
Contents
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12.1 Background 12.1 Background
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12.1.1 The history and development of arbitration in Russia 12.1.1 The history and development of arbitration in Russia
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12.1.2 Recent developments 12.1.2 Recent developments
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12.1.3 Comparison with other regional or national venues 12.1.3 Comparison with other regional or national venues
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12.2 Commencing Arbitration 12.2 Commencing Arbitration
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12.2.1 The arbitration agreement as a bar to court proceedings 12.2.1 The arbitration agreement as a bar to court proceedings
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12.2.2 Interim measures 12.2.2 Interim measures
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12.2.3 Assistance in appointing arbitrators 12.2.3 Assistance in appointing arbitrators
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12.2.4 The role of courts in resolving jurisdictional questions 12.2.4 The role of courts in resolving jurisdictional questions
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12.2.5 Role of courts in enjoining arbitration 12.2.5 Role of courts in enjoining arbitration
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12.3 During the Arbitration 12.3 During the Arbitration
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12.3.1 Role of courts in deciding challenges to arbitrators 12.3.1 Role of courts in deciding challenges to arbitrators
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12.3.2 Role of courts in compelling testimony/evidence 12.3.2 Role of courts in compelling testimony/evidence
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12.3.3 Ability of foreign practitioners to appear as counsel or arbitrator 12.3.3 Ability of foreign practitioners to appear as counsel or arbitrator
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12.3.4 Hearings 12.3.4 Hearings
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12.4 The Award 12.4 The Award
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12.4.1 Mandatory rules as to form 12.4.1 Mandatory rules as to form
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12.4.2 Mandatory rules as to substance 12.4.2 Mandatory rules as to substance
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12.5 After the Award 12.5 After the Award
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12.5.1 Standards for setting aside/annulment 12.5.1 Standards for setting aside/annulment
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Invalid arbitration agreement; incapacity of a party Invalid arbitration agreement; incapacity of a party
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Violation of the right of parties to present their case Violation of the right of parties to present their case
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Ultra vires—exceeding the scope of the arbitration agreement Ultra vires—exceeding the scope of the arbitration agreement
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Improper composition of the arbitral tribunal; non-conformity of arbitration procedure to the law and the agreement of the parties Improper composition of the arbitral tribunal; non-conformity of arbitration procedure to the law and the agreement of the parties
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Non-final nature of the award; setting aside or suspension by a court of the state in which it was made Non-final nature of the award; setting aside or suspension by a court of the state in which it was made
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Arbitrability Arbitrability
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Public policy Public policy
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12.5.2 Local procedures for setting aside/annulment 12.5.2 Local procedures for setting aside/annulment
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Precondition for raising jurisdictional objections at the enforcement stage Precondition for raising jurisdictional objections at the enforcement stage
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12.6 Conclusion 12.6 Conclusion
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Cite
Abstract
This chapter evaluates the merits of Moscow as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Russia; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. A recent survey on Russia as a place for arbitration showed that most respondents did not have any manifestly positive or negative attitude toward Russia as a place for arbitration. This absence of ‘exceptionally positive’ or ‘exceptionally negative’ views shows that continued efforts in providing greater support to arbitration are needed to bring Russia's current status of international arbitration practices in line with international trends. On a positive note, the Russian Federation appears to be moving gradually toward improving the efficiency of its legislation on international arbitration and abandoning the historical, overly formalistic approach of state courts on matters related to arbitration.
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