International Commercial Arbitration and Cross-Border Disputes
Legal assistance in international commercial arbitration and in resolving cross-border disputes between participants in foreign trade

The development and growth of international trade allows foreign partners to interact regardless of the company’s jurisdiction, while observing established state restrictions.
However, not all foreign trade transactions end with the successful execution of the contract and disputes arise on various issues. Given the different jurisdictions of the partners, international commercial arbitrations become relevant, which help resolve cross-border disputes between participants in foreign trade activities.
International Commercial Arbitration in Russia
As per the Law of the Russian Federation of 07.07.1993 No. 5338-1 “On International Commercial Arbitration”, arbitration is the process of resolving a dispute by an arbitral tribunal and making a decision by the arbitral tribunal, regardless of whether it is administered by a permanent arbitration institution, including without limitation the International Commercial Arbitration Court and the Maritime Arbitration Commission under the Chamber of Commerce and Industry of the Russian Federation, or not.
The ICAC at the CCI of the Russian Federation is an independent permanent arbitration institution that carries out activities to administer international commercial arbitration, and the Maritime Arbitration Commission resolves disputes arising from contractual and other civil law relations arising from merchant shipping
Appendix 1 to the Order of the CCI of the Russian Federation dated January 11, 2017 No. 6 establishes that the ICAC carries out the following types of activities:
- administration of international commercial arbitration;
- administration of arbitration of domestic disputes;
- administration of arbitration of corporate disputes;
- administration of arbitration of sports disputes;
- performance of individual functions on the administration of arbitration carried out by an arbitration court formed by the parties to resolve a specific dispute;
- administration of arbitration of other disputes in cases stipulated by international treaties of the Russian Federation or federal laws.
Meanwhile, other international commercial arbitrations also operate in Russia, such as the Arbitration Center at the Russian Union of Industrialists and Entrepreneurs, the Russian Arbitration Center at the non-profit autonomous organization "Russian Institute of Modern Arbitration".
Legal services in international commercial arbitrations
The versatility of interaction with foreign partners can give rise to disputes that participants in foreign economic activity can consider not only in the above-mentioned international commercial arbitrations, but also, for example, in such as the Vienna International Arbitration Center, the Arbitration Institute of the Stockholm Chamber of Commerce, the London Court of International Arbitration, the International Court of Arbitration at the International Chamber of Commerce, etc.
Each international commercial arbitration uses its own established rules for conducting cases, with the terms of which the parties agree, in the event that the dispute is fixed in the terms of the foreign trade contract that it will be considered in a particular court. Such rules (regulations) often determine the entire procedure for conducting commercial arbitration, starting from filing an application and choosing arbitrators and ending with the decision.
Given the diversity of international commercial arbitrations, when agreeing on the terms of a foreign trade contract, it is necessary to clearly reflect the international commercial arbitration chosen by the parties. At the same time, the legal services required to resolve the dispute may also differ, depending on the court that will consider the dispute. By choosing a specific commercial arbitration, the parties agree to apply the rules of the chosen court in resolving the dispute.
Given the diversity of international commercial arbitrations, when agreeing on the terms of a foreign trade contract, it is necessary to clearly reflect the international commercial arbitration chosen by the parties. At the same time, the legal services required to resolve the dispute may also differ, depending on the court that will hear the dispute. By choosing a specific commercial arbitration, the parties agree to apply the rules of the chosen court to resolve the dispute.
In addition, it is also important to note that in most cases, decisions made by international commercial arbitrations are binding on the parties to the dispute.
Recognition and enforcement of arbitration awards
In Geneva on 21.04.1961, wishing to promote the development of European trade by eliminating, as far as possible, some difficulties in the functioning of foreign trade arbitration in relations between individuals and legal entities of various European countries, the European Convention on Foreign Trade Arbitration was adopted, which was ratified by the Decree of the Presidium of the Supreme Soviet of the USSR dated 14.05.1962 No. 67-VI.
With regard to the recognition and enforcement of arbitral awards rendered in the territory of a state other than the state where recognition and enforcement of such awards is sought, in disputes in which both individuals and legal entities may be parties, the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Concluded in New York in 1958), ratified by the Decree of the Presidium of the Supreme Soviet of the USSR dated 10.08.1960, also applies.
An arbitral award is binding from the date of its issuance and is subject to voluntary execution by the parties within the time period specified therein. An arbitral award that is not voluntarily executed within the specified time period is enforced in accordance with applicable law and international treaties.
Involving qualified and experienced lawyers in the field of foreign trade activities in resolving cross-border disputes allows not only to speed up the dispute resolution process, but also to conduct the case with due observance of the principles and norms of both Russian and international legislation. At the same time, the participation of an experienced specialist also allows participation in international commercial courts located outside of Russia, such as Hong Kong, China and others.
Attorneys on international (cross-border) disputes
Foreign economic activity is accompanied not only by transactions, but also by possible controversial situations between participants in foreign trade relations. When concluding a foreign trade contract with foreign partners, it is important to take into account the different jurisdictions of the parties to the transaction and reflect, in addition to key aspects and essential conditions, issues of applicable law and choose international commercial arbitration.
Considering that disputes can be considered in various international commercial arbitrations located not only in the jurisdiction of foreign partners, as a rule, lawyers representing the interests of participants in foreign economic activity in cross-border disputes are involved in representing interests. Such specialists have not only knowledge in the field of international law, but also experience in representing the interests of various companies in international commercial arbitrations.
Legal services
- Legal representation in disputes in international commercial arbitration
- Preparation of arbitration agreements and arbitration clauses for international trade contracts
- Consulting on protection issues in the event of cross-border disputes
- Legal assistance in resolving disputes complicated by a foreign element
- Assistance in choosing a method of legal protection for foreign trade transactions
- Representation of interests and preparation of documents in resolving disputes in international commercial arbitrations
- Support for recognition and enforcement of decisions of international commercial arbitration