Arbitration falls under the regulations of the Civil Code of Procedure in Estonia. The main sections referring to arbitration are Sections 712 to 757. According to the Civil Code of Procedure an arbitration agreement may be concluded as a separate contract or as a separate clause in a contract. It must also be noted that according to EU regulations Article 717 in the Civil Code has been amended in order to avoid the interpretation of arbitration agreements.
The arbitration agreement must be drafted in a clear and concise manner according to the Estonian Supreme Court. The arbitration agreement must contain information about its scope, the applicable law, the number and how arbitrators will be appointed and also on the language the arbitration will be made in. Regarding the object of the arbitration agreement, according to the Estonian legislation it must be a proprietary claim.
Arbitration procedures in Estonia are conducted by the Court of Arbitration of the Chamber of Commerce and Industry. It may rule in disputes from private law relations, foreign trade and international business disputes. The arbitration procedure will be confidential and the Estonian Court of Arbitration will not disclose any information without previous consent of both parties. The Arbitration Court in Estonia will accept to conduct the mediation of a dispute based on a written agreement, if both parties have agreed that the dispute will be resolved by the arbitration court and if the dispute falls under its jurisdiction.
Arbitration in Estonia will commence as soon a plaintiff will file a petition with the arbitration court and the defendant replies with another filing by which he or she consents to the arbitration procedure. Both parties are allowed to participate at the formation of the arbitration court and may make suggestions about the arbitrators and their number. The arbitration procedure in Estonia will usually take about six months. The decision of the arbitration procedure may be enforced as soon as it is made or it can be carried out by a bailiff.
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