1. General provisions.
1.1. Given Position defines the organization and activity order of permanent Arbitration court under Commodity exchange "Fincom" (hereinafter - the Arbitration court).
1.2. The arbitration court is the independent, non-governmental, self-supporting permanent Arbitration court, which carries out the activity according to the Law of Ukraine "About arbitration courts", Constitution and laws of Ukraine, other regulatory legal acts and international contracts of Ukraine, this Position and Regulations of the arbitration court for the purpose of protection of the property and non-property rights and physical and legal bodies interests protected by the law.
1.3. The arbitration court is non-governmental independent body without the status of the legal person.
1.4. The arbitration court admits created from the moment of its state registration.
1.5. The arbitration court is created without restriction of term of activity.
1.6. The arbitration court can have the press, angular stamp and forms with the name.
1.7. Name of the Arbitration court:
Full name in Ukrainian - Постійно діючий Третейський суд при Товарній біржі "Фінком";
Full name in Russian - Постоянно действующий Третейський суд при Товарной бирже "Финком";
Full name in English - The Permanent Arbitration Court Of The Commodity Exchange "Fincom";
Short name in Ukrainian - Третейський суд при ТБ "Фінком";
Short name in Russian - Третейський суд при ТБ "Финком";
Short name in English - Arbіtratіon Court of The CE "Fіncom";
1.8. Address: Autozavodskaya street, 18, Kiev, Ukraine, 04074.
2. Founder of the Arbitration court.
2.1. The Arbitration court founder is the Commodity exchange "Fincom" (hereinafter - the Founder): Autozavodskaya street, 18, Kiev, Ukraine, 04074, identification code of the legal person 35150062, registered in Kyiv by Obolon regional state administration on 25.06.2007, number of record 1 069 102 0000 021605.
2.2. The founder has no right to interfere with activity of the Arbitration court and judges, which is connected with disposal of legal proceeding.
2.3. The founder has following rights and duties:
-Confirms Position, Regulations of the Arbitration court and List of arbitration judges;
-Confirms changes and additions to Position, Regulations of the Arbitration court and List of arbitration judges;
-Excludes judges of the Arbitration court from the List of arbitration judges on the basis of the offer of Meeting of the Arbitration court;
-Publishes Position and Arbitration court Regulations;
-Provides storage of affairs and Arbitration court documents;
-Pays to arbitration judges and secretaries the fee in the sum and in order provided by Regulations of the Arbitration court;
-Solves other questions, which are connected with its competence by the current legislation, this Position and Arbitration court Regulations.
2.4. The founder incurs obligations concerning maintenance of activity of the Arbitration court, for this purpose he: gives to Arbitration court the premise, equipment and other necessary materials; in due time provides the Arbitration court with means, which is necessary for the dispute decision; provides court with office accessories.
3. Formation purposes and objectives of Arbitration court.
3.1. The arbitration court is created for the purpose of maintenance of fair, fast and effective justice by consideration of disputes and reconciliation of persons, which have addressed to it.
3.2. The arbitration court carries out the activity on principles of self-management, voluntariness, publicity and self-financing. The court does not put as main objective the reception of profit from activity.
3.3. The primary goals of activity of the Arbitration court are:
-Protection of the property and non-property rights and interests of legal bodies, protected by the law, associations of legal bodies, businessmen, and also physical persons, which are the parties of arbitration consideration, by all-round consideration and dispute settlements according to the current legislation of Ukraine;
-Assistance in realization by legal bodies and citizens-businessmen of lawful economic and other activity;
-Improvement of arbitration legal proceedings system, increasing of legal culture of management subjects and citizens;
-Assistance in construction of Ukraine as a lawful state.
4. Principles of organization and activity of the Arbitration court.
Arbitration court is created and operates according to principles:
-Legality;
-Independence of arbitration judges and their submission only to the law;
-Equalities of all participants of the arbitration consideration before the law and the Arbitration court;
-Freedom of the parties in granting by them to the Arbitration court of the proofs and in proving before court of their persuasiveness;
-Obligatoriness for the parties of Arbitration court decisions;
-Voluntariness of creation of the Arbitration court;
-The voluntary consent of arbitration judges to their appointment or election in concrete case;
-Arbitration;
-Self-management of arbitration judges; 
-Fullness, completeness and objectivity of the disputes decision;
-Assistance to the parties in achievement of the lawsuit agreement at any stage of arbitration consideration.
5. The right of dispute transfer to Arbitration court consideration.
5.1. The right on Arbitration court belongs to any legal and/or physical persons at presence between the parties of the agreement concerning transferring of the dispute on the Arbitration court decision (hereinafter - the arbitration agreement) in the form of arbitration caution in the contract, agreement or in the form of the separate written agreement, which meets the requirements of the current legislation, Law of Ukraine "About arbitration courts" and Arbitration court Regulations.
5.2. Dispute can be also transferred for the Arbitration court decision before decision of the competent court (local general court or local economic court, according to jurisdiction and the jurisdiction established by the civil remedial or economic remedial law) of dispute between the same parties, concerning the same subject and reasons.
6. Jurisdiction of cases of the arbitration court.
6.1. The arbitration court can consider any cases, which arise from civil and legal relations, with the exception of: 
-Cases in disputes concerning recognition void of standard and legal acts;
-Cases in disputes, which arise from conclusion, changing, termination and performance of the economic agreements, which connected with satisfaction of the state needs;
-Cases connected with the state secret;
-Cases in disputes, which arise from family legal relationship, except cases in disputes, which arise from marriage contracts (agreements);
-Cases connected with solvency restoration of the debtor or recognition him as a bankrupt;
-Cases, in which one from the parties is the public authority, local government, government body or organization, state enterprise etc;
-Other cases, which according to the law are subject to the decision exclusively by means of general jurisdiction courts or the Constitutional court of Ukraine;
-Cases when at least one of the dispute parties is the non-resident of Ukraine.
7. Arbitration agreement and assignment of the parties
7.1. If the arbitration agreement is concluded in the form of arbitration caution it is considered an integral part of the agreement and concerning it operates such rules of assignment, as to the whole agreement.
7.2. If the arbitration agreement is concluded in the form of the separate agreement, in case of replacement of the creditor in the obligation, last should inform the new creditor about its existence. Change of the arbitration agreement in that case is possible only under a condition of evidently expressed consent of another (others) party (parties) to agreement.
8. Structure of the Arbitration court and arbitration court judges.
8.1. The arbitration court consists of the Head of the Arbitration court, Arbitration judges and the Secretary of the Arbitration court.
8.2. The head of the arbitration court:
8.2.1. The head of the Arbitration court is appointed by the Decision of the General Meeting of the Members of the Commodity exchange "Fincom" for the period of 5 years.
8.2.2. The head of the Arbitration court organizes Arbitration court activity, carries out the functions provided by Regulations of the Arbitration court, without the special power of attorney represents the Arbitration court in its relations in Ukraine and abroad.
8.2.3. The head of the Arbitration court has the right to be the arbitration judge in consideration of disputes by the Arbitration court.
8.2.4. In absence of the head of the Arbitration court his assistant, who is appointed by the Head of the Arbitration court from structure of arbitration judges, fulfils the duties.
8.2.5. Functions of the vice-president of the Arbitration court are defined by the head of the Arbitration court.
8.3. Arbitration judges:
8.3.1. Formation of structure of judges in permanent Arbitration court is carried out in order established by this Position and Arbitration court Regulations.
8.3.2. Judges of the Arbitration court is appointed by the Decision of the General Meeting of the Members of the Commodity exchange "Fincom" from persons that was represented by the Arbitration court Meeting, which have necessary special knowledge in the field of the dispute settlements, which are subject to consideration by the arbitration court and have given the consent to perform duties of the arbitration judge.
8.3.3. Arbitration judges are not representatives of the parties. The arbitration judge can be  intended or can be selected as a person who direct is not interested in result of the dispute settlement, and also has the knowledge that recognized by the parties, experience, business and moral qualities necessary for the dispute settlement.
8.3.4. For consideration of disputes in the Arbitration court, all parties have the right to appoint or select freely the Arbitration court and arbitration judges/arbitration judge.
8.3.5. In case of the individual decision of the dispute, judge of the Arbitration court should have the higher juridical education. In case of joint decision of the dispute, requirement concerning presence of the higher juridical education extend only on the chairperson of structure of the Arbitration court.
8.3.6. For appointment or selection of arbitration judges, in each case their consent is need. Appointment or selection of arbitration judges is carried out from the confirmed list of arbitration judges.
8.4. The court secretary:
8.5. The court secretary is employed to the Commodity exchange "Fincom" or invited under the agreement in coordination with the Head of the Arbitration court.
8.6. The secretary of the Arbitration court will organize office-work, connected with activity of the court, carry out other functions provided by Regulations.
9. Self-government bodies.
9.1. Supreme body of Arbitration self-management are Meeting of arbitration judges, which are hold as necessary, but is not rare than once in four years.
9.2. The Head of the Arbitration court is head of Meeting of arbitration judges.
9.3. The competence of Meeting of arbitration judges consists of:
-Elections of the Arbitration court Presidium;
-The analysis of right application practice during disputes consideration by the Arbitration court;
-Methodical work organization issue;
-Choice of delegates on all-Ukraine congress of arbitration judges;
-Make offers concerning the List of arbitration judges;
-Submit offers on the General Meeting of Members of the Commodity exchange "Fincom" concerning inclusion and exception of nominees in the List of arbitration judges;
-Other issues, which connected with activity of the Arbitration court and brought in agendas of Arbitration court Meetings on the requirement not less than 1/3 totals of arbitration judges.
9.4. Meetings are authorized only if not less than 2/3 from total of the arbitration judges are present on them.
9.5. The Meeting decision are accepted only in case when the majority of the arbitration judges who are present at Meeting has voted for.
9.6. The conducting order of the Meeting and Meeting agenda is defined by the Head of Meeting. The agenda include any questions that was demanded by not less than 1/3 from total of arbitration judges.
10. Arbitration and other fees and expenses
10.1. Arbitration and registration fee, and arbitration expenses, except expenses, which are suffered by the parties on payment of legal consultation, and any other expenses suffered by the parties, are defined according to Regulations.
10.2. The sum of assets or cost of the property, received by the Commodity exchange "Fincom" as arbitration fee or on covering of other expenses connected with the dispute settlement by the Arbitration court according to the Law of Ukraine "About arbitration courts" and this Position, are not Commodity exchange "Fincom" incomes for realization of enterprise activity.
10.3. The parties, in common or separately each party, bear responsibility before the Arbitration court for payment of all arbitration fees till period while all of them will not be paid. Any dispute concerning payment of arbitration fee is considered by the Arbitration court.
11. Arbitration consideration.
11.1. Rules of arbitration consideration by the Arbitration court are defined by Regulations. Concerning the questions, which are not specified in Regulations, the Arbitration court applies norms of the Law of Ukraine "About arbitration courts" and can define own rules of arbitration consideration only in that part, which does not contradict principles of the organization and activity of the Arbitration court that are defined by the Law.
11.2. Terms of fulfillment of the remedial actions, provided by the Law of Ukraine "About arbitration courts", can be extended only on consensus of the parties and arbitration court structure, that decide the dispute. Corresponding decision is the permission of term extension for consideration.
11.3. In case, when at least one party reveal objection against open legal investigation to arbitration court referring to motives of observance and preservation of commercial or bank secret or maintenance the confidentiality of the information, case will be considered in private meeting.
11.4. By the general rule, place of Arbitration court are place of carrying out of arbitration consideration. In separate cases, under consent of the parties, the place of arbitration consideration is defined by the Head of the Arbitration court, taking into account all circumstances of case, in particular, conveniences of the selected place of arbitration consideration for the parties and Arbitration court structure.
12. Termination of activity of the arbitration court.
12.1. Arbitration court activity can be stopped by reason of:
-Founder decision;
-Founder liquidations;
-Decision of competent court on termination of the arbitration court registration certificate;
- From other reasons provided by legislative act of Ukraine.
12.2. In a month term from the date of decision-making on the termination of activity of the Arbitration court the Founder submits necessary documents on the termination of activity of the Arbitration court to body of the Arbitration court state registration, and also provides publication of this decision.
13. Final provisions.
13.1. Cases, considered by the Arbitration court, remains in this Arbitration court for 10 years from the date of Arbitration court decision.
13.2. The head of the Arbitration court, its assistant, arbitration judges and Secretary have no right to disclose the data and information, which came to their knowledge during arbitration consideration, without the consent of the parties or their assignees.