Arbitration Centre at the Russian Union of Industrialists and Entrepreneurs (RSPP)

Legal representation at the Arbitration Center at the RSPP

Representation in the Arbitration Centre at the Russian Union of Industrialists and Entrepreneurs (RSPP) (hereinafter referred to as the “Arbitration Centre at the RSPP”) is an independent permanent arbitration institution that carries out activities on the administration of arbitration (arbitration proceedings) of domestic disputes and international commercial arbitration.

The location of the Arbitration Centre at the RSPP, including its central office, is the capital of the Russian Federation - the city of Moscow.

The right to carry out activities is granted by the order of the Government of the Russian Federation dated 27.04.2017 No. 798-r, which is the first order in Russia on the granting of such a special right.

The Arbitration Centre at the RSPP administers any domestic and international (cross-border) disputes, the parties to which may be individuals, sole proprietors, legal entities, public-law entities, as well as any other entities, including those that are not legal entities, but which, by virtue of their status under the law of the institution, have the right to be a plaintiff and defendant in court.

Statement of claim to the Arbitration Centre at the RSPP

To initiate proceedings, it is necessary to file a statement of claim with the Arbitration Centre at the RSPP, which shall indicate:

1. date of the statement of claim;
2. names (last name, first name and, if any, patronymic) and location (residence) of the parties;
3. justification for the competence of the arbitration court;
4. claims of the plaintiff;
5. circumstances and legal norms on which the plaintiff bases his claims;
6. evidence confirming the grounds for the claims, as well as the calculation of the claims;
7. claim amount;
8. a list of documents and other materials attached to the statement of claim.

The following documents shall be attached to the statement of claim:

1. a copy of the arbitration agreement on the basis of which the dispute is to be resolved;
2. copies of documents and other materials confirming the circumstances on which the plaintiff bases his claims;
3. a copy of the document confirming payment of the registration or arbitration fee;
4. a power of attorney and (or) other documents certifying the authority of the person who signed the statement of claim.

The issue of accepting the statement of claim for proceedings shall be decided by the Chairman of the Arbitration Centre at the RSPP within a period not exceeding 5 working days from the date of receipt of the statement of claim by the Arbitration Centre at the RSPP.

The defendant, within a period not exceeding 15 calendar days, and in international commercial arbitration - 30 calendar days, from the date of receipt of notification from the Arbitration Centre at the RSPP about the acceptance of the statement of claim for proceedings, has the right to submit a response to the statement of claim, and at the request of the defendant, the said period may be extended by the arbitration court.

The response to the statement of claim shall indicate:

1. date of response;
2. name (last name, first name and, if any, patronymic) and location (residence) of the defendant;
3. acknowledgement of the claims or other explanations of the defendant regarding the claims with reference to the circumstances and legal norms on which the defendant bases his explanations;
4. evidence confirming the grounds for the defendant's explanations;
5. a list of documents and other materials attached to the response.

The following shall be attached to the response to the statement of claim:

1. copies of documents and other materials confirming the circumstances on which the defendant's explanations are based;
2. power of attorney and (or) other documents certifying the authority of the person who signed the response to the statement of claim.

Consideration of the case in the Arbitration Centre at the RSPP

Along with the established rules regarding the claim and its response, it is important to note that the consideration of cases in the Arbitration Centre at the RSPP is carried out on the basis of the principles of discretion, adversarial proceedings and equal treatment of the parties.

The arbitration court, maintaining independence and impartiality, conducts arbitration, at the request of the parties to the arbitration, explains their rights and obligations, warns them of the consequences of their performance or non-performance of procedural actions, assists in the implementation of their rights, creates conditions for a comprehensive and complete examination of evidence, establishment of factual circumstances and correct application of the rules of law in resolving the dispute.

In addition, the arbitration court applies the rules of the Arbitration Centre of the RSPP to the procedure for conducting arbitration, taking into account the agreement of the parties. When resolving issues not regulated by the rules of the Arbitration Centre at the RSPP, the agreement of the parties and the legislation applicable to arbitration, the arbitral tribunal shall conduct the arbitration in the manner it considers appropriate, including with respect to determining the admissibility, relevance and significance of any evidence.

Unless the parties agree otherwise, the place of arbitration shall be the Russian Federation, the city of Moscow. In this case, arbitration of domestic disputes shall be conducted in Russian, and international commercial arbitration shall be conducted in the language or languages in accordance with the agreement of the parties, and in the absence of such an agreement - in the language or languages determined by the arbitral tribunal taking into account the opinion of the parties to the arbitration. Among other things, it is important to note that the arbitral tribunal shall resolve the dispute in accordance with the rules of Russian law or, in cases where the parties may choose foreign law as applicable to their legal relations, in accordance with the rules of law that the parties have indicated as applicable to the substance of the dispute, and in the absence of such an indication, in accordance with the rules of substantive law determined by the arbitral tribunal in accordance with the conflict of laws rules that it considers applicable. Any reference to the law or legal system of any state shall be interpreted as directly referring to the substantive law of that state, and not to its conflict of laws rules. The arbitral tribunal shall make a decision in accordance with the terms of the contract and taking into account applicable customs. At the same time, evidence is information about the facts on the basis of which the arbitral tribunal establishes the presence or absence of circumstances substantiating the claims and objections of the persons participating in the arbitration, as well as other circumstances that are important for the correct resolution of the dispute. Written and material evidence, explanations of persons participating in the arbitration, testimony of witnesses, expert opinions, and other documents and materials are admissible as evidence. At the same time, taking into account the circumstances of the case, the arbitration court may recognize oral testimony as admissible only on condition of additional written presentation of this testimony by the witness for inclusion in the case materials, as well as written confirmation by the witness of the reliability of his testimony.

Fees, expenses and costs for consideration of a case in the Arbitration Centre at the RSPP

To apply to the Arbitration Centre at the RSPP, the parties must pay the required fees, which include:

1. arbitration fee – an amount paid for each statement of claim filed with the Arbitration Centre at the RSPP and consisting of a fee and an administrative fee;
2. fee – a part of the arbitration fee intended to pay fees to arbitrators and speakers;
3. administrative fee – a part of the arbitration fee intended to cover the general expenses of the Arbitration Centre at the RSPP (for organizational, material and other support for arbitration and development of the Arbitration Centre at the RSPP);
4. registration fee – a part of the administrative fee intended to cover the expenses of the Arbitration Centre at the RSPP incurred at the initial stage of arbitration;
5. additional arbitration costs – costs associated with arbitration that are not included in the arbitration fee (costs of the arbitral tribunal and procedural costs);
6. arbitral tribunal costs – costs incurred by arbitrators in connection with participation in arbitration, including in connection with holding a hearing, inspection and examination of written and material evidence at their location (payment for travel, accommodation and other costs associated with the arbitrator being outside their permanent place of residence);
7. procedural costs – special costs associated with conducting arbitration, including amounts payable to experts and translators, costs incurred by witnesses, costs of holding hearings outside the premises provided by the Arbitration Centre at the RSPP, costs of performing procedural actions;
8. costs of the parties – costs incurred by the parties in connection with participation in arbitration, including payment for the services of their representatives, travel expenses.

It is important to note that the Arbitration Centre at the RSPP accepts for consideration any disputes that, by law, may be the subject of arbitration, including domestic (intra-Russian), international (with a foreign element), corporate and disputes involving individuals, which allows disputes to be resolved according to modern arbitration rules that reflect the best Russian and foreign practices and ensure prompt and confidential dispute resolution.

Legal services

1. Consulting on issues of applying to the Arbitration Centre at the RSPP and drafting the necessary documents
2. Preparing a statement of claim to the Arbitration Centre at the RSPP
3. Drafting a response to a statement of claim to the Arbitration Centre at the RSPP
4. Legal support for cases considered by the Arbitration Centre at the Russian Union of Industrialists and Entrepreneurs
5. Legal representation in the Arbitration Centre at the RSPP