AZERBAIJAN Law and Practice Contributed by: Parviz Huseynov, GRATA International, Azerbaijan
proceedings. A more detailed discussion of arbitra - tion costs is provided in 10.3 Recovering Interest and Legal Costs .
change of persons in the underlying substantive legal relationship does not result in the termination of the arbitration agreement or the replacement of the arbi - trator or arbitrators already appointed. 7.3 Powers and Duties of Arbitrators Although Azerbaijani legislation sets out the require - ments applicable to arbitrators, it does not establish any specific powers or obligations applicable exclu - sively to arbitrators within the framework of arbitral proceedings. Rather, such powers are primarily con - ferred upon the arbitral tribunal. These include, among others, the power to: • rule on its own jurisdiction; • order interim measures; • determine the admissibility, relevance, materiality and weight of evidence; • determine the seat of arbitration; and • allocate arbitration costs, unless otherwise pro - vided in the arbitration agreement or agreed by the parties. 7.4 Legal Representatives The Law on Arbitration provides that the parties are entitled to be represented by an advocate or another representative at any stage of the arbitral proceed - ings. The Law on Arbitration, however, does not define the terms “advocate” or “representative”. In this respect, the relevant provisions of Azerbaijani legislation should be taken into account. Under the Civil Procedure Code, only advocates (ie, attorneys) whose authority has been duly confirmed in accordance with national legislation may act as lawyers in civil proceedings. Pursuant to the Law “On Advocates and Advocacy”, only Azerbaijani citizens who satisfy the statutory qualification requirements, have successfully com - pleted the qualification examination and mandatory training, and have been admitted to the Azerbaijani Bar Association may practise as advocates. Persons who are not members of the Bar Association are not entitled to engage in advocacy activities or to use the title “advocate” or any translations thereof into another language.
7. Procedure 7.1 Governing Rules
Matters relating to arbitration are primarily governed by the Law on Arbitration. Chapter 5 of the Law is devoted to the conduct of arbitral proceedings. It con - tains provisions governing, inter alia: • the equal treatment of the parties; • the determination of procedural rules; • representation and succession in the proceedings; • the language of the proceedings; • statements of claim and defence; • oral hearings and written proceedings; • the appointment of experts by the arbitral tribunal; and With respect to the conduct of arbitral proceedings, it should be noted that the relevant provisions have been drafted in accordance with the UNCITRAL Mod - el Law, and Azerbaijani legislation does not establish any specific procedural requirements in this regard. The principal departures from the UNCITRAL Model Law relate to representation in arbitral proceedings, succession in arbitral proceedings, and the recording of arbitral hearings. With regard to representation, the Law provides that the parties are entitled to be rep - resented by an advocate or another representative at any stage of the arbitral proceedings. Furthermore, as part of the accreditation process, it is also assessed whether the permanent arbitral institu - tion has arbitration rules compliant with the Law on Arbitration. • other procedural matters. 7.2 Procedural Steps As regards succession, unless otherwise agreed by the parties, a legal successor becomes a party to the arbitration agreement. Likewise, unless the parties have agreed otherwise, the death of a natural per - son, the reorganisation of a legal entity, or any other
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