Advantages

Advantages

The Arbitration Rules consist of:

• Rules on arbitration of domestic disputes
• Rules on arbitration of international commercial arbitration
• Rules on arbitration of corporate dispute

We kindly offer you to discover the benefits of the Arbitration Rules.

1. Multiple Claims (Article 32)

Consolidation of multiple claims allows not only to consider similar claims in a single proceeding, but also to reduce costs. For example, if there are two claims amounting to 10 000 000 RUR and 20 000 000 RUR, the arbitration fee after consolidation will be reduced by 32 per cent.

Within the arbitration administered by the Russian Arbitration Center, the Claimant is allowed to

• Consolidate any claims covered by the same arbitration agreement in its Request for Arbitration or Claim
• Ask the Board of the Russian Arbitration Center to consolidate claims covered by the compatible arbitration agreements, if the parties to the arbitration agreements coincide or if the disputes arise out of the similar obligations

2. Consolidation of Arbitrations (Article 33)

Consolidation of arbitrations is one of the main instruments which increases the efficiency of the arbitration and allows a more detailed examination of the dispute.

Arbitration Rules envisage several cases where consolidation of already-commenced arbitrations is allowed:

1) upon the Parties’ mutual agreement

2) upon the request of one of the Parties

• If the arbitrations to be consolidated are based on the same arbitration agreement
• If the arbitrations to be consolidated are based on compatible arbitration agreements and the Parties to such arbitrations are the same
• If the arbitrations to be consolidated are based on compatible arbitration agreements and the disputes arise from interconnected obligations (for example, principal and ancillary obligations)

3. Multi-party Arbitration (Article 35)

The Arbitration Rules govern the mechanism of joinder of new parties to an already commenced arbitration. New parties may join the arbitration as:

1. Co-Claimants/Co-Respondents

Co-claimants may intervene into an already commenced arbitration upon their own motion by filing claims, which relate to the same subject matter, against the Respondent. Co-respondent may be joined only by the Claimant by filing claims against it.

Co-claimants and co-respondents may become parties to arbitration only if they are parties to the same arbitration agreement.

2. Additional Claimant or Respondent

Additional claimants may intervene into an already commenced arbitration and additional respondents may join the arbitration, if

– they are parties to the same arbitration agreement or

– all parties consent to such intervention or joinder

– additional party is also a party to arbitration agreement

– claims of the additional claimant are compatible with the Claimant’s claims (claims against additional respondent are compatible with the claims against the Respondent in case of additional respondent) are interconnected (for example, they arise out of the principal and ancillary obligations) and covered by the compatible arbitration agreements.

The decision on intervention/joinder of additional parties is taken by arbitral tribunal, before its constitution – by the Board. If additional parties join/intervene before the constitution of an arbitral tribunal, additional parties may participate in its constitution.

4. Emergency Interim Relief (Article 49)

The President of the Board of the Russian Arbitration Center, at the request of a party, may order emergency interim measures, prior to the constitution of arbitral tribunal. The arbitral tribunal is not bound by such emergency arbitration order.

This allows parties to protect their interests when there is a risk of:

• Transfer of assets or concealment of disputed objects;
• Destruction of relevant evidence;
• Initiating parallel litigations etc.

The special administrative fee for emergency arbitration is 100 000 RUB (approx. 1700 USD).

5. Expedited Procedure (Articles 63-68)

Chapter 7 of the Arbitration Rules is devoted to an expedited procedure, which allows the Parties to resolve their dispute in arbitration without oral hearings. During the expedited procedure, an exchange of written submissions is limited.

The expedited procedure applies, if:

• an amount in dispute is less than 30 000 000 RUR or 500 000 USD
• an arbitration agreement provides for the expedited procedure and the Parties waive their right to oral hearings by means of direct (special) agreement

The expedited procedure allows the Parties to reduce by half the terms of arbitration. An arbitration fee also significantly diminishes:

• Arbitrator’s fee – by 25%
• Administrative fee – by 50%.