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Arbitration Court in Latvia

Arbitration Court in Latvia

Updated on Friday 21st August 2015

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Arbitration-Court-in-LatviaThe court system in Latvia allows for disputes to be settled in general courts, but arbitration also plays an important role in disputes settlements. The main regulatory body in arbitration cases in Latvia is the Arbitration Court of the Latvian Chamber of Commerce and Industry. Arbitration in Latvia is very advantageous because it is flexible and it can be applied in various disputes.

The establishment of the Arbitration Court in Latvia

Two parties can go the Latvian Arbitration Court, when a dispute rises and they decide to solve their issues through a mutual agreement.  The Arbitration Court will abide by the rules of arbitration in Latvia.

Arbitration courts must register with Arbitration Court Register which is part of the Latvian Enterprise Register. In order to register an arbitration court, the founders must submit with the Trade Register all the documents required by the Civil Procedure Law.

According to the procedure rules, the Arbitration Court in Latvia once established must state its name that must be unique. Then it must state proceedings under which the arbitrators can be nominated or removed from their duties. The court must also declare the procedures that will be conducted when settling disputes and any other conditions.

Types of disputes that cannot be settled by Latvian arbitration courts

According to the Latvian Civil Law, any civil matter can be solved by an arbitration court, if it does not breach the following provisions:

  • -          the award to be enforced does not violate any rights or interests protected by Latvian laws,
  • -          any party of the dispute has a negative impact on the rights of the other party involved in the arbitration proceedings,
  • -          the award cannot be related to amendments made to the Civil Records Register,
  • -          the award cannot be related to the rights and duties of minors cared for by legal guardians or trustees,
  • -          the award cannot be related to immovable properties if one of the parties will be forbidden to purchase a property,
  • -          the award cannot refer to the eviction of one of the parties.

Employment disputes cannot be arbitrated if they refer to alterations or termination of contracts. Insolvency cases cannot be arbitrated either.

Arbitration proceedings in Latvia

If parties have concluded an arbitration agreement, they can submit their dispute to the appropriate arbitration court in Latvia. One of the parties, the plaintiff, will submit his/her claim in writing and the defendant will then respond with a counterclaim. The arbitration court will supervise the correspondence between parties and hear their pleadings and, at the end of the procedures, it will issue an award. The award will be made in writing and will bear the signatures of all the arbitrators.

For details about arbitration proceedings, you can contact our lawyers in Latvia. Our law firm in Latvia can also assist you in litigation cases.

 

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