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Figures and Facts
Tatarstan energy holding is among the first hundred of the biggest companies of Russia. According to recently published rating of the agency "RosBusinessConsulting", based on the earnings of the companies for 2005, JSC "Tatenergo" ranked third among the country power engineering companies after the RAO "UES Russia" and "Mosenergo".
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Arbitral Energy Court
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 Arbitration Court Brief
List of judges of Arbitration Energy Court
List of personnel of ANO "Arbitration Energy Court"
Contact Information
Arbitration Court Brief
Under current conditions the arbitration procedure is an efficient form of entrepreneurs rights and interests protection. In advanced countries the entrepreneurs prefer to settle their disputes in the trade (business) courts, not included in state court system.
Procedure of Arbitration is based on principles of protection of interests of specific parties to assets turnover. It allows the parties to dispute themselves to elect the judges, whose qualification and experience they trust, who guarantee protection of their interests, including the business secrecy, in case of necessity allows the enforcement of the taken decision. The basic sources of the decisions taken in Arbitration courts are the agreements of the parties themselves, business practice, and practice of considering the such category of disputes, including in arbitration courts of RF.
Arbitration courts are not in subordination relations with any state bodies, however, they are recognized and supported by the government as the jurisdiction bodies, effecting rights of conviction adjudication regarding some categories of disputes. Which provides the prospective development of this form of legal procedure.
Arbitration energy court, hereinafter, the Arbitration court, has been established by resolution by Board of Directors of JSC "Tatenergo" on November 19, 2002. The basic documents wee approved at the same time: Provision, Order and Provision on arbitration fees and expenses.
The responsibilities of Arbitration court include the handling of disputes, occurring mainly in connection with failure to fulfill or undue fulfillment of contract for power supply, other related relations with regard to power supply, between business companies, individual entrepreneurs, and other legal entities, registered in Russian Federation, and between individuals - nationals of Russian Federation. Arbitration court considers only economical disputes, occurring between the a.m. subjects and referred by law to responsibility of respective courts. It does not consider the disputes with their participation of the managerial nature, for instance, about complaining the acts of the taxation or customs bodies. Its responsibility does not include the disputes involving the foreign individuals.
The mandatory condition for entering on the reference will be the agreement on this between the parties in dispute. Often such agreement is fixed in the contract concluded by them as the special "Arbitration agreement" in accordance with which the parties to contract undertake to assign the each or any certain discrepancies for settlement by this court according to the rights of the acting Order. Agreement of settling the dispute in Arbitration court may be achieved later, separately from the contract. As well as after occurrence of the dispute. For application to Arbitration court the preliminary order of dispute settling by the parties themselves, is not required.
In settling the dispute the content of the respective agreement shall apply and the applicable Russian laws.
As the Arbitration judges of Arbitration courts the parties may elect the persons specified in list of judges and any other persons with the required qualification. Hi-skilled members of judges of Arbitration court, including the most famous lawyers, professionals in the area of civil law and specifically, in the area of relations in the power supply, guarantee the correctness of disputes settlement and protection of interests of bona fide participants of asset and economical relations in the area of power supply.
Parties on basis of agreement, may elect the sole judge, or each party will appoint the judge, and the judges elected by them, will in turn appoint the third judge - the Chairman of membership. At request of the Parties or if there are no their instructions, the judge may be appointed by the Chairman of Arbitration court. Elected or appointed judges are independent and disinterested in fulfilling their duties and cannot act as the parties’ representatives. Both to particular judges and to all the members on the grounds stipulated by the Order, may be taken exception against. This provides the unbiased and skilful consideration of the disputes. The Parties are informed on the nominated day of hearing by the subpoena. In absence of evidence of informing a party, the hearing of the case will be adjourned. Default by Parties or their representatives in appearance in the court if there is proof of evidence of their informing on the time of case hearing, will not be a hindrance for its considering.
In process of Arbitration trial the parties to a dispute have the full process parity. Each party shall prove the circumstances for which it makes references. Arbitration court is entitled but not obliged to demand the provision of additional evidence and basing on principle of adversaries, may make decision on materials presented by the parties, sustaining a claim in full or in part, or dismissing a claim.
Arbitration proceeding is conducted orally, however, if the parties wish, with keeping the Minutes, and is based on written evidence provided by the parties (though it does not exclude the hearing if required of the experts and witnesses, and study of other arguments). The outside persons are allowed to be present at the trial at the mutual agreement of the parties, that’s why the trial is usually close and guarantees the parties the keeping the business and other secrecy.
In accordance with the Order of Arbitration court the trial in it of specific dispute must not take over two months from the moment of formation of membership of the court. Amount of Arbitration fee is lower than the state duty in arbitration court, it is differentiated and determined according to a scale, decreasing in increasing the amount of the claim. This will provide realization of principles of cost-efficiency in settling the disputes.
Decisions of arbitration court, are as a rule, final and cannot be appealed as part of arbitration procedure on material grounds, which provides the observing the laws and protection of interests of parties of Arbitration proceeding from the common tactics of "stretching" the court procedure. Taking decision by Arbitration court excludes the possibility of applying with claim about the same subject and on the same grounds to the Arbitration court of RF. It is mandatory and subject to voluntary execution within the time limit, specified in decision itself, or subject to immediate execution. Decision of Arbitration court not fulfilled on a voluntary basis, may be enforced. At request of the of recovering party, the respective arbitration court decrees regarding the enforcement of decision of Arbitration court and issues the enforcement order. Thus, the decision of Arbitration court regarding its legal force does not concede the usual judicial decision.
Advantages of Arbitration court
Advantages of Arbitration energy court over the arbitration court is explained by fast and cost-efficient Arbitration procedure, and by possibility to choose the courts for the participants of the dispute:
- Size of Arbitration (intermediate) fee is lower than the size of national duty, subject to payment in the national arbitration courts.
- Procedure of Arbitration trial is based on principles of protection of interests of specific parties to the asset turnover
- Parties are entitled to choose the judges both from the persons listed in the list of Arbitration energy court, including the most famous specialists in the area of civil law, and any other persons with appropriate skills. The judges appointed by each party will elect then the chairman. Such judges are independent from the parties in dispute and, not being their representative and provide the unbiased and skilled consideration of the dispute.
- If Parties stipulated in Arbitration agreement that the decision of Arbitration energy court is final, then the dispute will be finally handled by the court of one jurisdiction, elected by parties. The reversal of judgment will be possible only in framework of arbitral justice and only on formal-process grounds, stipulated in Article 233 of APC of RF. Finality of Arbitration judgment is the typical and significant feature of the Arbitration procedure, meaning the impossibility of stretching the procedure of dispute settling and reflecting the historically based demand of entrepreneurs in settling the occurring disputes fast and by efficient method.
- In Arbitration energy court the specifics of relations in area of power supply are better considered, which provides the efficiency of court trial. In Arbitration court the procedure on basis of the common rule, is close, the judgments of Arbitration court are often not published, and if they are published, then without indication of the parties to dispute, and without the other data allowing to determine the Parties, which provides the strict and efficient observance of business secrecy regime. In considering the dispute the principle of adversary proceeding is applied. The major grounds for making decision by the Arbitration court are the agreements, the trading custom and the existing court practice.
Arbitration Clause
Arbitration Clause is an agreement between the parties on transfer of dispute for consideration by the specific Arbitration court, which availability will be the mandatory condition of entering on the reference in Arbitration energy court.
Arbitration energy court recommends the next wording of the Arbitration Clause:
All disputes, disagreements and charges, occurring between the parties on basis of present contract or in connection with it, including regarding its execution, violation, termination or invalidity, are subject to decision in Arbitration energy court in accordance with its Order.
Decision of Arbitration energy court in accordance with Article 40 FL "Arbitration Courts in Russian Federation " will be final.
We have familiarized with Provision îf Arbitration energy court, Order of Arbitration energy court, the Provision of arbitration fees and expenses of Arbitration energy court and List of Judges of Arbitration energy cour.
Companies that use Arbitration Clause in business contracts
- "Auto Transport Company", ltd
- "Agrosila grupp", JSC
- "Aktanysh HPP", JSC
- "Almetievsk Thermal Grids", JSC
- "Vzlet - Kazan", ltd
- "Generation Company", JSC
- "Municipal Settlement Center", ltd
- "Dispatch Center", JSC
- "ZhilEnergoServis", ltd
- "Zelenodolsk Thermal Grids", JSC
- "EC Energoprogress", ltd
- "Kamzernoprodukt", JSC
- "Kamenergoprom", ltd
- "KER - Holding", ltd
- "Kazan Motor Building Production Association", JSC
- "Kazan – Stroyindustria", ltd
- "Security Company "Energoshchit", ltd
- "PPTK", ltd
- "PRP "Tatenergoremont", ltd
- NNOU Povolzhski Regional Center for Personnel Training "Energetik"
- "RDU "Tatenergo", JSC
- "Grid Company", JSC"
- "Srednevolzhskselelektrosetstroy", JSC
- "Tatenergosbyt", ltd
- "Tatelektroset", JSC
- "Òàtenergospetsremont", JSC
- "Teploenergostroyremont", ltd
- "Òàtenergo", JSC
- "Urussu Thermal Grids", ltd
- "Chelny - Broiler", ltd
- "Energouchet", ltd
List of judges of Arbitration Energy Court
Chairperson of Arbitration Energy Court:
- Nikolai Yegorovich Karyagin - PhD of Law, Associate Professor of Chair of Civil Law and Process of Kazan State University
List of judges of Arbitration Energy Court:
- Sare Nurievna Abdullina - Doctor of Economics, professor of Kazan State Finance and Economics University
- Leisan Nurgayanovna Ahmetzyanova - Deputy Chairperson of ANO "Arbitration Energy Court", deputy head of law division of Kazan State University named after V.I. Ulianov - Lenin
- Teimuraz Ahmedovich Bagylly - Deputy General Director for legal issues of "Zlatoust Metallurgy Combine", JSC, Chairman of International Economical Arbitration of Chelyabinsk regional public organization "Alliance of Industrialists and Entrepreneurs"
- Damir Hamitovich Valeev - PhD of Law, Associate Professor of Chair of Ecological, Labor Law and Process of KSU named after V.I. Ulianov - Lenin
- Maxim Vladimirovich Vasiliev - lawyer of Advocatory Counsel #11 of Vahitovski district, Kazan, RT, assistant of Chair of Ecological, Labor Law and Process of KSU named after V.I. Ulianov - Lenin
- Vladimir Petrovich Vaskevich - Deputy Director for legal and personnel issues of KSU Cultural- Sports complex "UNIKS"
- Valeri Vasilievich Voronin - head of legal office of "Energosby"
- Emil Amirovich Gataullin - lawyer of advocates faculty "Raskin, Zhiharev and Gataullin"
- Gulnara Kausarovna Gainutdinova -deputy head of legal office of "Energosbyt" of JSC "Tatenergo"
- Ilnar Mansurovich Gilfanov - Director of ANO "Òarbitration Energy Court"
- Oleg Ivanovich Yevseev - head of legal department of JSC "Generation Company"
- Nikolai Stepanovich Yemelianov - PhD of Law, head of legal office of JSC "Kazanorgsintez"
- Ilgizar Aliahmetovich Zakirov - Deputy General Director of JSC "Generation Company" - Director for technical issues
- Pavel Zenovievich Ivanishin - PhD of Law, associate professor of chair of Civil Law and Legal disciplines of Kazan branch of Russian Academy of Justice of High Arbitration court of RF and Supreme Court of RF
- Alfia Nurulovna Kalimullina - head of legal department of OASO "Industrial Insurance Company"
- Igor Andreevich Kalinin - head of legal department of "Rosgosstrah-Tatarstan ", ltd
- Mikhail Vladimirovich Kapitonov - head of legal department of "Energouchet ", ltd
- Nikolai Yegorovich Karyagin - PhD of Law, Associate Professor of Chair of Civil and Entrepreneurship Law of KSU named after V.I. Ulianov - Lenin
- Ranas Mulahmetovich Kutlyev - âåäóùèé leading legal adviser of Legal Office of JSC "Tatneft"
- Petr Sergeyevich Lukianov - head of legal department of JSC "Nizhnekamsktire"
- Marat Faizrahmanovich Minibaev - head of department of legal provision of JSC "Tatenergo"
- Andrei Valerievich Mikhailov - PhD of Law, Associate Professor of Chair of Civil and Entrepreneurship Law of KSU named after V.I. Ulianov - Lenin
- Artem Vladimirovich Orlov - chief legal adviser of JSC "Kazan Motor Building production Association"
- Lyudmila Afinogenovna Ryazanova - Deputy head of Legal Office of JSC "Nizhnekamskheftehim"
- Ilnar Ravilevich Safin - Director for Development Department of Bank "Kazanski"
- Alexey Viktorovich Sergeev - Deputy head of Department of Legal provision of JSC "Tatenergo"
- Timur Zyavdatovich Sibgatullin - instructor of Russian Academy of Justice of High Arbitration court of RF and Supreme Court of RF
- Alla Lvovna Skvortsova - chief arbitrator of JSC "KamAZ"
- Marina Vladimirovna Smirnova - head of legal department of "Company of Production- Technical procurements", ltd
- Aidar Rustemovich Sultanov - head of Legal Office of JSC "Nizhnekamskheftehim"
- Mikhail Yurievich Chelyshev - PhD of Law, acting chief of the Chair of Civil and Entrepreneurship Law of KSU named after V.I. Ulianov - Lenin
- Robert Sadikovich Shakirov - Deputy General Director for Security Office of ÀF "Sosnovoborskaya"
- Valeri Nikolaevich Shlyannikov - honor research staff of RÒ, Doctor of technical sciences, eminent professor, Deputy Director of Research Center of Power Engineering Problems of Russian Academy of Sciences
- Artem Maratovich Yanborisov - head of legal department of JSC "Grid Company"
List of personnel of ANO "Arbitration Energy Court"
- Ilnar Mansurovich Gilfanov - Director of ANO "Òarbitration Energy Court"
- Nikolai Yegorovich Karyagin - Chairman of the Court
- Leisan Nurgayanovna Ahmetzyanova - Vice -Chairman of the Court
- Lyudmila Yevgenievna Ivanova - Chief Accountant
- Irina Anatolievna Vilkova - responsible clerk of court
- Gulzida Nailevna Sharapova - Gulzida Nailevna Sharapova
Contact Information
Address: PO/Box 33, Volkova str., 79, Kazan, 420012,
Phone: (8432) 236-68-64 (fax), 236-69-06
TIN 1655061670
Acc. 40703810200000000009 in branch of JSC "Akibank", Kazan
Cor/añc 30101810300000000916 in GRKT NB RT
BIC 049205916
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Arbitral Energy Court