International Commercial Arbitration

Legal representation and conducting cases in international commercial arbitrations

legal support under the law of the eurasian economic union

Foreign economic activity is associated with the emergence of controversial situations related to the fulfillment by the parties of their obligations under a foreign economic contract. In case of failure to resolve claims between the parties, the resulting dispute is referred to the judicial authorities.

According to the UNCITRAL Model Law on International Commercial Arbitration (adopted by UNCITRAL on June 21, 1985), arbitration is international if:

  1. the commercial enterprises of the parties to the arbitration agreement are located in different states at the time of its conclusion;
  2. one of the following places is located outside the state in which the parties have their places of business:

– the place of arbitration, if it is determined in the arbitration agreement or in accordance with it;

– any place where a significant part of the obligations arising from trade relations is to be performed, or the place with which the subject of the dispute is most closely connected;

  1. the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country.

For international commercial arbitration, if the place of arbitration is located on the territory of the Russian Federation, the Federal Law of December 29, 2015 N 382-FZ “On Arbitration (Arbitration Proceedings) in the Russian Federation” (hereinafter referred to as the “Law on Arbitration (Arbitration Proceedings)”) and Law of the Russian Federation dated 07.07.1993 No. 5338-1 “On International Commercial Arbitration” (hereinafter referred to as the “Law on International Commercial Arbitration”), according to which an arbitration agreement is an agreement of the parties to submit to arbitration all or certain disputes that have arisen or may arise between them in connection with any specific legal relationship or part thereof, regardless of whether such legal relationship was of a contractual nature or not. An arbitration agreement can be concluded in the form of an arbitration clause in a contract or in the form of a separate agreement, and it is concluded in writing.

In accordance with paragraph 3 of Article 1 of the Law on International Commercial Arbitration, disputes between the parties arising from civil legal relations may be referred to international commercial arbitration by agreement of the parties when carrying out foreign trade and other types of international economic relations, if the commercial enterprise of at least one party is located outside border or if any place where a significant part of the obligations arising from the relations of the parties must be fulfilled, or the place with which the subject of the dispute is most closely connected, is located abroad, as well as disputes arising in connection with the implementation of foreign investments on the territory of the Russian Federation or Russian investments abroad.

Article 20 of the Law on International Commercial Arbitration stipulates that the parties may, at their discretion, agree on the place of arbitration or the procedure for determining it (including by reference to the arbitration rules). In the absence of such an agreement, the place of arbitration shall be determined by the arbitral tribunal, taking into account the circumstances of the case, including the factor of convenience for the parties. The parties may, at their discretion, agree on the language or languages to be used during the arbitration proceedings. In the absence of such an agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings.

Arbitration proceedings begin with the filing of a statement of claim. When filing a statement of claim, the plaintiff must state the circumstances supporting his claims, the issues in dispute and the relief sought, and the defendant must state his objections to these points, unless the parties have agreed otherwise as to the required content of such statements.

In accordance with the Rules of Arbitration of International Commercial Disputes (Appendix 2 to the Order of the Chamber of Commerce and Industry of the Russian Federation dated January 11, 2017 No. 6) (hereinafter referred to as the “Rules of Arbitration of International Commercial Disputes”) the statement of claim shall indicate:

  1. date of the statement of claim;
  2. name (last name, first name and, if available, patronymic) and location (residence) of the parties to the arbitration, their postal addresses, telephone numbers, fax numbers and e-mail addresses;
  3. justification of the competence of the arbitration court, indicating the type of arbitration administered by the ICAC;
  4. the plaintiff’s claims;
  5. the circumstances on which the plaintiff bases his claims;
  6. evidence confirming the grounds of claim;
  7. substantiation of claims taking into account applicable law;
  8. cost of claim;
  9. calculation of the amount of each claim;
  10. list of documents and other materials attached to the statement of claim.

During the conduct of arbitration proceedings in accordance with Article 24 of the Law on International Commercial Arbitration, the following may be carried out:

  1. Oral hearings. To present the parties' positions on the basis of the evidence presented and to conduct oral arguments, an oral hearing of the case is held. The oral hearing is held in closed session. With the permission of the arbitration tribunal and with the consent of the parties, persons not participating in the arbitration proceedings may be present at the oral hearing.
  2. Proceedings based on documents. The parties may agree to proceed with the case on the basis of written materials only, without an oral hearing. The arbitral tribunal has the right to conduct a hearing of the case on the basis of written materials even in the absence of such an agreement between the parties, unless without undue delay none of them requests an oral hearing.

At the same time, taking into account the provisions of paragraph 33 of the Rules of Arbitration of International Commercial Disputes, unless the parties agree otherwise, if the total amount of all claims of any parties submitted within the established period (excluding claims for interest and reimbursement of arbitration costs) does not exceed the equivalent of 50 thousand US dollars, the proceedings are carried out as expedited arbitration proceedings. The case will usually be decided by a sole arbitrator. The exchange of written statements by the parties on the merits of the dispute is limited to filing a statement of claim and a response to the statement of claim, and in appropriate cases - a counterclaim and objections to the counterclaim, if, taking into account the circumstances of the case, the arbitration tribunal, or, before its formation, the Executive Secretary of the ICAC does not considers it appropriate to give the parties the opportunity to submit additional written statements. The hearing of the case is carried out on the basis of written materials only without an oral hearing, unless, without undue delay, either party requests it or the arbitral tribunal considers it appropriate to hold it, taking into account the circumstances of the case. If an oral hearing is held, there will generally be no subsequent oral hearings.

For all cases considered by the ICAC, a trial period has been established. Paragraph 35 of the Rules of Arbitration of International Commercial Disputes establishes that the relevant bodies and authorized persons of the ICAC and the arbitration court considering the dispute take measures to ensure that the proceedings of the case are completed within no more than 180 days from the date of formation of the arbitration tribunal, unless another period is specified. The Presidium may, if necessary, at the request of the arbitration tribunal or on its own initiative, extend the period for the consideration of the case.

The issuance of an arbitration award is regulated by paragraph 36 of the Rules of Arbitration of International Commercial Disputes on the merits of the dispute and is the exclusive power of the arbitral tribunal in a specific case. Once the arbitration tribunal considers that all the circumstances of the case have been sufficiently clarified, it proceeds to make an arbitration award.

The arbitration award shall be made in writing. Unless the parties agree otherwise, the arbitration award shall be made by a majority of the arbitrators. If the arbitration award cannot be made by a majority of the arbitrators, it is made by the chairman of the arbitration tribunal. An arbitrator who does not agree with the arbitration award may express his dissenting opinion in writing, which is attached to the arbitration award.

The issuance of an arbitral award terminates the arbitration proceedings in whole or in the relevant part.

In accordance with paragraph 37 of the Rules of Arbitration of International Commercial Disputes, the arbitration award shall indicate the following:

  1. case number;
  2. date of the arbitration award;
  3. place of arbitration;
  4. composition of the arbitration tribunal and the procedure for its formation;
  5. name (last name, first name and, if available, patronymic) and location (residence) of the parties to the arbitration;
  6. brief description of the progress of the arbitration proceedings;
  7. claims and objections of the parties;
  8. justification of the competence of the arbitration tribunal;
  9. circumstances of the case established by the arbitration tribunal, the evidence on which the arbitration tribunal's conclusions about these circumstances are based, the legal norms that guided the arbitration tribunal when making its decision;
  10. reasons on which the decision is based, taking into account the rules of applicable law;
  11. conclusions of the arbitration court on the satisfaction or refusal of the claims;
  12. amount of arbitration costs in the case and their distribution between the parties;
  13. signatures of the arbitrators.

The date of the arbitration award is determined taking into account the date of the last signature of the arbitrator who is part of the arbitration tribunal.

The arbitration award is binding from the date it is made. The parties and the arbitral tribunal shall make every effort to ensure that the arbitration award is legally enforceable. The arbitration award is subject to execution by the parties voluntarily within the time period established therein. If a different deadline for execution is not established in the arbitration award, it is subject to immediate execution.

An arbitration award that is not executed voluntarily within the specified period is enforced in accordance with applicable law and international treaties.

To participate in international commercial arbitration, you need to know the procedure for conducting such court cases, the rules for filing documents, responding to a statement of claim, filing a counterclaim, etc. Having experience and professional knowledge allows us to represent the interests of clients in the ICAC in compliance with all established rules.

Legal services

  1. Consultations on the consideration of cases in international commercial arbitration
  2. Preparation of documents and their submission to international commercial arbitration
  3. Legal representation in cases considered by international commercial arbitration

How do we work?

01.
You send us a request to
e-mail info@brace-lf.com 
or call on +7 (499) 755-56-50
02.
Preliminary analysis and
initial consultation
03.
Conclusion of legal services agreement
04.
Project work
05.
On each stage we inform you about results
06.
We provide the result and prepared documents
E-mail
info@brace-lf.com

Send us a request with a detailed description of the issue.

Our phone
+ 7 (499) 755-56-50

Contact us by phone.

Clients and partners