Choice of Arbitration vs the jurisdiction of the Russian state courts

Choice of Arbitration vs the jurisdiction of the Russian state courts: looking at the provisions of the Constitution, when it comes to contracts that contain a state element

16 May 2018 (Wednesday), 10:00 to 11:30

Tea Room at Kempinski Hotel Moika 22 (22, Moika River Emb., St Petersburg)

Cross-Disciplinary Workshop READING THE CONSTITUTION – CONSTITUTION IS TRENDY

Workshop Five

Supported by the Russian Arbitration Center at the Russian Institute of Modern Arbitration

Topic for Discussion: Articles 45-47, 55 and other provisions of the Russian Constitution on the parties’ capacity to go to an arbitration tribunal rather than to a public court in order to protect their violated rights and legal interests.

The reason for discussion is the Russian Constitutional Court Decision dd. 12 April 2018 upon request by the Commercial Panel of the Russian Supreme Court to check whether the provisions of the Russian Arbitration Procedural Code, as well as the Federal Laws “On Procurement of Goods, Works and Services by Certain Company Types”, “On Arbitration Tribunals in the Russian Federation” and “On Arbitration Proceedings in the Russian Federation” are consistent with the Constitution. We certainly won’t have time to cover all the details. But we’ll try to deal with as much as we can. For example, what “public elements” and what “concentration” of those would lead to non-arbitrability:

• public basis of agreements
• public interest pursued by agreements
• agreements’ focus on satisfying of public needs
• budget expenses
• contracting by a special entity
• disposal of public properties

Nevertheless, we would like to deal with all of the above matters in terms of the constitutional law: to what extend do arbitration tribunals have to be limited by public courts at all?

Moderator:

Dmitry Stepanov, PhD, LL.M, MPA, associate professor of the Civil and Business Law Department at HSE, partner at Egorov Puginsky Afanasiev & Partners

Attendees:

Gadis Ghadzhiev, Doctor of Laws, Tenured Professor and Academic Supervisor of the HSE School of Law in St Petersburg, Judge of the Constitutional Court of Russia.

Roman Bevzenko, PhD, associate professor at the Civil Law Department of the HSE School of Law, partner at Pepeliaev Group.

Andrey Panov, senior associate at Norton Rose Fulbright.

Andrey Rybalov, PhD, associate professor at the Civil Law Department of Saint Petersburg State University, Head of Private Law Directorate at the Constitutional Court of Russia.

Ekaterina Smirnova, partner at Yakovlev & Partners

Yuliy Tay, PhD, managing partner at Bartolius.

To register at the workshop, please send your applications at info@centerarbitr.ru.

Seating is limited.

The Workshop will be in Russian with no translation.