Arbitration Court in Russia
Russia has adopted, in 1993, the Federal Law on International Commercial Arbitration established on the UNCITRAL (United Nations Commission for International Trade Law) Law Model from 1985. The Russian Supreme Commercial Court has affirmed the guidelines on how arbitral awards can be identified, implemented, or set aside in arbitration cases.
The Arbitration Law in Russia
The Arbitration Law in Russia is suggested to settle conflicts arising from trading activities or economic contracts between two or more parties. At slightest one of the parties must be a foreign company or a foreign company invested in Russia. According to the Russian Arbitration Law, some statements do not fall under the jurisdiction of the Supreme Arbitration Court. Therefore, they will need to be managed by the Russian court system. This kind of dispute can result from:
- company registration;
- company reorganization;
- company liquidation or insolvency cases;
- competition disputes;
- company reputation disputes.
Arbitration Court in Russia
As noted above, there is a clear distinction between disputes resolved by the Russian Arbitration Court and litigation cases settled by the judicial system. Parties interested in a dispute settlement can opt for the private dispute resolution method and appeal to arbitral tribunals or appeal to the arbitration courts part of the Russian court system. Arbitration courts are usually interested in setting commercial disputes, and in the case of arbitration cases, they can only suspend or recognize and apply arbitral awards.
The Supreme Arbitration Court in Russia supervises the lower arbitration courts, and it manages the implementation of arbitration awards. The Supreme Arbitration Court in Russia also can decide the laws applied in conflict settlement cases. Starting in 2014, the Arbitration Court was incorporated in the Russian Supreme Court, and it was replaced by a Collegium made of 30 judges.
The arbitration agreement in Russia
The Russian Arbitration Law states that if an arbitration agreement exists, it must be written, and it can take different forms, from letters traded between parties to faxes or e-mails. Nevertheless, if parties submit all the evidence that proves the existence of an agreement between parties, then the arbitral tribunal can head without the actual written arbitral agreement. Cautiousness is advised when drafting an arbitration agreement as there have been cases when arbitration could not be performed because missteps or incompletions were signaled.
Enforcement of foreign arbitral awards in Russia
Russia has signed and ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1960, and arbitral awards are enforced according to international laws. In Russia, foreign arbitral awards are used with the help of Russian lawyers who know precisely the enforcement proceedings as the situation must respect all the legal necessities of the Russian federal courts. Implementing a foreign arbitral award in Russia can be specified upon the expiration of the limitation period.
If you want details about the Arbitration Law or need legal assistance, you can contact our Russian law firm.
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