Skip to main content

/Translation from Latvian, 07.02.2025/ 

APPROVED
At the meeting of 
Rīga Stradiņš University
 Constitutional Assembly
of 3 September 2024
Minutes No. 2-SS-1/1/2024

Rīga Stradiņš University
REGULATIONS 
of
Academic Arbitration Court

Issued under Law on Higher Education Institutions
Article 14(7), and
Constitution of Rīga Stradiņš University 
Clauses 42 and 43

1.    General provisions

1.1.    Regulations of the Academic Arbitration Court (hereinafter - Regulations) of Rīga Stradiņš University (hereinafter - University) provide for the legal basis, jurisdiction, operating provisions and procedures for reviewing cases at the Academic Arbitration Court of the University.

1.2.    The Academic Arbitration Court of the University (hereinafter - Arbitration Court) is a dispute resolution body established at the University - a collegial institution which examines submissions by the staff of the institution of higher education concerning the challenge of administrative acts or actual conduct by the University, considers issues specified in the Law on Higher Education Institutions and in the Constitution of the University, as well as performs other functions in accordance with the applicable laws and regulations.

1.3.    The Arbitration Court of the University, within the meaning of the Administrative Procedure Law, shall be a higher institution when examining administrative acts issued by the University concerning the staff of an institution of higher education or evaluating the actual conduct of the University in relation to the staff. 

2.    Establishment of the Arbitration Court

2.1.    The Arbitration Court shall be composed of three arbitrators. Two of them are elected for three years by the Constitutional Assembly of the University from among academic staff, in a secret ballot by a simple majority of votes. The composition of the Arbitration Court may not consist of representatives of the administrative staff of the University, including Rector, Vice-Rector, Director (executive director), Dean and other officials who have been granted the right to issue administrative acts. A student representative shall be elected to the Arbitration Court by the University’s Student Union in accordance with the procedures laid down by it. Until the election of a new student representative, the previous representative shall continue to perform his/her duties. The University’s Student Union shall also elect two reserve arbitrators who may be involved in the cases specified in Articles 2.4 and 4.3 of the Regulations.

2.2.    The candidates of arbitrators elected by the Constitutional Assembly of the University shall be submitted with their consent by the Senate of the University or representatives of the Constitutional Assembly. For elected arbitrators, the University shall provide support to improve their judicial qualification. The two candidates who have received the most votes by the Constitutional Assembly are considered to have been elected to the panel of the Arbitration Court, while the other candidates are ranked in order of the number of votes received and three reserve arbitrators may be involved in the cases specified in Articles 2.4 and 4.3 of the Regulations. If an equal number of votes have been cast for arbitration candidates, they shall be ranked according to the highest total length of employment at the University.

2.3.    The arbitration court or arbitrator may be revoked prior to the expiry of the term of office of the arbitration court by the Constitutional Assembly of the University at the request of the University’s Senate or by two-thirds of the members of the Constitutional Assembly of the University or at the request by the University’s Student Union to withdraw a student representative. An arbitrator shall be deemed to be withdrawn if a majority of the present delegates of the Constitutional Assembly of the University vote on it.

2.4.    If the powers of the arbitrator elected by the Constitutional Assembly of the University expire before the end of the term of the Arbitration Court due to withdrawal, the termination of employment relationship or for other reasons, the Senate of the University shall, for the remaining term of powers of the Arbitration Court, approve the next candidate with his/her consent in accordance with the results of the last arbitration election. The Senate of the University shall also approve the next candidate as an arbitrator in a particular case if the arbitrator elected by the Constitutional Assembly of the University has removed himself/herself from reviewing of a particular case. In the absence of such candidates and if the number of remaining arbitrators is less than three, the Senate of the University shall organise new arbitration elections in accordance with these Regulations.

2.5.    If a student representative is expelled from the University, the University’s Student Union shall elect another student representative instead of him/her. Until the election of a new representative of the University’s Student Union to the Arbitration Court, the duties of the arbitrator shall be fulfilled by the reserve arbitrator elected by the University’s Student Union.

2.6.    The arbitrators shall, by an open vote, elect from among themselves a chairperson of the Arbitration Court, who shall organise the work of the Arbitration Court.

2.7.    The first hearing of the newly elected Arbitration Court shall terminate the powers of the previous Arbitration Court.

3.    Principles of the operation of the Arbitration Court 

3.1.    The Arbitration Court shall observe in its conduct the Constitution of the University, the decisions of the Constitutional Assembly, the Council and the Senate of the University, these Regulations and other applicable legal acts.

3.2.    An arbitrator shall execute his/her duties in good faith, without being subject to any influence, shall be impartial and independent, but in the event of possible bias, shall remove him/herself from the proceedings in question. Interference with the work of the Arbitration Court and influencing of the arbitrators shall not be permitted.

3.3.    The Arbitration Court shall report on its activities to the Constitutional Assembly of the University not less than once a year. Upon the initiative of the employer, arbitrators may be dismissed from their duties only with the consent of the Constitutional Assembly of the University. 

4.    Rules of operation of the Arbitration Court 

4.1.    The procedure for hearing the cases shall be determined by these Regulations. Procedural matters not regulated in these Regulations shall be decided by the Arbitration Court in compliance with the provisions of legal acts.

4.2.    The Academic Arbitration Court shall examine cases and adopt decisions collegially. Procedural actions related to the assessment of the basis for bringing the action, the request for information and other procedural actions in which no final decision is adopted, may be carried out by an arbitrator appointed by the Arbitration Court. 

4.3.    In cases of removal of arbitrators, where it is necessary for the impartial examination of the case, or in cases where an arbitrator is prevented from performing his/her duties and there is an insufficient number of arbitrators, the Senate of the University shall, at the request of the Chairperson of the Arbitration Court, include the candidates (reserve arbitrators) of the Arbitration Court elected in the composition of the Arbitration Court. The candidates shall be invited to the hearing of a particular case in the order of their election.

4.4.    The Arbitration Court shall examine the received submission on the merits in the composition of three arbitrators in accordance with the procedures laid down by legal acts.

4.5.    The Arbitration Court shall examine the cases in the official state language. At the request of a party, an interpreter may participate in the proceedings. The interpreter shall be provided by the party on whose initiative the proceedings shall be interpreted into another language. If the application is submitted by a student of a study programme implemented in English, the interpreter shall be provided by the University at the request of the student.

4.6.    The Arbitration Court shall examine the cases in oral or written proceedings.

4.7.    The Arbitration Court is located in the central building of the University at 16 Dzirciema street, Riga. It shall hold its hearing in the University building at 9a Kuldīgas street, in the moot courtroom, but also in other premises if necessary. Hearings may be held remotely by the Arbitration Court.

4.8.    The University shall provide the necessary facilities for the Arbitration Court and shall bear all expenses incurred in connection with the proceedings. The arbitrators shall be remunerated for their work in accordance with the remuneration procedures laid down by the University. The Arbitration Court shall be reimbursed for travel expenses and other justified absence related to the work of the Arbitration Court.

4.9.    The meetings of the Arbitration Court shall be recorded, and the technical work shall be ensured by a delegated representative of the University administration who shall not participate in the decision-making of the Arbitration Court. The minutes shall be signed by all arbitrators. With the consent of the parties, the Arbitration Court may decide to record the hearings on other digital media. If any of the parties participating in the hearing shall have objections to the conduct of the Arbitration Court, it shall be recorded in the minutes of the hearing.

4.10.    Procedural documents and other data carriers recording arbitration hearings shall be archived in accordance with the procedures in force.

4.11.    All decisions in the Arbitration Court shall be adopted by an open vote, by a simple majority.

4.12.    The rulings and documents prepared by the Arbitration Court shall be sent via the department responsible for record-keeping at the University in writing or by electronic mail, using RSU address domain “www.rsu.lv”. 

5.    Procedure for reviewing of cases

5.1.    The Arbitration Court shall review the cases upon application of persons. The person shall specify thereto:
5.1.1.    parties to the dispute;
5.1.2.     the contested decision or the statement of the facts of the case;
5.1.3.    the claim;
5.1.4.    facts (documents, digital records, etc.) supporting the claim.

5.2.    In the event that a challenge is submitted to the Arbitration Court but it is not within its jurisdiction, the Arbitration Court shall transfer it by jurisdiction or admissibility.

5.3.    The Arbitration Court shall attempt to reconcile the parties before the hearing of the case. If it fails, the Arbitration Court shall initiate proceedings on the merits.

5.4.    The time and place of the arbitration hearing shall be notified in writing to the persons involved in the matter in due time but not later than five days prior to the hearing.

5.5.    In order to comprehensively, fully and objectively establish true facts of the case, the Arbitration Court has the right to request the necessary information from the University’s institutions and other persons, as well as to invite a legal adviser to ensure administrative proceedings.

5.6.    If special knowledge is required for establishing substantial circumstances of the case, the Arbitration Court may invite experts.

6.    Arbitration rulings and their enforcement

6.1.    Arbitration rulings shall be binding to the University, its staff and institutions.

6.2.    Arbitration court rulings may be appealed in accordance with the procedures laid down in the Administrative Procedure Law.

7.    Other questions

7.1.    After execution of the arbitration ruling, the arbitration case shall be transferred for storage in the archives of the University in accordance with the laws and regulations applicable to the University and archiving.

President of the Constitutional Assembly,
I.Grope