Legal Support for Disputes Before the Maritime Arbitration Commission (MAC at the RF CCI)

The Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation (hereinafter referred to as “MAC,” “MAC at the RF CCI,” or the “Commission”) operates as an autonomous, specialized, permanently functioning arbitral institution authorized to handle:

1. The administration of international commercial arbitration;
2. The administration of arbitral proceedings for alternative disputes as expressly provided by international treaties of the Russian Federation or federal statutes; and
3. The execution of specific administrative functions for ad hoc arbitral tribunals established by the parties to resolve a particular dispute.

Adjudication of Maritime and Transport Disputes Before the MAC

The Maritime Arbitration Commission resolves disputes arising from contractual and other civil law relationships involved in merchant shipping, irrespective of whether the participating entities are subject to Russian law, foreign law, or a mix of jurisdictions. In particular, the Commission possesses jurisdiction over disputes arising out of:

1. The chartering of vessels, maritime carriage of goods, and multimodal (river-sea) transport operations;
2. Maritime towage of vessels and other floating objects;
3. Marine insurance and reinsurance;
4. Transactions involving the sale, purchase, pledge, and repair of sea-going vessels and other floating craft;
5. Pilotage, icebreaking services, ship agency, and other husbandry services for maritime and inland navigation vessels, provided such operations pertain to navigation along maritime routes;
6. The utilization of vessels for scientific research, mineral extraction, hydrotechnical engineering, and related maritime operations;
7. The salvage of maritime vessels, the salvage of inland vessels by maritime vessels, and salvage operations conducted by inland craft within maritime waters;
8. The removal of sunken property and maritime wrecks;
9. Collisions between maritime vessels, maritime and inland vessels, or inland craft in maritime waters, as well as vessel-source damage inflicted upon port infrastructure, navigational aids, and other fixed installations; and
10. Damage caused to fishing nets and other commercial harvesting gear, as well as liabilities arising out of industrial fishing operations.

Additionally, the MAC adjudicates disputes connected with the navigation of maritime and inland vessels along international rivers within the scope defined by statutory requirements, alongside disputes arising from international transport operations executed by inland navigation craft.

Crucially, the Maritime Arbitration Commission accepts cases for review provided there is a valid arbitration agreement between the parties to refer their disputes to the Commission, or if the parties are legally obligated to refer their disputes to its jurisdiction pursuant to international treaties.

Preparation and Filing of a Statement of Claim with the Maritime Arbitration Commission

Arbitral proceedings are formally initiated upon the filing of a Statement of Claim with the MAC. All documentation pertaining to the commencement and conduct of the arbitration must be submitted by the parties to the MAC in 5 identical, complete hard copies. In cases where the dispute is to be adjudicated by a sole arbitrator, 3 copies must be submitted. This volume is subject to a proportional increase if more than two parties are involved in the dispute, unless otherwise directed by the Executive Secretary of the MAC or the arbitral tribunal itself.

Concurrently, given that a Statement of Claim may be submitted to the MAC electronically via email, the Secretariat or the arbitral tribunal retains the right to request that the parties also furnish all procedural documents in digital format.

Formulating Case Strategy and Preparing Procedural Pleadings for the MAC

A formal Statement of Claim submitted to the MAC at the RF CCI must explicitly specify:

1. The date of execution of the Statement of Claim;
2. The full corporate names (or individual identities) and registered seats (or residential addresses) of the parties to the arbitration, alongside their mailing addresses, telephone numbers, fax numbers, and email addresses;
3. A jurisdictional statement establishing the competence of the MAC to administer the dispute;
4. The specific relief or remedies sought by the claimant;
5. The factual circumstances upon which the claimant bases its assertions;
6. The supporting evidence validating the grounds of the claims;
7. A detailed legal justification of the claims factoring in applicable laws and regulatory frameworks;
8. The total value of the claim;
9. An itemized calculation of the sum of each individual remedy; and
10. A comprehensive inventory of all documents and supplementary materials appended to the submission.

The formal filing date of the claim is deemed to be the day it is physically or digitally delivered to the MAC Secretariat. Following delivery, the Executive Secretary notifies the respondent of the filing and transmits a copy of the Statement of Claim and its attached exhibits, provided the required number of copies has been supplied and the advance on the arbitration fee has been paid in full. The respondent's Answer (Statement of Defense) must outline:

1. The date of execution of the response;
2. The full legal name, registered seat, mailing address, telephone number, fax number, and email address of the respondent;
3. An explicit admission or denial of the claims asserted by the claimant;
4. The factual circumstances upon which the respondent bases its defenses;
5. The supporting evidence corroborating the grounds of the objections;
6. A detailed legal justification of the respondent’s position under applicable laws; and
7. An inventory of all attached documentary evidence and procedural materials.

Management of Arbitration Costs and Hearing Procedures

The Maritime Arbitration Commission provides dispute administration services on a commercial basis. Upon filing a Statement of Claim, the claimant must remit a non-refundable registration fee; the claim is not legally deemed filed until this payment is settled. Furthermore, for each submitted claim, the claimant must pay an advance on the arbitration fee. The registration fee is not credited toward this advance, and the case will remain stayed without further action until full payment is received.

Similarly, when filing an application for interim or provisional measures, the applying party is required to remit a dedicated application fee. The motion for interim relief will not be processed or deemed submitted until this fee is fully settled.

Unless the parties contractually agree otherwise, oral hearings are held in Moscow. If hearings are conducted at an alternative location, any additional operational expenses incurred as a result are allocated to the parties. Litigants also retain the autonomy to designate the language or languages to be used throughout the arbitration. The arbitral tribunal resolves the merits of the dispute in accordance with the substantive rules of law chosen by the parties. Any reference to the law or legal system of a given state is construed as a direct reference to its substantive rules, expressly excluding its conflict-of-laws principles.

The final arbitral award becomes binding on the date it is rendered, and both the parties and the tribunal make every effort to ensure the award remains legally enforceable. An award that is not voluntarily executed within the designated timeline is brought into enforcement in accordance with applicable domestic legislation and international treaties.

Arbitral awards, orders terminating proceedings, and related case materials are securely archived and stored by the MAC for a duration of 5 years from the formal date of termination of the proceedings.

Legal Representation Before the Maritime Arbitration Commission

1. Advising clients on contractually referring cross-border commercial disputes to the Maritime Arbitration Commission;
2. Drafting and filing structured Statements of Claim, Answers, and counterclaims in accordance with established MAC procedures;
3. Representing client interests and managing case strategy throughout all stages of adjudication before the MAC at the RF CCI; and
4. Handling the post-award enforcement and recognition of final maritime arbitral awards.