This Article deals with arbitration in Russia from the perspective of the seat of the arbitration. When is it appropriate to seat an arbitration in Russia? Bear in mind that in Russia «public policy» is viewed through a national prism. Thus, if it is foreseen that the award is to be enforced in Russia, consideration should be given to selecting Russia as the seat of the arbitration, as well as ensuring that the arbitration agreement is in accordance with the Russian International Arbitration Act.
The article provides an analysis of the Russian International Arbitration Act (the «Act») with a special focus on the enforcement of interim measures, Russian Law as the lex arbitri, arbitrability and set aside proceedings. Additionally, the article discusses the legal framework for arbitration in Russia, as well as the substantive law applicable to the merits of the case.
It is important to highlight that the Act is based on the UNCITRAL Model Law on Internacional Comercial Arbitration 1985, and as a result, it is consistent with international arbitration practice such as party autonomy, kompetenz-kompetenz, separability and non review of the merits of the case at the annulment phase. However, the amendments of the UNCITRAL Model Law of 2006 are not addressed by the Act (the Act came into effect in 1993), therefore interim measures granted by an arbitration Tribunal seated in Russia or abroad cannot be contemplated.
This analysis serves to describe the present state of arbitration in Russia.
Iurgium [previously Spain Arbitration Review]