Breakthrough in Arbitration

Gerard David

The Judgement of Cambyses, 1498

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Why Choose Russian Arbitration Center at the Russian Russian Institute of Modern Arbitration?

1. Russian Permanent Arbitral Institution (PAI) Officially Authorized by the Government of the Russian Federation

Under the Russian arbitration legislation, only those arbitral institutions that received an official PAI status from the Russian Government may administer arbitral proceedings with a seat in Russia.

The official status of a PAI provides certain advantages, as compared with foreign arbitral institutions or ad hoc arbitration:

  • Only PAIs may administer arbitration of corporate disputes involving Russian companies (including M&A disputes arising from SPAs);
  • Parties referring disputes to a PAI may enter into so-called direct (special) arbitration agreements that allow to “fine-tune” their arbitration (e.g., exclude annulment proceedings in state court and other forms of state courts’ assistance and supervision in regard of arbitral proceedings);
  • Arbitral tribunal or parties in the arbitration administered by a PAI may apply to a state court to seek assistance in obtaining evidence.
  • Russian Russian Arbitration Center at the Russian Institute of Modern Arbitration was granted the PAI status by the Order of the Government of the Russian Federation No. 799-p dated 27 April 2017, becoming one of the first and few arbitral institutions in Russia with such status.

2. Transparent Structure and Collegial Decision-Making Process

Russian Arbitration Center at the Russian Institute of Modern Arbitration operates at autonomous non-profit organization “Russian Institute of Modern Arbitration” (RIMA) steered by the Federal Bar of Attorneys of Russia and the Saint-Petersburg International Legal Forum.

The main body of the Russian Arbitration Center is the Board comprising 9 reputable legal professionals. The Board and its members are completely independent from the RIMA, as they are elected by the arbitrators from the recommended list of arbitrators. The Board now includes prominent academics, partners of Russian and international law firms, retired judges of the Supreme Arbitrazh (Commercial) Court. The Board is subject to partial rotation every 3 years.

3. Recommended List of Arbitrators and International Database of Arbitrators

The recommended list of arbitrators of the Russian Arbitration Center at the Russian Institute of Modern Arbitration includes more than 90 legal professionals, among whom there are leading practitioners, counsels, academics, retired judges. However, the parties referring their disputes to arbitration administered by the Russian Arbitration Center may appoint any arbitrators, even not included in the Russian Arbitration Center’s list of arbitrators.

The Russian Arbitration Center also maintains a separate international arbitration database that includes more than 40 foreign practitioners from various jurisdictions (UK, France, Sweden, Switzerland, Singapore, Hong Kong, Japan, Australia, USA) who have consented to act as arbitrators in the proceedings administered by the Russian Arbitration Center.

4. Arbitration Rules 2017

Arbitration Rules 2017 are one of the most advanced modern arbitration rules based on the best worldwide practices and recent trends in global arbitration.

Arbitration Rules 2017 are applicable to domestic arbitration, international commercial arbitration and arbitration of corporate disputes involving Russian companies. Arbitration Rules 2017 also provide for a mechanism of expedited arbitration allowing parties to reduce time and costs.

For ensuring the efficiency of arbitration, Arbitration Rules 2017 include such features as:
Case management conference and timetable of arbitral proceedings;

  • Arbitration of multiple claims;
  • Consolidation of arbitrations;
  • Joinder of additional claimants, respondents and third parties;
  • Detailed provisions on confidentiality.

The Parties may also agree to apply hourly rates to their proceedings, instead of default ad valorem rates to attract highly professional arbitrators or in case of huge sums of claims.