Arbitration Center at the Institute of Modern Arbitration Can Now Perform The Functions of Permanent Arbitration Institution (PAI)

William Hogarth

Bambridge on Trial for Murder by a Committee of the House of Commons, 1729

We are pleased to announce that the Institute of Modern Arbitration and the Arbitration Center have obtained the right to perform the functions of permanent arbitration institution (PAI).

The right has been granted by the Order of the Government of the Russian Federation N 799-r dated April, 27, 2017.

The Arbitration Center at the Institute of Modern Arbitration is among the first arbitration institutions that obtained the right to administer arbitration according to the Federal Law N382-FZ “On arbitration (arbitration proceedings) in Russian Federation.

At the meantime, we are expecting decision of the Ministry of Justice of Russia on deposition of the Arbitration Rules 2017 of the Arbitration Center. Earlier we have presented the English text of the Arbitration Rules 2017.

From now on, the Arbitration Center can take advantage of all the features of institutional arbitration:

  • Arbitration Center can administer domestic arbitration and international commercial arbitration, as well as arbitration of all arbitrable corporate disputes
  • Appointment of a sole arbitrator (or a presiding arbitrator in a panel) as well as challenges of arbitrators shall be considered by the Board comprising 9 members
  • Parties to arbitration administered by the Arbitration Center may waive their right to apply to a state court for the assistance regarding certain procedural issues (e.g., challenge of jurisdiction or arbitrators) by means of a direct (special) agreement
  • Parties to arbitration administered by the Arbitration Center may seek assistance from a state court in obtaining evidence
  • Parties choosing the Arbitration Center in their arbitration agreement do not bear risks that their agreement becomes unenforceable or their arbitration proceedings will be considered as ad hoc

Obtaining a right to perform the functions of PAI implies that the Arbitration Center can guarantee that it will administer arbitration even after 1 November 2017 – the expiration of transitional period within which all existing arbitration institutions shall either obtain the status of PAI or cease administering Russia-related disputes.

The Arbitration Center at the Institute of Modern Arbitration, being one of the first PAIs and meeting all the requirements of arbitration legislation, has confirmed its reputation as a modern, professional and independent dispute resolution f