Legal Representation for Disputes Before the Russian Arbitration Center (RAC)

The Russian Arbitration Center (hereinafter referred to as the “RAC”) at the Russian Institute of Modern Arbitration (hereinafter referred to as “RIMA”) is a permanently functioning arbitral institution authorized to administer domestic disputes lacking a foreign element, as well as international commercial arbitrations.

Disputes falling within the scope of international commercial arbitration include those arising out of relationships where:

1. At least one party has its place of business outside the Russian Federation;
2. A substantial part of the obligations arising from the commercial relationship is to be performed abroad; or
3. The place with which the subject matter of the dispute is most closely connected is located abroad, including disputes arising in connection with foreign investments within Russia or Russian investments overseas.

Drafting Arbitration Agreements and Operating Under RAC Rules

To refer future commercial conflicts to resolution under this institutional framework, transacting parties must incorporate a recommended model arbitration clause into their contract.

Upon execution of an arbitration agreement by the parties, the RAC Arbitration Rules become an integral part thereof. Litigants retain the autonomy to modify specific provisions of the Arbitration Rules or agree upon alternative procedural conditions, provided such modifications are not contractually prohibited by the Rules and do not conflict with the core essence of the proceedings.

Crucially, the RAC acts strictly as an administrative body for dispute resolution; it does not directly adjudicate the merits of a case. Dispute resolution functions are executed exclusively by the arbitral tribunal, composed of either a sole arbitrator or a multi-member panel. The tribunal's authority to hear the case arises at the moment of its formal constitution, which is deemed complete when the RAC transmits an official notification of constitution to the participating parties and the designated arbitrators.

Case Preparation and Procedural Management Before the RAC

To commence institutional proceedings before the RAC, the Claimant must submit a formal Notice of Arbitration. This initial pleading must include or be accompanied by:

1. The legal names, corporate details, and full contact parameters of the participating parties;
2. A concise summary of the claims asserted, alongside an itemized statement of the total value in dispute (or a formal request for the RAC to determine the valuation of non-monetary relief);
3. A clear jurisdictional statement demonstrating the competence of the RAC;
4. Valid instruments verifying the authority of the individual executing the notification;
5. Proof of payment demonstrating full settlement of the mandatory registration fee; and
6. Evidence confirming service of the Notice of Arbitration and all attached exhibits upon the Respondent (such as postal receipts and content inventories).

No later than 20 days following receipt of the Notice of Arbitration, the Respondent is entitled to submit a formal responsive pleading, which must contain or be accompanied by:

1. The full legal name, corporate identifier, and operational contact details of the Respondent;
2. An explicit admission or denial of the assertions, a summary outlining any initial jurisdictional defenses, and the primary factual circumstances supporting the response;
3. A preliminary summary of any potential counterclaims or set-off assertions, establishing the RAC's competence over them and defining their total monetary value; and
4. Copies of all documents certifying the representative's capacity to execute the submission.

Strategic Planning: Seat of Arbitration and Governing Law in the RAC

Litigants retain broad discretion to designate the physical seat of arbitration or the mechanism for its determination; absent such an agreement, the seat is established directly by the arbitral tribunal. Concurrently, the physical venue for oral hearings may differ from the formal seat, and parties may mutually select any location for this purpose. The tribunal will issue a formal order to convene oral hearings if:

1. The parties have contractually mandated oral hearings; or
2. At least one participating party formally requests an oral hearing.

Following the formal constitution of the tribunal, the parties must coordinate the chosen venue with the arbitrators. Furthermore, proceedings may be conducted via oral hearings—including the utilize of advanced video-conferencing systems (VCS)—or handled strictly on a documents-only basis submitted by the litigants.

In domestic arbitrations, the tribunal decides the dispute in strict accordance with Russian substantive law. If permissible under Russian law, parties may contractually elect a foreign legal system to govern their contractual relations. In the absence of an express choice of law, the tribunal applies the substantive rules determined via the conflict-of-laws principles it deems contextually appropriate.

Under international commercial arbitration tracks, the tribunal resolves the merits based on the rules of law contractually selected by the parties. Absent any directive, the tribunal applies the law identified through the conflict-of-laws rules it determines applicable. Crucially, any reference to the law or legal system of a specific state is construed as a direct reference to its substantive rules, explicitly excluding its choice-of-law or renvoi provisions.

Securing Interim Measures and Enforcement of RAC Arbitral Awards

Unless otherwise agreed by the litigants, the tribunal may, upon a timely motion by any party, issue an order granting interim or provisional measures deemed necessary. Such measures are typically directed toward:

1. Maintaining or restoring the financial status quo of a party pending final adjudication;
2. Preventing actions capable of causing material harm to the arbitral process or to a participating litigant;
3. Preserving core assets out of which a subsequent final award may be satisfied; or
4. Safeguarding critical evidentiary materials.

The final award must be rendered in writing and executed via the signatures of the sole arbitrator or the members of the panel. The document must articulate the substantive legal reasoning upon which it is based, alongside the precise execution date and the formal seat of arbitration.

Regardless of the specific procedural track—whether domestic commercial disputes or international investment cases—all arbitrations before the RAC are administered in strict compliance with the core principles of arbitrator independence, absolute impartiality, party autonomy, adversarial presentation, and the equal treatment of all litigants.

Legal Representation Before the Russian Arbitration Center

1. Counseling corporate clients on initiating proceedings before the Russian Arbitration Center;
2. Drafting tailored arbitration clauses for seamless integration into commercial contracts;
3. Structuring procedural documentation, Notices of Arbitration, and responsive pleadings for submission to the RAC; and
4. Providing assertive oral advocacy and legal representation during dispute resolution hearings.