Maritime Arbitration Commission at the RF CCI

Legal representation in the Maritime Arbitration Commission at the RF CCI

The Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation (hereinafter referred to as the “MAC”, “MAC at the RF CCI”, "Maritime Arbitration Commission") is an independent specialized permanent arbitration institution that carries out:

1. administration of international commercial arbitration;
2. administration of arbitration of other disputes in cases stipulated by international treaties of the Russian Federation or federal laws;
3. performance of certain functions for the administration of arbitration carried out by an arbitration tribunal formed by the parties to resolve a specific dispute.

The Maritime Arbitration Commission shall resolve disputes arising from contractual and other civil law relations arising from merchant shipping, regardless of whether the parties to such relations are subjects of Russian and foreign law, or only Russian or only foreign law, in particular disputes arising from relations:

1. on chartering of vessels, sea carriage of goods, as well as carriage of goods in mixed (river-sea) navigation;
2. on sea towing of vessels and other floating objects;
3. on marine insurance and reinsurance;
4. related to the purchase and sale, pledge and repair of sea vessels and other floating objects;
5. on pilotage and ice pilotage, agency and other servicing of sea vessels, as well as inland navigation vessels, since the relevant operations are related to the navigation of such vessels along sea routes;
6. related to the use of vessels for scientific research, mining, hydraulic engineering and other work;
7. on the rescue of sea-going vessels or by a sea-going vessel of an inland navigation vessel, as well as on the rescue in sea waters by an inland navigation vessel of another inland navigation vessel;
8. related to the removal of sunken property;
9. related to the collision of sea-going vessels, a sea-going vessel and an inland navigation vessel, inland navigation vessels in sea waters, as well as with damage caused by a vessel to port facilities, navigational aids and other objects;
10. related to damage caused to fishing nets and other gear for the extraction (catch) of aquatic biological resources, as well as with other damage caused during industrial fishing.

In addition, the MAC shall resolve disputes that arise in connection with the navigation of sea-going vessels and inland navigation vessels on international rivers, in the cases specified in this article, as well as disputes that are related to the implementation of foreign transportation by inland navigation vessels.

It is important to note that the Maritime Arbitration Commission accepts disputes for consideration if there is an agreement between the parties to refer disputes to it for consideration, as well as disputes that the parties are obliged to refer to it for resolution by virtue of international treaties of Russia.

Filing a statement of claim and consideration of disputes in the MAC at the RF CCI

Arbitration proceedings shall commence by filing a statement of claim with the MAC, and all documents related to the commencement and implementation of arbitration proceedings shall be submitted by the parties to the MAC in 5 copies of equal completeness, and in the case of consideration of the dispute by a sole arbitrator - in 3 copies with a corresponding increase in the number of copies if more than two parties participate in the dispute, unless otherwise, if necessary, is determined by the Executive Secretary of the MAC or the arbitration court.

At the same time, given that a statement of claim may be filed with the MAC by sending it by e-mail, the Secretary of the MAC or the arbitration court has the right to suggest that the parties also submit documents in electronic form.

The statement of claim to the MAC at the RF CCI shall indicate:

1. date of the statement of claim;
2. name (last name, first name and, if any, patronymic) and location (residence) of the parties to arbitration, their postal addresses, telephone numbers, faxes and e-mail addresses;
3. justification of competence in relation to the dispute subject to administration by the MAC;
4. plaintiff's demands;
5. circumstances on which the plaintiff bases his demands;
6. evidence confirming the grounds for the claims;
7. justification of the claims taking into account the applicable legal norms;
8. price of the claim;
9. calculation of the amount of each claim;
10. list of documents and other materials attached to the statement of claim.

The date of filing a statement of claim is the date of its delivery to the MAC Secretariat, after which the responsible secretary of the MAC notifies the defendant of the filing of the statement of claim and sends him a copy of the statement of claim and the documents attached to it after their submission in the required number of copies and payment of the advance arbitration fee in full.

The response to the statement of claim shall indicate:

1. date of response to the statement of claim;
2. name (last name, first name and, if any, patronymic) and location (residence), postal address, telephone number, fax and e-mail address of the defendant;
3. defendant's statement of recognition of or objection to the claims;
4. circumstances on which the defendant bases his objections;
5. evidence confirming the grounds for the defendant's objections;
6. justification of the defendant's position taking into account the applicable rules of law;
7. a list of documents and other materials attached to the response to the statement of claim.

The Maritime Arbitration Commission provides dispute resolution services on a commercial basis, so when filing a claim, the plaintiff must pay a non-refundable registration fee, until which the claim is considered not to have been filed. In this case, for each filed claim, the plaintiff must pay an advance arbitration fee, which does not include the registration fee, and until it is paid in full, the case remains without action

At the same time, when filing an application for interim measures, the party filing such an application must pay an interim fee, until which the application for interim measures is considered not to have been filed.

Unless the parties agree otherwise, hearings are held in the city of Moscow, and if hearings are held elsewhere, any additional costs incurred in connection therewith shall be borne by the parties. The parties may also, at their discretion, agree on the language or languages to be used during the arbitration. At the same time, this arbitral tribunal shall resolve the dispute in accordance with such rules of law as the parties have chosen as applicable to the substance of the dispute, and any reference to the law or legal system of any state shall be construed as directly referring to the substantive law of that state and not to its conflict of laws rules.

The arbitral award shall be binding from the date of its issuance, and the parties and the arbitral tribunal shall make every effort to ensure that the arbitral award is legally enforceable. An arbitral award that is not voluntarily executed within the specified period shall be enforced in accordance with applicable law and international treaties.

Arbitral awards, decisions on termination of arbitration proceedings and other case materials shall be kept in the MAC for 5 years from the date of termination of the proceedings.

Legal services

1. Consulting on the transfer of a dispute with foreign partners to the Maritime Arbitration Commission
2. Sending a statement of claim, a response to a statement of claim, counterclaims to the MAC in accordance with the established procedure
3. Representing the interests of the customer when transferring and considering a case to the MAC at the RF CCI
4. Support for the execution of an arbitration award