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Arbitration in Russia Challenges and Opportunities Roman Zykov

Arbitration in Russia Challenges and Opportunities Roman Zykov Secretary General, Russian Arbitration Association Vilnius, November 21-22, 2013 . Contents. Legal environment Present state of affairs Developments Russian Arbitration Association . Legislation .

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Arbitration in Russia Challenges and Opportunities Roman Zykov

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  1. Arbitration in Russia Challenges and Opportunities Roman Zykov Secretary General, Russian Arbitration Association Vilnius, November 21-22, 2013

  2. Contents Legal environment Present state of affairs Developments Russian Arbitration Association

  3. Legislation The New York Convention 1958 European Convention 1961 Moscow Convention 1972 Optional Arbitration Clause 1977 71 BITs UNCITRAL Model Law 1985

  4. Present Uniform application of Law Broader arbitrability Interim measures by state court Optional forum clauses – invalid No court’s review on merits Improvement in enforcement (3 year limit)

  5. Arbitrability • Any commercial matter • Real Estate - ok • Corporate • SPA - ok • SHA - ? • Bankruptcy - no • Competition - no

  6. Russian disputes abroad

  7. Russian element in the ICC

  8. ICC Russia Survey “Russia as Place for Arbitration” Please indicate your preferences with regard to the cities listed below if negotiating the place for arbitration

  9. Russian Arbitration Association Founded in 2013 50 founding law firms Non-governmental Non-profit

  10. Board of THE RUSSIAN ARBITRATION ASSOCIATION

  11. David Goldberg Vladimir Khvalei Tatiana Slipachuk Ilya Nikiforov Noah Rubins Timur Aitkulov

  12. Alevtina Kamelkova Vasily Rudomino Andrey Loboda Alexander Khraputsky Loboda, Filimonov and partners Yuri Monastyrsky

  13. arbitrators nominating committee

  14. Galina Zukova Francesca Albert Alexei Dudko Sergey N. Lebedev Ekaterina Kobrin Tamara E. Abova Gleb Sevastianov Treteisky Sud Journal

  15. RAA objectives • Dispute resolution services in CIS • Domestic • International • Arbitrators’ database • Improvement of legislation • Education • Knowledge database

  16. RAA Dispute Resolution Administering disputes under the UNCITRAL Arbitration rules Acting as appointing authority On-line arbitration for small claims Arbitrator’s database

  17. The functions of the RAA • Appointing authority • Appointment of arbitrators on default of party • Selection of chairman or sole arbitrator • Adjudication of challenges to arbitrators • Administrative authority • Maintenance and disbursement of advances • Review and certification of awards • Custody of case documents • Prospective administrative activities • Further administrative support to tribunal • Hearing organization and logistics

  18. RAA as appointing authority The Nominating Committee and its functions The arbitrator database and arbitrator qualifications Procedure for procuring appointment of co-arbitrator by RAA Procedure for procuring appointment of sole arbitrator or chairman by RAA Arbitrator challenge and replacement

  19. RAA as administrative authority Currentadministrative activities Management of costs and advances Procedure for scrutiny and certification of final awards Prospective administrative activities Custody of the case file Secretarial and other administrative support Organization of hearings

  20. Arbitration Costs ($)

  21. Arbitrator’s fee ($)

  22. Administrative fee ($)

  23. Arbitration Costs: breakdown

  24. Thank you! Roman Zykov Secretary General Russian Arbitration Association roman.zykov@arbitrations.ru www.arbitrations.ru

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