Legal Support for Referring Disputes to the ICAC at the CCI RF

Pursuant to Article 1, Paragraph 3 of Federal Law No. 5338-1 "On International Commercial Arbitration," disputes arising from civil-law relationships during the execution of foreign trade and other forms of international economic relations may be referred to international commercial arbitration by agreement of the parties. This applies if the place of business of at least one of the parties is located abroad, or if any place where a substantial part of the obligations arising from the relationship is to be performed, or the place with which the subject matter of the dispute is most closely connected, is located abroad. Additionally, disputes arising in connection with foreign investments within the territory of the Russian Federation or Russian investments made abroad may also be referred to such arbitration.

Consequently, if counterparties fail to reach an agreement to submit their disputes to a domestic state commercial (arbitrazh) court or a foreign court, they may integrate an arbitration agreement into the contract, designating the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (ICAC at the CCI RF, or ICAC) as the competent forum in accordance with its applicable rules and regulations. To prevent subsequent jurisdictional friction during active litigation or enforcement actions, contracting parties are strongly advised to incorporate the standard model arbitration clauses provided on the official ICAC website.

International Commercial Arbitration Proceedings: Rules and Tribunal Constitution

The procedural framework governing the adjudication of disputes before the ICAC at the CCI RF is established by the Rules of Arbitration of International Commercial Disputes, approved by Order of the Chamber of Commerce and Industry of the Russian Federation No. 6 dated January 11, 2017.

As a general rule, the arbitral tribunal is constituted of three arbitrators. However, taking into account the aggregate quantum of all timely filed claims (which standardly must not exceed the equivalent of $50,000 USD, excluding claims for interest recovery and the reimbursement of arbitration expenses) along with other relevant circumstances, the Appointment Committee may, at its discretion, determine that the case shall be resolved by a sole arbitrator.

Handling the Filing and Adjudication of Claims Before the ICAC

The resolution of cases and the formal procedure for submitting statements of claim to the ICAC feature several distinct parameters. Key operational aspects include:

1. The arbitral tribunal resolves the dispute in strict accordance with the substantive choice of law designated by the contracting parties;
2. When submitting a statement of claim, the claimant is obligated to remit various mandatory fees, including a non-refundable registration fee, without which the claim is not legally deemed filed;
3. Oral hearings are systematically conducted to enable the parties to articulate their respective legal positions on the basis of presented evidence and to engage in oral pleadings;
4. The standard duration of the arbitration proceedings is capped at 180 days, and the resulting arbitral award becomes fully binding on the date it is rendered;
5. Other procedural technicalities remain comprehensively governed by the specialized Rules of Arbitration of International Commercial Disputes.

Our Legal Representation and Arbitral Advocacy Portfolio

1. Managing the formal preparation of documentation to ensure absolute compliance with mandatory pre-arbitration dispute resolution protocols and demand workflows (where applicable);
2. Drafting and compiling the comprehensive package of legal files required to initiate proceedings before the ICAC, as well as structuring procedural motions, applications, and responses during the active arbitration lifecycle;
3. Providing aggressive trial advocacy and direct legal representation throughout the hearings, paired with the formulation of an optimal evidentiary framework designed to safeguard the client's commercial interests;
4. Delivering secondary legal remedies, enforcement support, and post-award asset recovery counsel.