arbitration rules, Impartiality, Independence, Russia

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The requirement that a tribunal be impartial is a fundamental procedural principle. It is not surprising, then, that under Art. 18 of the Russian Arbitration Act, arbitration proceedings are conducted, first and foremost, based on the principle of impartiality and independence of arbitrators. Although the Russian International Arbitration Act, based on UNCITRAL Model Law 1985,…

Construction, Construction arbitration, Russia

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Unlike some Western arbitration institutions which enacted institutional arbitration rules dedicated to construction disputes, such as the 2015 American Arbitration Association (AAA) Construction Industry Arbitration Rules, to date, the leading Russian arbitration providers have not developed any specific rules for construction-related disputes. However, such disputes hold rather high positions in the caseload, with a peak…

Arbitration Institutions and Rules, Collective redress, Consolidation, Disclosure, Joinder, Russia

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As of 1 February 2017 shareholders in a Russian company may refer their corporate law disputes to arbitration. Still, except for disputes from share purchase agreements or those involving securities registrars, having an arbitration clause in a company charter, a shareholders’ agreement (“SHA“), or elsewhere which submits corporate disputes to arbitration is not enough. A…

Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrator Challenges, Arbitrators, Expedited arbitration, Multiple parties, Russia

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Arbitration has become a preferred method for the resolution of international commercial disputes in Russia, mostly thanks to the activities of the Moscow-based International Commercial Arbitration Court (“ICAC“, the Russian acronym “MKAS“) at the RF Chamber of Commerce and Industry. Established in 1932 as the Foreign Trade Arbitration Commission placed under the USSR National Chamber…

Arbitration, Russia

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Not long time ago the Supreme Court of Canada upheld a refusal to grant an enforcement of an US$950,000 award, rendered on 6 September 2002 and issued in favor of the Russian oil company Yugraneft at the International Commercial Arbitration Court at the RF Chamber of Commerce and Industry (“ICAC”). The enforcement application was filed…

Arbitration, Arbitration Institutions and Rules, Corporate disputes, Joinder, Russia

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One of the peculiarities of the revised Russian Arbitration Laws of 29 December 2015 (“Laws“), entering into force on 1 September of this year, is an attempt to localize the on-shore settlement of corporate arbitral disputes involving domestic companies. Only an arbitration institution which has adopted, publicized online, and filed special rules for arbitration of…

Arbitration, Russia

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The Russian company law is contained in three main sources: in Chapter 4 of the Russian Civil Code, and two special laws – on joint-stock companies (AOs) of 25.12.1995 and on limited liability companies (OOOs) of 08.02.1998 – both based on the Civil Code. The prevailing part of the company law contained in the Civil…

Arbitrability, Arbitration, Commercial Arbitration, Corporate disputes, Investment Arbitration, Russia, Uncategorized

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Under sec 1 of the RF Law on International Commercial Arbitration 5338-1 of 07.07.1993, disputes arising from civil, including corporate, relationships may be referred to international commercial arbitration, unless otherwise provided by law. However, there is no such restriction provided. In some cases, such as Novolipetsk Still Mill (NLMK) v. Nikolay Maksimov (Decrees of the…