Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
28 November 2014
(Constitutional Court Judgment) [shall come into force
from 28 November 2014];
6 October 2016 [shall come into force from 3 November
2016];
6 June 2024 [shall come into force from 4 July 2024].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following Law:
Arbitration
Law
Chapter I
General Provisions
Section 1. Purpose and Scope of
Application of the Law
(1) The purpose of this Law is to prescribe the procedures for
establishing arbitration courts and the basic principles of their
operation in order to ensure efficient and fair resolution of
civil legal disputes through arbitration.
(2) The provisions of this Law shall apply to arbitration
proceedings in Latvia.
Section 2. Arbitration and
Establishment of an Arbitration Court
(1) Civil legal disputes shall be examined by an arbitration
court in accordance with the procedures laid down in this Law in
conformity with the arbitration rules adopted by an arbitration
institution (hereinafter - the permanent arbitration court) or by
an arbitration court established for the resolution of a specific
civil legal dispute (hereinafter - the ad hoc arbitration
court).
(2) The permanent arbitration court may be established by an
association registered with the Enterprise Register (founder of
the permanent arbitration court), the purpose of operation of
which is the operation of the permanent arbitration court.
(3) The ad hoc arbitration court shall be established on the
basis of an agreement between the parties.
[6 June 2024]
Section 3. Legal Framework of
Arbitration
(1) The permanent arbitration court shall operate in
accordance with this Law and on the basis of its rules of
procedure, whereas the ad hoc arbitration court shall operate in
accordance with this Law.
(2) An arbitration court shall examine civil legal disputes in
accordance with the agreement between the parties, insofar as it
is not in contradiction with the Constitution of the Republic of
Latvia, this Law and also other laws and regulations.
(3) Organisation of arbitration proceedings and resolution of
disputes through arbitration is not considered a commercial
activity.
Section 4. Organisation of the
Operation of the Permanent Arbitration Court
(1) The founder of the permanent arbitration court shall
ensure the following for the permanent arbitration court:
1) separate premises suited for the operation of an
arbitration court;
2) the personnel necessary for record-keeping and receiving
visitors;
3) the maintenance of a website.
(2) The permanent arbitration court shall publish the
following information on its website:
1) the name and address of the permanent arbitration
court;
2) the procedures and office hours for receiving visitors;
3) the costs of arbitration proceedings and the account number
to which payments for the expenditures of arbitration proceedings
shall be transferred;
4) the rules of procedure of the permanent arbitration
court;
5) a list containing a minimum of 10 arbitrators of the
permanent arbitration court, specifying their given names and
surnames;
6) contact information (address of the location, telephone
number, e-mail address);
7) other necessary information.
(3) The founder of the permanent arbitration court shall
submit to the Enterprise Register the consent issued by the owner
of the immovable property (building or residential property) to
the registration of the address of location of the arbitration
court in the relevant building or residential property. The
consent shall indicate the address of the immovable property, the
cadastre number, the cadastral designation (if the immovable
property consists of several buildings), and the given name,
surname, and personal identity number of the owner (if a person
does not have a personal identity number - the date of birth, the
number and date of issue of the personal identification document,
the country and authority which issued the document) or the name
(firm) and registration number. The consent need not be given if
the address of the location of the arbitration court is being
registered in the premises owned by the founder of the
arbitration court.
(4) The documents addressed to the permanent arbitration court
shall be sent to the address of the location thereof.
[6 October 2016]
Section 5. Competence of an
Arbitration Court
(1) An arbitration court shall resolve any civil legal
dispute, provided that the parties have voluntarily agreed upon
and concluded an arbitration agreement, except for the
dispute:
1) the adjudication of which might infringe the rights of such
person who is not a party to the arbitration agreement;
2) where at least one of the parties is a State or local
government institution, or an arbitral award made on such an
institution might infringe the rights of the State or local
government institution;
3) related to entries made in registers of civil status
acts;
4) over the rights and obligations, or interests protected by
law, of such persons who are under guardianship or
trusteeship;
5) over the establishment, amendment or termination of
property rights with regard to the immovable property if a party
to the dispute is a person whose rights to acquire the immovable
property in ownership, possession or use are restricted by
law;
6) over the eviction of a natural person from residential
spaces;
7) between an employee and an employer, provided that the
dispute has arisen when concluding, amending, terminating or
fulfilling an employment contract or when applying or
interpreting legal norms or the provisions of a collective
agreement or working procedure regulations (individual labour
rights dispute);
8) over the rights and obligations of the persons for whom
insolvency proceedings have been declared.
(2) An arbitration court shall not resolve any disputes
related to the matters to be examined under special forms of
procedure.
Chapter
II
Operation of an Arbitration Court and the Basis for Its
Termination
Section 6. Registration of the
Permanent Arbitration Court
(1) The permanent arbitration court shall commence operations
after its registration in the Arbitration Court Register
maintained by the Enterprise Register.
(2) A State fee shall be paid for making an entry in the
Arbitration Court Register. The amount of the State fee and the
procedures for its payment and also the procedures for
registering the permanent arbitration court with and exclusion
thereof from the Arbitration Court Register shall be determined
by the Cabinet.
Section 7. Name of the Permanent
Arbitration Court
(1) The name of the permanent arbitration court must differ
from a name of an arbitration court already registered or
currently under registration with the Arbitration Court Register,
or from a name (firm) currently under registration or already
registered with any of the registers maintained by the Enterprise
Register, and it may not include any misleading information on
the purpose of operation, type, and legal form of the permanent
arbitration court.
(2) Other restrictions on the choice of the name (firm) and
provisions for distinctiveness specified for merchants shall also
apply to the name of the permanent arbitration court.
(3) The name of the permanent arbitration court may not be in
contradiction with good morals.
(4) Only letters of the Latvian or Latin alphabet may be
included in the name of the permanent arbitration court.
Section 8. Rules of Procedure of the
Permanent Arbitration Court
(1) The rules of procedure of the permanent arbitration court
shall specify:
1) the founder of the permanent arbitration court;
2) the name of the arbitration court. In addition to the name
of the arbitration court in Latvian, the rules of procedure of
the permanent arbitration court may also indicate the translation
of the name of the arbitration court in one or several foreign
languages;
21) the website;
3) the procedures for appointing arbitrators and terminating
their term of office;
4) the procedures for arbitration proceedings and the
resolution of disputes - procedural terms, the procedures for
submitting counterclaims, the procedures and grounds for
examining or postponing disputes and suspending and restoring
arbitration proceedings. The rules of procedure of the permanent
arbitration court may set out other procedural issues in
accordance with this Law;
5) the procedures by which signatures of arbitrators on awards
shall be certified;
6) the expenditures of arbitration proceedings, the amount of
arbitrator fees and the procedures for the payment thereof, and
also the procedures for reimbursing the expenditures of
arbitration proceedings;
7) other provisions governing the operation or proceedings of
an arbitration court.
(2) The founder of the permanent arbitration court shall make
a list of arbitrators of the permanent arbitration court in which
at least 10 arbitrators shall be included.
(21) The list of arbitrators of the permanent
arbitration court shall indicate the given name, surname, and
personal identity number (if the person does not have a personal
identity number - the date of birth, the number and date of issue
of the personal identification document, the country and
authority which issued the document) of each arbitrator included
therein. The personal identity number of an arbitrator (if the
person does not have a personal identity number - the date of
birth, the number and date of issue of the personal
identification document, the country and authority which issued
the document) shall not be publicly available information.
(3) The rules of procedure of the permanent arbitration court
and a certification confirming that the arbitrators included in
the list meet the requirements of Section 14, Paragraphs two and
four of this Law and that they are not subject to the
restrictions referred to in Section 15 of this Law, and also the
documents proving the qualification of arbitrators shall be
submitted to the Enterprise Register.
(4) The rules of procedure of the permanent arbitration court
shall be signed by the founder of the permanent arbitration
court.
(5) If amendments have been made to the rules of procedure of
the permanent arbitration court, the founder of the permanent
arbitration court shall submit to the Enterprise Register the
updated rules of procedure not later than within seven days after
the amendments have been made.
(51) If amendments have been made to the list of
arbitrators of the permanent arbitration court, the founder of
the permanent arbitration court shall submit an application to
the Enterprise Register for making changes in the entries of the
Arbitration Court Register. If a new arbitrator is included in
the list of arbitration court, a certification confirming that
the abovementioned arbitrator meets the requirements of Section
14, Paragraphs two and four of this Law and that he or she is not
subject to the restrictions referred to in Section 15 of this
Law, and also the documents proving the qualification of the
arbitrator shall be appended to the application.
(6) The founder of the permanent arbitration court shall, each
year by 1 March, submit a certification to the Enterprise
Register confirming that the permanent arbitration court and its
list of arbitrators meet the requirements of Section 4 of this
Law.
(7) The Enterprise Register shall ensure that the rules of
procedure of the permanent arbitration courts registered with the
Arbitration Court Register maintained by the Enterprise Register
are available on the website of the Enterprise Register free of
charge.
[6 October 2016 / New wording of Paragraphs two and
five, Paragraph 5.1, and also amendments to Paragraph
three shall come into force on 1 March 2017. See Paragraph
10 of Transitional Provisions]
Section 9. Supervision of an
Arbitration Court and Grounds for the Termination of
Operation
(1) The operation of the permanent arbitration court shall be
terminated by a decision of its founder or the Enterprise
Register.
(11) The Enterprise Register shall supervise the
conformity of the permanent arbitration court with the
requirements of Section 2, Paragraph two, Section 4, Paragraph
one, Clause 3, Paragraphs two and four, Sections 7 and 8, and
Section 14, Paragraphs one, two, three, and 4.2 of
this Law.
(2) The Enterprise Register shall take the decision to exclude
the permanent arbitration court from the Arbitration Court
Register if:
1) the permanent arbitration court does not conform to any of
the requirements laid down in Section 2, Paragraph two, Section
4, Paragraph one, Clause 3, and Paragraph two of this Law;
2) the permanent arbitration court cannot be reached at the
location specified by it;
3) the founder of the permanent arbitration court has failed
to submit the certification referred to in Section 8, Paragraph
six of this Law or has provided false information;
4) the requirement of Section 14, Paragraph four of this Law
has not been complied with;
5) the founder of the permanent arbitration court has failed
to fulfil the requirement of Section 14, Paragraph 4.2
of this Law.
(3) The operation of the ad hoc arbitration court shall be
terminated after resolving the dispute for the resolution of
which the arbitration court was established.
[6 October 2016]
Chapter
III
Arbitration Agreement
Section 10. Concept of an
Arbitration Agreement
(1) An arbitration agreement is an agreement concluded between
the parties in accordance with the procedures laid down in this
Law in order to refer a civil legal dispute for resolution
through arbitration.
(2) The parties may agree to refer such civil legal dispute
for resolution through arbitration which has already arisen or
may arise in future.
Section 11. Parties to an
Arbitration Agreement
An arbitration agreement may be concluded by any natural
person with the capacity to act, a legal person governed by
private law, or a legal person governed by public law in the
field of private law.
Section 12. Form and Content of an
Arbitration Agreement
(1) An arbitration agreement shall be concluded in writing. It
may be included as a separate provision (arbitration clause) in
any agreement that contains an obligation in relation to which a
civil legal dispute has arisen or may arise in the future, taking
into account the restrictions determined in Section 5, Paragraph
one of this Law. An arbitration agreement may be amended or
cancelled in accordance with a written agreement between the
parties.
(2) An agreement concluded by the parties exchanging with the
following shall be deemed to be a written agreement:
1) postal items;
2) messages using electronic means of communication;
3) a statement of claim and an explanation of the claim in
which one party claims that an arbitration agreement exists and
the other party does not deny it.
(3) The parties may agree on the following in an arbitration
agreement:
1) the permanent arbitration court or the ad hoc arbitration
court;
2) the location of arbitration proceedings;
3) the language of arbitration proceedings;
4) the number of arbitrators in the arbitral tribunal in
compliance with the provisions of Section 29 of this Law;
5) the procedures for covering the expenditures of an
arbitration court;
6) other issues deemed important by the parties.
[6 June 2024]
Section 13. Validity of an
Arbitration Agreement
(1) Persons who have concluded an arbitration agreement to
refer a civil legal dispute for resolution through arbitration
are not entitled to withdraw from such agreement, unless the
arbitration agreement is amended or cancelled in accordance with
the procedures laid down in the law or the agreement.
(2) An arbitration agreement shall be valid as long as the
legal relationship, due to which it has been concluded, has not
been terminated.
(3) If an arbitration agreement has been included in another
agreement concluded by parties as a separate provision, the
arbitration agreement shall be considered an independent
agreement. The arbitration agreement shall remain in effect if
the agreement in which it is included has expired or is declared
null and void.
(4) If a claim is assigned, the right of claim shall pass to
the assignee, apart from the arbitration clause regarding the
resolution of a civil legal dispute through arbitration as
included in the agreement.
Chapter
IV
Arbitrator
Section 14. Requirements for an
Arbitrator
(1) An arbitrator shall be a person who conforms to the
provisions of this Law and is appointed to resolve a civil legal
dispute in accordance with the provisions of the arbitration
agreement and this Law.
(2) Any person of legal age may be appointed as an arbitrator
who has agreed in writing to be an arbitrator and meets the
following requirements:
1) a trusteeship has not been established for him or her;
2) he or she has an impeccable reputation;
3) he or she has acquired a higher vocational or academic
education (except for the first level vocational education).
(3) If a person who may work as an advocate in accordance with
the Advocacy Law, except for assistants to sworn advocates, has
agreed in writing to act as an arbitrator of the permanent
arbitration court and no restrictions referred to in Section 15
of this Law apply to him or her, the conformity of this person
with the requirements of Paragraph two of this Section shall be
considered verified as of the moment when such person has been
included in the list of sworn advocates.
(4) An arbitrator of the permanent arbitration court may not
be included in the lists of more than three permanent arbitration
courts.
(41) The arbitrator may revoke his or her consent
to be included in the list of arbitrators of the permanent
arbitration court at any time by informing the permanent
arbitration court thereof in writing.
(42) The founder of the permanent arbitration court
shall, within 14 days after receipt of the notification referred
to in Paragraph 4.1 of this Section, make amendments
to the list of arbitrators of the permanent arbitration court and
notify the Enterprise Register thereof in accordance with the
procedures laid down in this Law.
(5) When resolving a civil legal dispute, the arbitrator shall
be independent, objective, and fair. Before a person consents to
be appointed as an arbitrator, he or she shall disclose in
writing to the parties, the permanent arbitration court or other
arbitrators, if any in the case, or the district (city) court any
facts and circumstances that may give rise to reasonable doubts
about the objectivity and independence of that person. If such
circumstances have arisen or have become known after initiation
of arbitration proceedings but before the completion thereof, the
arbitrator shall disclose them to the parties without delay.
[6 October2016; 6 June 2024]
Section 15. Persons who May Not Be
Appointed as Arbitrators
The permanent arbitration court may not include in the list of
arbitrators and the district (city) court may not appoint as an
arbitrator a person:
1) who does not conform to the requirements of Section 14,
Paragraph two of this Law;
2) who has been recognised as the suspect or accused in
criminal proceedings regarding committing of an intentional
criminal offence;
3) against whom criminal proceedings regarding committing of
an intentional criminal offence have been terminated for reasons
other than exoneration;
4) who has been punished for committing an intentional
criminal offence - regardless of the criminal record being
extinguished or set aside;
5) who has been convicted of committing an intentional
criminal offence, even if they have been released from serving
the punishment due to a limitation period, clemency, or
amnesty;
6) who has had insolvency proceedings of a natural person
declared within the last five years.
[6 June 2024]
Section 16. Non-permissibility to
Participate in the Examination of a Case and Recusal of an
Arbitrator
(1) An arbitrator is not permitted to participate in the
examination of a case if he or she:
1) has been a representative of any of the parties, or an
expert or witness in a case where the same parties have
participated;
2) is in a relationship of kinship to the third degree or
relationship of affinity to the second degree with any
participant in the case or representatives thereof;
3) is in a relationship of kinship to the third degree or
relationship of affinity to the second degree with any arbitrator
who is a member of the arbitral tribunal examining the civil
legal dispute;
4) has an employment relationship with any participant in the
civil legal dispute or their representative, or if the arbitrator
provides legal aid to any of the parties;
5) or his or her spouse or kin to the third degree, or
business partner, or a commercial company which is a party to the
civil legal dispute and whose participant, shareholder, member,
or member of a supervisory, control, or executive body is this
arbitrator or his or her kin to the third degree, has financial
interest in the outcome of the civil legal dispute.
(2) An arbitrator shall, not later than within five days from
the day when the arbitrator finds out about his or her
appointment or from the day when the arbitrator finds out about
any circumstances which could cause reasonable doubt as to the
objectivity and independence of the arbitrator, recuse himself or
herself by stating the reasons for such recusal.
(3) If an arbitrator has recused himself or herself, a new
arbitrator shall be appointed in accordance with the procedures
laid down in the agreement or the rules of procedure of the
permanent arbitration court.
Section 17. Removal of an
Arbitrator
(1) A party to the case may remove an arbitrator if:
1) the restrictions specified in Section 16, Paragraph one of
this Law on participation of an arbitrator in the examination of
a case apply to him or her and the arbitrator has not recused
himself or herself;
2) he or she does not conform to the requirements of this
Law;
3) he or she does not conform to the requirements agreed upon
by the parties;
4) there are other circumstances that cause reasonable doubt
as to his or her objectivity and independence.
(2) [6 June 2024]
(3) A party may remove the arbitrator whom it has appointed or
in whose appointment it has participated only where the grounds
for removal have become known to such party after appointment of
the arbitrator.
(4) The parties may agree on the procedures for removal of an
arbitrator, but, if there is no such agreement, it shall be
determined in accordance with this Law.
(5) A party may apply for the removal of an arbitrator within
five days from the day on which the party became aware of the
appointment of the arbitrator or learned of any of the
circumstances referred to in Paragraph one of this Section by
sending a notification to the arbitration court specifying the
arbitrator that the party wishes to remove and the grounds for
the removal.
(6) If the arbitrator to whom removal has been applied does
not withdraw from performing his or her duties, the arbitral
tribunal or the arbitrator himself or herself shall decide on the
removal within five days after receipt of the notice, taking a
reasoned decision.
(7) If a removal of an arbitrator is accepted, a new
arbitrator shall be appointed in accordance with the procedures
laid down in the agreement or the rules of procedure of the
permanent arbitration court.
(8) If a party has applied for a removal of the arbitrator and
it is not accepted in accordance with the procedures agreed upon
by the parties or in accordance with the procedures referred to
in Paragraphs five and six of this Section, the party may request
the district (city) court to decide on the removal of the
arbitrator in accordance with the procedures laid down in the
Civil Procedure Law.
(9) Filing an application to a district (city) court for the
removal of an arbitrator shall not constitute a bar for the
continuation of arbitration proceedings.
[6 June 2024]
Section 18. Termination of the Term
of Office of an Arbitrator
(1) The term of office of an arbitrator shall be
terminated:
1) if the removal of the arbitrator has been accepted;
2) if the arbitrator has recused himself or herself from
resolving a civil legal dispute;
3) if the parties have agreed on the dismissal of the
arbitrator;
4) if the arbitrator is subject to the restrictions specified
in Section 15 of this Law;
5) upon his or her death;
6) in other cases laid down in the rules of procedure of the
permanent arbitration court;
7) by a district (city) court decision to remove or dismiss an
arbitrator.
(2) Parties may freely agree on the procedures for terminating
the term of office of an arbitrator. If the parties have not
agreed thereon and the civil legal dispute is examined by the
permanent arbitration court, the provisions of the rules of
procedure of the permanent arbitration court shall apply.
(21) A party may request a district (city) court to
decide on the dismissal of an arbitrator if the parties have not
agreed on the procedures for terminating the term of office of
the arbitrator in accordance with the procedures laid down in
Paragraph two of this Section and if the arbitrator is unable to
perform his or her duties or fails to act in a timely manner due
to other reasons.
(3) If the term of office of the arbitrator is terminated, a
new arbitrator shall be appointed in accordance with the
procedures laid down in Section 30 of this Law.
[6 June 2024]
Chapter V
Principles of Arbitration Proceedings
Section 19. Equality of Parties
Parties to arbitration proceedings shall have equal procedural
rights. The arbitral tribunal shall ensure that the parties have
equal opportunities to exercise their rights for the protection
of their interests.
Section 20. Adversarial
Proceedings
In the course of examining a civil legal dispute, the parties
shall exercise their procedural rights by way of adversarial
proceedings. Adversarial proceedings shall be manifested by the
parties exercising their right to submit evidence, provide
explanations and applications addressed to the arbitral tribunal,
participating in the examination and assessment of evidence, and
performing other procedural actions.
Section 21. Right to Freely
Determine Arbitration Proceedings
Within the framework of this Law, the parties have the right
to freely determine the procedures for arbitration proceedings.
The proceedings of the permanent arbitration court shall be
organised in accordance with the rules of procedure of the
permanent arbitration court, unless the parties have agreed upon
other procedures for arbitration proceedings in an arbitration
agreement, insofar as it is not in contradiction with the rules
of procedure of the permanent arbitration court.
Section 22. Independence of an
Arbitrator
An arbitrator shall perform his or her duties in good faith,
without being subject to any influence. An arbitrator shall be
objective and independent in his or her operations and
decision-making.
Section 23. Confidentiality of
Arbitration Proceedings
(1) Arbitration proceedings shall be confidential, unless the
parties have agreed otherwise.
(2) Arbitration court hearings shall be closed, and the
arbitral tribunal shall not disclose to any third parties or
publish the information concerning arbitration proceedings,
unless the parties have agreed otherwise. Persons who are not
parties to arbitration proceedings may only be present at an
arbitration court hearing with the consent of the parties.
(3) Information on arbitration proceedings shall be provided
to the persons who are entitled to receive such information for
the performance of functions laid down in the law.
Chapter
VI
Preparation of Arbitration Proceedings
Section 24. Determination of the
Allocation of a Dispute
(1) The arbitral tribunal shall decide on the allocation of a
civil legal dispute to arbitration, including on the validity of
an arbitration agreement. The arbitral tribunal may decide on the
matter concerning the allocation of a dispute at any stage of
arbitration proceedings.
(2) An application for the fact that a civil legal dispute is
not subject to arbitration may be submitted by a party until the
term for the submission of a response expires.
(3) The arbitral tribunal may decide on the issue of the
allocation of a civil legal dispute to arbitration by taking a
decision or making an award. A party may request the district
(city) court to decide on the allocation of a civil legal dispute
to arbitration in accordance with the procedures laid down in the
Civil Procedure Law if the arbitration court has made a decision
to this effect.
(4) Filing an application to a district (city) court on the
allocation of a civil legal dispute to arbitration shall not
constitute a bar for the continuation of arbitration
proceedings.
[Paragraph one, insofar as it denies the right to dispute
the competence of an arbitration court in a general jurisdiction
court, has been recognised as non-conforming to the Constitution
of the Republic of Latvia by the judgment of the
Constitutional Court of 28 November 2014 which comes into force
on 28 November 2014 / 6 June 2024]
Section 25. Location of the
Arbitration Proceedings
The arbitral tribunal has the right to freely determine the
location of arbitration proceedings, taking into account
efficiency considerations, unless it has been agreed upon by the
parties.
Section 26. Determining the
Procedures for Arbitration Proceedings
(1) Arbitration proceedings shall be organised in accordance
with the provisions of the arbitration agreement, the rules of
procedure of the permanent arbitration court, laws and
regulations, and general principles of law.
(2) If the parties have agreed to refer a civil legal dispute
for resolution to the permanent arbitration court but have not
agreed on the procedures for arbitration proceedings, the civil
legal dispute shall be resolved in accordance with the procedures
laid down in the rules of procedure of the permanent arbitration
court and this Law.
(3) If a civil legal dispute is to be resolved by the ad hoc
arbitration court and the parties have not agreed on the
procedures for arbitration proceedings, the ad hoc arbitration
court tribunal shall determine the procedures for arbitration
proceedings in accordance with this Law.
(4) The chairperson of the arbitral tribunal may independently
decide on procedural matters if he or she has been entrusted with
this by the parties or other arbitrators.
Section 27. Language of Arbitration
Proceedings
(1) The parties have the right to agree on the language of
arbitration proceedings. If the parties have not agreed thereon,
the language of arbitration proceedings shall be determined by
the arbitral tribunal.
(2) The arbitral tribunal may require parties to provide a
translation of any written evidence into the language in which
arbitration proceedings is conducted.
Section 28. Deadlines of Arbitration
Proceedings
The arbitral tribunal shall determine the procedural deadlines
and the procedures for the extension or renewal thereof within
the limits of the deadlines laid down in this Law or the rules of
procedure of the permanent arbitration court. Until the arbitral
tribunal is approved, the procedural deadlines and the procedures
for the extension or renewal thereof shall be determined in
accordance with the rules of procedure of the permanent
arbitration court.
Section 29. Number of Arbitrators in
the Arbitral Tribunal
(1) The parties may agree on the number of arbitrators in the
arbitral tribunal, but the number shall be an odd number. If the
parties have not agreed on the number of arbitrators and if the
rules of procedure of the permanent arbitration court do not
provide otherwise, the arbitration court shall consist of three
arbitrators.
(2) The arbitration court may consist of one arbitrator if the
parties have agreed thereon.
Section 30. Appointment of
Arbitrators
(1) The procedures for appointing arbitrators shall be
determined by the parties.
(2) The parties may entrust the appointment of arbitrators to
any natural person with the capacity to act or legal person.
(3) The parties which have agreed that a civil legal dispute
shall be referred for resolution by the permanent arbitration
court shall appoint the arbitrators in accordance with the rules
of procedure of the permanent arbitration court and the agreement
by the parties, taking into account the equality of the
parties.
(4) If the parties have agreed that a dispute shall be
referred for resolution by the ad hoc arbitration court, each
party shall appoint one arbitrator. Both arbitrators shall, by
mutual agreement, appoint the third arbitrator who shall be the
chairperson of the arbitral tribunal. The arbitration court may
consist of one arbitrator if the parties have agreed thereon.
(5) If the party has appointed an arbitrator and the other
party has been notified thereof, it may not dismiss such
arbitrator without the consent of the other party.
(6) The party may request a district (city) court to appoint
an arbitrator in accordance with the procedures laid down in the
Civil Procedure Law if the other party, the arbitrators appointed
by the parties, the permanent arbitration court or another person
do not act in accordance with the procedures laid down in this
Section.
(7) The Latvian Council of Sworn Advocates shall establish and
maintain a list of those sworn advocates who may be appointed as
arbitrators in the cases laid down in the Civil Procedure Law. A
sworn advocate shall be included in the list upon receipt of his
or her written consent.
[6 June 2024]
Section 31. Arbitration Court
Notifications and Mailings
(1) The arbitration court shall send the prepared documents
(awards, decisions, notifications, etc.) by mail or by electronic
mail. Any documents (statements of claim, responses to a claim,
etc.) prepared and submitted to the arbitration court by a party
shall be sent by the arbitration court, if so specified in the
rules of procedure of the arbitration court, to the other party
by mail or by electronic mail, or the other party shall be
informed of their receipt by the arbitration court and the
possibilities to acquaint themselves with these.
(2) The documents referred to in Paragraph one of this Section
shall be sent to a natural person by registered postal item to
the declared place of residence of the person, but in cases where
an additional address is indicated in the declaration - to the
additional address, unless the natural person has indicated
another address to be used for correspondence with the
arbitration court; to a legal person the documents shall be sent
to its legal address.
(3) The documents referred to in Paragraph one of this Section
shall be sent by electronic mail, provided that the party has
notified the arbitration court that he or she agrees to use the
electronic mail for correspondence with the arbitration court. In
this case, the arbitration court shall send the documents to the
electronic mail address indicated by the party. If the court
establishes technical obstacles in relation to the sending of
documents by electronic mail, they shall be sent by registered
postal item.
(4) Notification of the first arbitration court hearing shall
be sent to the parties as registered postal item not later than
15 days in advance, unless the parties have agreed on a shorter
time limit. The time limit and the procedures by which
notifications of other arbitration court hearings are sent shall
be determined in accordance with the rules of procedure of the
permanent arbitration court.
(5) The documents referred to in Paragraph one of this Section
shall be considered received on the date of issue, provided that
they are delivered and issued to the addressee personally. If
they are sent by a postal item, they shall be considered received
on the seventh day after the postal item has been sent, but if
they are sent by electronic mail, they shall be considered
received within two working days after sending.
Section 32. Representation of
Parties
(1) Natural persons shall conduct their cases in an
arbitration court themselves or through an authorised
representative. Cases of legal persons shall be conducted in an
arbitration court by their official acting within the scope of
his or her authorisation provided for in the law, articles of
association or statutes, or by an authorised representative of
the legal person.
(2) Any natural person may act as an authorised
representative, except for the persons who:
1) have not attained legal age;
2) are under trusteeship;
3) according to the judgment of a court, have been deprived of
the right to conduct the cases of other persons;
4) are in a relationship of kinship up to the third degree or
in a relationship of affinity up to the second degree with an
arbitrator resolving the civil legal dispute;
5) have provided legal aid to the other party to the civil
legal dispute in this case or in another case related
thereto;
6) have participated in mediation in this case or in another
case related thereto.
(3) Upon establishing the circumstances referred to in
Paragraph two of this Section, the arbitral tribunal shall not
allow such persons to participate in the resolution of a civil
legal dispute.
(4) A person who is or during the last two years has been on
the list of arbitrators of the relevant permanent arbitration
court may not represent a party, and he or she may not be invited
to provide legal aid in the proceedings of this permanent
arbitration court.
(5) Parties may invite advocates to provide legal aid during
arbitration proceedings.
[6 June 2024]
Chapter
VII
Resolution of a Dispute through Arbitration
Section 33. Securing a Claim and
Provisional Protection in Disputes Subject to Resolution through
Arbitration
(1) The district (city) court shall decide on the securing of
a claim and provisional protection in the disputes subject to
resolution through arbitration in accordance with the procedures
laid down in the Civil Procedure Law. The same district (city)
court shall, upon a reasoned request of a party, decide on the
cancellation or amendment of the securing of a claim or
provisional protection.
(2) An application for the securing of a claim or an
application for amending the security of a claim shall not be
considered as failure to observe the arbitration agreement and
shall not constitute a bar for the resolution of a civil legal
dispute through arbitration.
[6 June 2024]
Section 34. Initiation of
Arbitration Proceedings
(1) If the parties have agreed on the arbitral tribunal in the
arbitration agreement, the arbitration proceedings of the
permanent arbitration court or the ad hoc arbitration court shall
commence upon submission of a statement of claim.
(2) If the parties have not agreed on the arbitral tribunal in
the agreement, arbitration proceedings of the ad hoc arbitration
court shall commence from the time when the defendant receives
from the plaintiff a copy of an application for a claim and a
notification of the appointment of an arbitrator.
(3) If the parties have not agreed on the arbitral tribunal in
the agreement, arbitration proceedings of the permanent
arbitration court shall commence upon submission of a statement
of claim.
Section 35. Submitting a Statement
of Claim
(1) A statement of claim shall be submitted to an arbitration
court in writing.
(2) A statement of claim shall include:
1) the given name, surname, personal identity number, declared
place of residence, but if none, the place of residence, of a
plaintiff; for a legal person - its name, registration number,
and legal address. The plaintiff may indicate his or her
telephone number or electronic mail address if he or she agrees
to use the telephone or electronic mail for correspondence with
the arbitration court;
2) the given name, surname, personal identity number, declared
place of residence and additional address indicated in the
declaration, but if none, the place of residence of the
defendant; for a legal person - its name, registration number,
and legal address. The personal identity number or registration
number of the defendant shall be included if such is known;
3) if the action is brought by a representative - the given
name, surname, personal identity number, and address for
correspondence with the arbitration court of a representative of
a plaintiff; for a legal person - its name, registration number,
and legal address;
4) in claims for the recovery of monetary amounts - the name
of the credit institution and the account number to which payment
is to be made, if such account exists;
5) the subject-matter of the claim, sum of the claim, the
calculation of the sum of the claim;
6) the basis of the claim and evidence proving it;
7) claims raised by the plaintiff;
8) a list of appended documents;
9) other information if such is necessary for the examination
of the case.
(3) A statement of claim shall be accompanied by:
1) an arbitration agreement, unless it is included in the
agreement in connection with which the dispute has arisen;
2) the agreement in connection with which the dispute has
arisen;
3) the documents referred to by the plaintiff in the statement
of claim.
(4) A statement of claim shall be submitted to the arbitration
court, appending therewith as many true copies as there are
participants to arbitration proceedings.
Section 36. Notification of the
Initiation of Arbitration Proceedings
Immediately after initiation of arbitration proceedings, the
arbitration court shall send a notification to the defendant of
the initiation of arbitration proceedings and a true copy of the
statement of claim, explaining the right of the defendant to
submit a written response to the claim.
Section 37. Response to a Claim
(1) The defendant shall submit a response to a claim within
the time limit specified by the parties or by the arbitration
court. The time limit for the submission of the response may not
be less than 15 days, counting from the day of sending the
statement of claim to the defendant.
(2) In the response, the defendant shall indicate:
1) whether he or she admits the claim fully or partially;
2) his or her objections to the claim;
3) the circumstances justifying his or her objections and the
evidence which certify his or her objections;
4) other circumstances which he or she deems to be important
for the examination of the civil legal dispute;
5) his or her telephone number or electronic mail address if
he or she agrees to use the telephone or electronic mail for
correspondence with the arbitration court.
(3) Failure to submit a response shall not constitute a bar
for the examination of a civil legal dispute.
(4) A response shall be submitted to the arbitration court,
appending therewith as many true copies as there are participants
to arbitration proceedings.
Section 38. Counterclaim
(1) The parties may freely agree on the procedures for
submitting a counterclaim, provided that the subject of the
counterclaim is included in an arbitration agreement. If the
parties have agreed to refer a civil legal dispute for resolution
to the permanent arbitration court but have not agreed on the
procedures for submitting a counterclaim, it shall be determined
by the rules of procedure of the permanent arbitration court. A
counterclaim shall be submitted in accordance with the general
rules for submitting a statement of claim.
(2) If a dispute is resolved by the ad hoc arbitration court
and the parties have not agreed on the procedures for submitting
a counterclaim, the defendant is entitled to submit a
counterclaim not later than within the time limit laid down for
the submission of a response.
(3) A counterclaim shall be submitted to the arbitration
court, appending therewith as many true copies as there are
participants to arbitration proceedings.
Section 39. Amendment and
Supplementation of a Claim
(1) Unless otherwise agreed upon by the parties, a party has
the right to amend or supplement a claim in writing until
resolution of the subject-matter of the civil legal dispute on
the merits has commenced.
(2) If the basis of a claim is amended or supplemented, the
defendant has the right to submit a written response within the
time limit specified by the arbitral tribunal. The provisions of
Section 37 of this Law are applicable to the submission of the
response.
Section 40. Arbitration Court
Hearing
(1) In compliance with the arbitration agreement concluded by
parties, the arbitral tribunal shall resolve a civil legal
dispute in oral or written proceedings.
(2) In oral proceedings, the arbitral tribunal shall hold an
arbitration court hearing to hear the explanations and objections
of the parties and to examine the evidence.
(3) In written proceedings, the arbitral tribunal shall
resolve a dispute only on the basis of the written evidence and
materials which were submitted.
(4) The arbitral tribunal shall resolve a civil legal dispute
in oral proceedings if the parties have not agreed on the type of
proceedings in the arbitration agreement or, where they have
agreed on written proceedings but, until the making of an award,
one of the parties requests oral proceedings.
(5) The arbitral tribunal shall acquaint the parties with
submissions, documents and, other information which it has
obtained and also with expert opinions and other evidence.
Section 41. Evidence and Means of
Evidence
(1) Evidence is information on the basis of which the arbitral
tribunal determines the existence or non-existence of such facts
that are significant in the resolution of a civil legal
dispute.
(2) Evidence shall be submitted by the parties. Each party
shall prove the circumstances used by it to justify its claims
and objections.
(3) Means of evidence in an arbitration court may consist of
explanations of the parties, written evidence (written documents,
audio recordings, video recordings, electronic data carriers,
digital video discs, etc.), material evidence, testimonies of
witnesses, and expert opinions.
(4) Documents shall be submitted in the form of an original or
in the form of a duly certified true copy, copy, or extract. If a
party submits a true copy, copy or extract of a document, the
arbitral tribunal may, itself or upon request of the other party,
require that the original document be submitted. The arbitral
tribunal shall return the original document to the person who
submitted it, upon request of this person, adding a duly
certified true copy, copy or extract of the document to the
materials of arbitration proceedings.
(5) The arbitral tribunal shall determine the admissibility
and relevance of evidence.
[6 June 2024]
Section 41.1 Request of
the Arbitration Court for Obtaining Evidence
(1) An arbitration court may request a district (city) court
to perform the necessary procedural actions to obtain evidence in
accordance with the procedures specified in the Civil Procedure
Law if the arbitration court examining the case is unable to
obtain the evidence that may be of significant importance in the
case.
(2) A request for obtaining evidence shall indicate the
parties to arbitration proceedings, the nature of the case to be
examined, and the circumstances to be ascertained, and also
specific evidence to be collected by the court enforcing the
request. If it has been requested to question a witness, the
questions to be asked to the witness shall be indicated.
(3) The expenditures laid down in the Civil Procedure Law
related to a request for obtaining evidence in the cases laid
down in Paragraph one of this Section shall be paid to the
arbitration court by the party that has made the relevant request
to the arbitration court. If the abovementioned request has been
made by both parties, they shall pay the expenditures related to
the obtaining of evidence in equal amounts.
[6 June 2024]
Section 42. Assessment of
Evidence
(1) No evidence shall have a predetermined effect which would
be binding upon the arbitral tribunal.
(2) The arbitral tribunal shall indicate in the reasoned part
of the award made by it as to why it has given preference to one
body of evidence in comparison to another and why it has found
certain facts as proven but others as not proven.
Section 43. Requiring Written
Evidence
(1) Upon substantiated request from a party, the arbitral
tribunal is entitled to require the other party to submit the
written evidence at its disposal.
(2) The party requesting the arbitral tribunal to request
written evidence shall describe such evidence and provide reasons
for presuming that the evidence is in the possession of the other
party.
(3) If a party refuses to submit the written evidence required
by the arbitral tribunal within the time limit provided by it,
without denying that the party possesses such evidence, the
arbitral tribunal may admit as proven the facts which the
opposite party sought to prove by referring to such written
evidence.
Section 44. Expert-examination
(1) Unless an arbitration agreement provides otherwise, the
arbitral tribunal may, upon request of a party, order an
expert-examination and assign its performance to one or several
experts.
(2) The parties shall, upon request of the arbitral tribunal,
submit to the expert the necessary information or documents, or
present goods or other items.
(3) Upon request of a party, the arbitral tribunal shall
invite the expert to participate in an arbitration court hearing.
Parties are entitled to ask questions to the expert about the
expert opinion.
Section 44.1 Testimonies
of Witnesses
(1) A witness is a person who has knowledge of the facts
related to the case and who has been summoned by the arbitration
court to the arbitration court hearing following the motivated
request of the party.
(2) The party which requests the arbitral tribunal to hear a
witness shall indicate what circumstances relevant to the case
may be affirmed by the witness.
(3) A witness may only be questioned regarding the facts
relevant to the instant case.
[6 June 2024]
Section 45. Expenditures of
Arbitration Proceedings
(1) Expenditures of arbitration proceedings shall include the
costs relating to the examination of a civil legal dispute and
the fees paid to arbitrators.
(2) The amount of expenditures of arbitration proceedings and
the term and procedures for the payment thereof shall be
determined by the arbitration court, taking into account the sum
of the claim, the complexity of the civil legal dispute, the
provisions of the arbitration agreement, and other significant
circumstances.
(3) Unless otherwise agreed upon by the parties in the
arbitration agreement, payment for the performance of an
expert-examination, participation of a secretary, interpreter or
expert in arbitration proceedings, and also other expenditures of
arbitration proceedings shall be made, in accordance with the
procedures specified by the arbitration court, by the party who
submitted the request for the participation of a secretary,
interpreter or expert, and also for the performance of an
expert-examination during arbitration proceedings. If such
request has been submitted by both parties, they shall pay the
expenditures equally.
Section 46. Consequences of a Party
not Participating in Arbitration Proceedings
If a party, without justified cause, fails to attend an
arbitration court hearing or to submit written evidence, the
arbitral tribunal shall continue arbitration proceedings and
resolve the civil legal dispute on the basis of the evidence at
its disposal.
Section 47. Procedural Consequences
of Withdrawal of a Party
(1) The fact that a natural person who is a party has died or
a legal person who is a party has ceased to exist shall not in
itself terminate an arbitration agreement, unless otherwise
agreed upon between the parties and the disputed legal relations
allow for the assumption of rights.
(2) The arbitral tribunal shall suspend arbitration
proceedings until a successor in rights of the party is
determined.
(3) Cession of a claim shall be the basis for terminating
arbitration proceedings, unless the parties have repeatedly
agreed upon resolution of the civil legal dispute through
arbitration.
Section 48. Right to Object
(1) A party has the right to submit objections if any of the
provisions of this Law, the rules of procedure of the permanent
arbitration court, or the arbitration agreement has been breached
or has not been complied with. A party shall submit objections to
the arbitral tribunal and to the other party in writing, as soon
as such breach has come to their knowledge.
(2) If a party does not submit any objections, it shall be
deemed that the party has waived the right to raise such
objections, except for the cases where the party has not
submitted such objections due to reasons beyond its control.
(3) The arbitral tribunal shall decide whether the objections
are well founded.
Section 49. Minutes
(1) Minutes of an arbitration court hearing shall be taken
only if any of the parties so requests.
(2) Minutes shall be taken by the secretary appointed by the
arbitration court.
(3) Minutes shall be signed by all arbitrators and the
secretary. The minutes shall be signed not later than within
three days after the arbitration court hearing.
(4) The parties are entitled to acquaint themselves with the
minutes and, within five days after signing thereof, submit
written objections stating the faults found in the minutes. The
arbitral tribunal shall decide whether the objections are well
founded.
Section 50. Storage of Arbitration
Proceedings Documents after Completion of Proceedings
(1) If a dispute is resolved by the permanent arbitration
court, it shall store the documents of arbitration proceedings
for 10 years after completion of the proceedings in accordance
with the procedures laid down in the laws and regulations
regarding the storage of archival records.
(2) If the permanent arbitration court ceases to exist, its
founder shall hand over the documents of arbitration proceedings
for storage to the State Archive of Latvia. The expenditures for
storing the documents of arbitration proceedings shall be covered
by the founder of the permanent arbitration court.
(3) If a dispute is resolved by the ad hoc arbitration court,
the documents of arbitration proceedings shall be drawn up in
such number of copies as there are parties in the case. After
completion of arbitration proceedings, they shall be issued to
each party.
Chapter
VIII
Arbitral Awards
Section 51. Making Arbitral
Awards
(1) All arbitral awards, if the arbitration court consists of
three or more arbitrators, shall be made by a majority vote,
except for the case referred to in Section 26, Paragraph four of
this Law.
(2) An arbitral award shall come into effect on the day it is
made. An arbitral award shall not be subject to appeal.
(3) A judgment of an arbitration court may be contested in
accordance with the procedures laid down in Chapter 66 of the
Civil Procedure Law.
[6 June 2024]
Section 52. Arbitral Decisions
The arbitral tribunal may take decisions to postpone the
resolution of a civil legal dispute and other procedural issues
without adjudicating the civil legal dispute on the merits.
Section 53. Settlement
(1) Settlement shall be permitted in any civil legal dispute,
except for the case referred to in Paragraph two of this
Section.
(2) Settlement shall not be permitted if the terms of the
settlement infringe on the rights and interests protected by law
of another person.
(3) If during arbitration proceedings the parties reach a
settlement, the arbitral tribunal shall terminate arbitration
proceedings and, if requested by the parties and agreed upon with
the arbitral tribunal, draw up a settlement in the form of an
arbitration court judgment including therein the provisions on
which an agreement has been reached.
(4) Such arbitration court judgment shall have the same status
and legal force as any other arbitration court judgment resolving
the civil legal dispute on the merits.
Section 54. Arbitration Court
Judgment
(1) The arbitral tribunal shall render a judgment within 14
days after the civil legal dispute has been examined on the
merits.
(2) The arbitral tribunal shall render a judgment in
writing.
(3) If the arbitral tribunal consists of several arbitrators,
the judgment shall be signed by all the arbitrators. If any of
the arbitrators does not sign the judgment, the arbitration court
judgment shall specify the reasons why their signature is
missing.
(4) The judgment shall specify:
1) the composition of the arbitration court;
2) the date of rendering the judgment and the location of
arbitration proceedings;
3) information on the parties - the given name, surname,
personal identity number, other personal identification data and
the declared place of residence or other address of a natural
person which can be used for correspondence, or the name,
registration number, other personal identification information
and legal address of a legal person;
4) the subject-matter of the dispute;
5) reasons for judgment, unless otherwise agreed by the
parties;
6) the conclusion on the complete or partial satisfaction of
the claim or on the complete or partial dismissal thereof, and
the essence of the judgment;
7) the amount to be recovered if the judgment is rendered for
the recovery of monetary amounts, indicating separately the
principal debt and the interest, the time period for which the
interest has been adjudged, the rights of the plaintiff regarding
receipt of interest for the time period prior to the enforcement
of the judgment, and also the amount of such interest;
8) the specific property and the value thereof which is to be
recovered in the event that the property does not exist, if the
judgment is rendered for the return of property in kind;
9) what actions, by whom, and within what time limit are to be
fulfilled if the judgment imposes a duty to fulfil certain
actions;
10) what part of the judgment refers to each plaintiff if the
judgment is rendered for the benefit of several plaintiffs or
what part of the judgment is to be fulfilled by each defendant if
the judgment is rendered against several defendants;
11) the expenditures of arbitration proceedings and the
distribution of such expenditures among the parties;
12) the expenditures of legal aid in the case of the parties,
if any, and the distribution of such expenditures among the
parties;
13) other information deemed necessary by the arbitral
tribunal.
(5) An arbitration court judgment shall be sent to the parties
within three working days from the day of rendering thereof.
Section 55. Correction and
Explanation of a Judgment and Rendering of a Supplemental
Judgment
(1) The arbitral tribunal is entitled, upon its own initiative
or upon request of a party, to correct any clerical or
mathematical calculation errors in a judgment. Such errors may be
corrected without the participation of parties.
(2) Unless otherwise agreed upon by the parties, a party may,
by informing the other party thereof and within 30 days after the
date when a true copy of the judgment is sent or received, if
delivered in person, request the arbitral tribunal to explain the
judgment without amending its contents. An explanation of a
judgment shall become an integral part of the judgment from the
moment of adoption thereof.
(3) Unless otherwise agreed upon by the parties, a party may,
by informing the other party thereof and within 30 days after the
date when a true copy of the judgment is sent or received, if
delivered in person, request the arbitral tribunal to make a
supplemental judgment if any of the claims for which the evidence
has been submitted and for which the parties have provided
explanations has not been decided. If the arbitral tribunal finds
the request substantiated, it shall make a supplemental
judgment.
(4) The arbitral tribunal shall, not later than 15 days in
advance, notify the parties of the arbitration court hearing in
which the issue on the correction or explanation of the judgment
or rendering of a supplemental judgment is to be decided. If the
operative part of the judgment may change as a result of
correcting the judgment but the essence of the judgment remains
unchanged, the arbitral tribunal shall invite the parties to
express their opinions. The failure of parties to attend shall
not constitute a bar for the correction or explanation of the
judgment or for the rendering of a supplemental judgment. The
arbitral tribunal shall render a supplemental judgment in
accordance with Section 54 of this Law.
Section 56. Procedures for
Certifying Signatures of Arbitrators on an Award
In the permanent arbitration court, the procedures for
certifying signatures of arbitrators on an award shall be
determined by the rules of procedure of the permanent arbitration
court, but in the ad hoc arbitration court, the signatures of
arbitrators shall be notarised prior to the issuance of an
award.
Section 57. Termination of
Arbitration Proceedings
(1) The arbitral tribunal shall take the decision to terminate
arbitration proceedings if:
1) the plaintiff withdraws the claim;
2) the parties agree on a settlement;
3) the arbitration agreement has, in accordance with the
procedures laid down in law or by the agreement, ceased to be in
effect;
4) the arbitral tribunal finds that the arbitration court does
not have jurisdiction over the civil legal dispute;
5) a natural person who is one of the parties has died or a
legal person who is one of the parties has ceased to exist, and
the disputed legal relationship does not allow for the assumption
of rights, or the parties have agreed that arbitration
proceedings are to be terminated in such a case.
(2) If arbitration proceedings are terminated for the reasons
set out in Paragraph one, Clause 1 or 2 of this Section, a
repeated recourse to an arbitration court or recourse to a
district (city) court regarding a dispute between the same
parties, over the same subject-matter, and on the same basis
shall not be permitted.
(3) If arbitration proceedings are terminated for the reasons
set out in Paragraph one, Clause 3, 4, or 5 of this Section, a
statement of claim may be brought before a district (city)
court.
Section 58. Procedures for
Contesting and Enforcement of the Arbitration Court Judgment
(1) An arbitration court judgment shall be mandatory for the
parties and shall be enforced voluntarily within the time limit
stipulated in such judgment. The time limit provided for the
voluntary enforcement of the judgment shall not be less than 10
days.
(2) A party may, in accordance with the procedures laid down
in the Civil Procedure Law, apply to a district (city) court with
an application to contest a judgment of the arbitration court or,
if the judgment of the arbitration court is enforceable in Latvia
but is not voluntarily enforced, with an application for the
issuance of a writ of execution for the compulsory enforcement of
the arbitration court judgment.
(3) The permanent arbitration court shall, upon request of a
district (city) court, provide the requested information
necessary for the examination of the application to contest the
judgment of the permanent arbitration court or to issue a writ of
execution for the compulsory enforcement of the judgment of the
permanent arbitration court.
[6 June 2024]
Transitional
Provisions
1. The founder of the permanent arbitration court registered
in the Arbitration Court Register shall, by 1 June 2015, submit a
certification to the Enterprise Register confirming that the
arbitration court conforms to Section 2, Paragraph two, and
Sections 4 and 7 of this Law, and append the documents referred
to in Section 8, Paragraph three.
2. If the founder of the permanent arbitration court fails to
submit the relevant certifications and documents within the time
limit specified in Paragraph 1 of these Transitional Provisions,
the Enterprise Register shall, by 1 October 2015, decide on the
exclusion of the permanent arbitration court from the Arbitration
Court Register in accordance with the procedures laid down in the
Cabinet regulations regarding the Arbitration Court Register.
3. The permanent arbitration court the founder of which has
failed to submit the documents referred to in Paragraph 1 of
these Transitional Provisions within the specified time limit may
complete the initiated arbitration proceedings, but not later
than until the day when the Enterprise Register has taken the
decision to exclude the permanent arbitration court from the
Arbitration Court Register.
4. The founder of the permanent arbitration court which has
been excluded from the Arbitration Court Register shall hand over
the documents of arbitration proceedings to the State Archive of
Latvia by 1 November 2015 and cover the expenditures for the
storage thereof.
5. If the parties have agreed to refer a civil legal dispute
for resolution to the permanent arbitration court which has been
excluded from the Arbitration Court Register in accordance with
Paragraph 2 of these Transitional Provisions or which has ceased
its operation, the parties shall agree on referring the civil
legal dispute for resolution to another arbitration court. If no
agreement is reached, the dispute shall be resolved in court in
accordance with the Civil Procedure Law.
6. The Cabinet shall, by 1 June 2015, issue the regulations
provided for in Section 6, Paragraph two of this Law. Until the
day of coming into force thereof, Cabinet Regulation No. 205 of
29 March 2005, Regulations Regarding the State Fee for Making an
Entry in the Arbitration Court Register, and Cabinet Regulation
No. 204 of 29 March 2005, Regulations Regarding the Arbitration
Court Register, shall be in force, insofar as they are not in
contradiction with this Law.
7. The Enterprise Register shall ensure the availability of
the information referred to in Section 8, Paragraph seven of this
Law on its website by 1 July 2015, by publishing the rules of
procedure of all the permanent arbitration courts which are not
excluded from the Arbitration Court Register by 1 July 2015.
8. The founder of the permanent arbitration court registered
in the Arbitration Court Register shall, until 1 March 2017,
submit to the Enterprise Register the consent of the owner of the
immovable property referred to in Section 4, Paragraph three of
this Law, the text of the necessary amendments to the rules of
procedure, and also the new wording of the full text of the rules
of procedure which conforms to the requirements of Section 8,
Paragraphs one and four of this Law, the list of arbitrators of
the permanent arbitration court which conforms to the
requirements of Section 8, Paragraph 2.1 of this Law,
and a certification which conforms to the requirements of Section
8, Paragraph six of this Law.
[6 October 2016]
9. If the founder of the permanent arbitration court fails to
submit the abovementioned documents within the time limit
specified in Paragraph 8 of these Transitional Provisions, the
Enterprise Register shall, by 1 June 2017, decide on the
exclusion of the permanent arbitration court from the Arbitration
Court Register.
[6 October 2016]
10. Amendments to Section 8, Paragraphs two, three, and five
of this Law and also amendment regarding the supplementation of
the Section with Paragraph 5.1 shall come into force
on 1 March 2017.
[6 October 2016]
11. The founder of the permanent arbitration court registered
in the Arbitration Court Register shall, until 1 June 2017,
submit an application to the Enterprise Register for making
amendments to the Arbitration Court Register, ensuring the
conformity of the arbitration court with Section 8, Paragraph two
of this Law which will come into force on 1 March 2017.
[6 October 2016]
12. If the founder of the permanent arbitration court fails to
submit the relevant documents within the time limit specified in
Paragraph 11 of these Transitional Provisions, the Enterprise
Register shall, by 1 September 2017, decide on the exclusion of
the permanent arbitration court from the Arbitration Court
Register.
[6 October 2016]
The Law shall come into force on 1 January 2015.
The Law has been adopted by the Saeima on 11 September
2014.
Acting for the President, Chairperson of
the Saeima S. Āboltiņa
Rīga, 1 October 2014
1 The Parliament of the Republic of
Latvia
Translation © 2026 Valsts valodas centrs (State
Language Centre)
