offer a number of advantages. Arbitration court as well as negotiations and mediation is an alternative dispute resolution mode.

 


2. What kinds of disputes does the arbitration court resolve?

 

The arbitration court has a right to resolve any kind of legal civil dispute, except:

-

disputes connected to changes in the register of civil status acts;

-

disputes connected with the rights or legally protected interests of the person under guarantee and guardianship or person acknowledged as insolvent;

-

disputes connected with the establishment, change or termination of the immovable property rights, where among the participants of the dispute there is a person whose rights to own, manage or use the immovable property are limited by the law;

-

disputes the resolution of which can affect the rights or legally protected interests of the person not participating in the arbitration court agreement;

-

disputes where one of the parties is a state institution or local government institution;

-

disputes stipulated by the special legislation acts of the Republic of Latvia.


3. Is it possible to appeal against the rulings of the arbitration court?



The rulings of the arbitration court cannot be appealed against. The arbitral rulings enter into force the moment they are delivered if not indicated otherwise in these rulings.


4. Where is it possible to receive the court order based on the rulings of the Riga Arbitration Court?

 

The court order to enforce the rulings of the Riga Arbitration Court can be received in the State Court of Vidzeme District of Riga located at Abrenes street 3, Riga, LV-1003, phone 7077218, 7077222.


5. Which documents should be submitted to the regional court in order to receive the court order based on Riga Arbitration Court rulings?

 

In order to receive the court order it is necessary to submit to the regional court the following documents:

1

Request to deliver the court order and to enforce Riga Arbitration Court ruling.

2

Ruling of the Riga Arbitration Court.

3

Document confirming the written consent of the parties to submit the dispute for resolution to the Riga Arbitration Court (agreement with the arbitration court clause; separate agreement about the dispute resolution in the Riga Arbitration Court, etc) or the copy of this document certified by the notary.

4

Proofs that the party in respect of which the Riga Arbitration Court ruling shall be enforced, is informed about this (Proposal to carry out voluntarily the Riga Arbitration Court ruling) and the confirmation from "Latvijas pasts" about registered letter receipt.

5

Document about the state tax payment.


6. Which are the justified reasons to refuse the delivery of the court order?

 

The judge refuses to deliver the court order if the party regarding which the enforcement of the arbitration court ruling is requested, submits the proof that:

1

An incapable person has concluded the arbitration court agreement or that the arbitration court agreement is not valid according to law applicable to this agreement.

2

The party has not been informed appropriately about the appointment of the arbitrators or arbitral proceedings and this has significantly affected or can have affected the arbitral proceedings.

3

The arbitral tribunal has not been composed or arbitral proceedings have not been convened in accordance with the conditions of the arbitration court agreement or part "D" of the Civil Process Law.

4

The arbitration court rulings have been made about the dispute that has not been foreseen by the arbitration court agreement or does not correspond to arbitration court agreement conditions or where the issues not belonging to the arbitration court agreement have been resolved. In this case the court order can be delivered for the part included into arbitration court agreement where this part can be separated from the issues not included into agreement.

The judge may refuse to deliver the court order also in the cases when only state court can settle the dispute.


7. What to do in case the regional court has refused to deliver the court order?

 

The decision of the regional court not to deliver the court order can be appealed against in the district court by submitting the complaint to regional court within 10 days from the date when the plaintiff has received the copy of the decision.


8. Which documents are necessary in order to submit the claim to the Riga Arbitration Court?

 

To submit the claim to the Riga Arbitration Court it is necessary to present the following documents:

1. The statement of claim where it is necessary to indicate the following information:

a)

information about the parties:

Juridical persons: name and residence place (official address), registration number, phone and fax number, if known to the plaintiff.
Physical persons: name, surname, residence place and personal code, phone number, if known to the plaintiff.

b)

summary of the dispute, claim amount, calculation of the claim amount;

c)

ground for action and confirming evidence;

d)

applicable law;

e)

essence of the plaintiff's claim;

f)

list of the enclosed documents.

2. Documents accompanying the statement of claim:

a)

agreement of the parties to settle the dispute in the arbitration court where this consent is not a part of the agreement from which the dispute results;

b)

agreement from which the dispute results;

c)

documents referred to by plaintiff in the statement of claim;

d)

as many copies of the statement as there are respondents for the case;

e)

e) evidence on arbitration procedure expenses and arbitrator's fee.

The statement of claim is accompanied by as many copies of this statement of claim as there are respondents for the case.


9. How are the rulings of the Riga Arbitration Court carried out?

 

The rulings of Riga Arbitration Court are binding for the parties and shall be carried out voluntarily.

Where the ruling of the Riga Arbitration Court is not carried out voluntarily, the interested party shall have the right to apply to State Court of Vidzeme District of Riga with the request to deliver the court order and enforce the ruling.

After receiving the court order the interested party has the right to submit the court order for the enforcement to the bailiff according to the location place of the debtor (officially registered address or residence place) or to the place where debtor's property is located.