According to the new Russian arbitration law, after 1 November 2017, only those arbitral institutions that have obtained a governmental authorization and complied with the new strict requirements will be able to administer arbitration. In this regard, one of the crucial tasks for arbitral institutions upon the expiration of the transitional period will be to gain credibility and respect not only from business, but also from state courts.
What should be done in this course? Has the arbitration reform succeeded in increasing quality of administration of arbitration and credibility of arbitral institutions? Which jurisdictions and their experience can be helpful for Russia in dealing with the abovementioned challenges? These questions were analyzed during the first session.
The arbitration reform has also significantly modified the framework for interaction between state courts and arbitration. During the second session, judicial assistance and supervision in arbitration in practice of the Russian and foreign state courts were discussed by the speakers.
Moreover, prominent arbitration practitioners shared their experience and discussed the most relevant practical questions with the participants of the conference during an interactive workshop.
Conference languages: Russian, English
Member of the Presidium and Head of the Nominating Committee for Corporate Disputes, International Commercial Arbitration Court (ICAC)Can Russian disputes, without any foreign element, be submitted to foreign arbitral centers?
Partner, YUST Law FirmCombatting potential abuses from arbitral institutions not authorized by the Russian government to administer arbitration
Legal Counsel, Permanent Court of Arbitration, the HagueAssistance to ad hoc arbitral proceedings in the practice of the Permanent Court of Arbitration (PCA)
Executive Administrator, Arbitration Center at the Institute of Modern ArbitrationMain directions for the development and popularization of arbitration in Russia after the arbitration reform
Judge, Court of the Eurasian Economic UnionArbitral institutions in the Eurasian Economic Union: requirements and standards for arbitrators
Managing Counsel, HKIACOverview of Guide to the HKIAC Arbitration Rules released in 2017
Partner and Head of the dispute resolution practice, Hogan Lovells
Senior Associate, Norton Rose FulbrightWaiver of the right to annul an arbitral award in state court: Russian and foreign perspectives
Partner, King & SpaldingRecognition and enforcement of arbitral award annulled by state court at the seat of arbitration in Russia and abroad
Head of Group, International Arbitration, Cross-Border Litigation, Shareholder Dispute, Goltsblat BLP LLPAssistance of state courts in taking evidence for arbitration in Russia and in comparative perspective
Counsel at Skadden, Arps, Slate, Meagher & Flom LLPSpecial assistance and supervision powers of Hong Kong state courts in arbitral proceedings
Barrister, Brick Court ChambersImplications of Brexit for international arbitration proceedings
Counsel, White & Case LLPAnti-suit injunctions in the practice of foreign state courts
Director of KPMG Law, KPMG in Russia
Partner, Head of International Arbitration and Litigation practice, Egorov Puginsky Afanasiev & PartnersHow to draft an arbitration agreement, considering further annulment and enforcement proceedings in state courts?
Partner, KIAPHow to prepare for the enforcement of an arbitral award and what to take into account during the proceedings in state court?
Managing Partner, Head of Dispute Resolution Practice, LidingsArbitration and enforcement of arbitral award during the bankruptcy of the debtor
Managing partner, Kulkov, Kolotilov & PartnersHow to make use of interim reliefs during the enforcement proceedings?
Director, Dispute Consulting team, GPW, LondonHow to trace the debtor’s assets in several jurisdictions worldwide?
Director of the Risk Management Department, KPMGPractical aspects of asset tracing in foreign jurisdictions. Stories of success and shortfalls
*The Programme may be subject to change.
March 20, 2017
On March 20, “International Arbitration in the Spotlight: from Tokyo to New York” Сonference was held in Moscow.
Representatives of leading Russian and foreign arbitration institutes, together with outstanding experts in the arbitration sphere, practicing in various jurisdictions, have discussed the most urgent tendencies in the international arbitration.
During the first session “Recent Trends in Arbitration. New Arbitration Rules: How Popular Are They and Which Changes Are to Expect?” discussion of new rules of the Vienna International Arbitration Centre (VIAC), the London Court of International Arbitration (LCIA), the Singapore International Arbitration Centre (SIAC), the German Institution of Arbitration (DIS), the Hongkong International Arbitration Centre (HKIAC), the Court of International Chamber of Commerce (ICC), the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation and regulations of the Arbitration Center at ANO “ISA” took place. The speakers analyzed what challenges arbitration institutes have faced while updating provisions of their regulations and have shared experience of choosing between flexible and comprehensive rules, have pointed out ways of optimization of costs and duration of arbitration. Their speeches have made Manfred Heider, Secretary General of Vienna International Arbitral Centre (VIAC), Tatiana Menshenina, Partner at Withersworldwide, James Menz, Deputy Secretary General of German Institution of Arbitration (DIS), Lord Peter Goldsmith QC, Co-Managing Partner, Chair of European and Asian Litigation of Debeviose&Plimpton, Maciej Jamka, Administrative Partner (Warsaw) at K&L Gates, Chair of the International Chamber of Commerce of Poland and Aleksey Kostin, Chairman of International Commercial Arbitration Court (ICAC). The session was moderated by Akira Kawamura, President of the Japan Association of Arbitrators.
A special mini-session was dedicated to investment arbitration. In its framework Brigitte Stern, International Arbitrator, Emeritus Professor at the Pantheon-Sorbonne University – Paris 1, and Nikita Kondrashov, Associate at Luther Rechtsanwaltsgesellschaft mbH, compared international commercial and investment arbitration.
In course of the second session “International commercial arbitration in the modern world. Practical issues. Parties’ and arbitrators’ perspective” the participants discussed arbitrability of corporate disputes in different jurisdictions, the first experience of Russian arbitration institutions in creating arbitration rules for corporate disputes of ICAC to RF CCI and Arbitration Center at the ANO “ISA”, arbitration rules in time and parallel arbitration proceedings and proceedings in state courts. The speakers of the session were Olesya Petrol, Associate professor at Russian School of Private Law, Sophie J. Lamb, Head of International Arbitration Practice at Latham&Watkins LLP, Tatiana Polevschikova, International Case Counsel at Kuala Lumpur Regional Centre for Arbitration (KLRCA), Dirk van Gerven, Partner at NautaDutilh, Gerard Meijer, Partner at NautaDutilh, and Anton Asoskov, Member of the Presidium and Head of the Nominating Committee for Corporate Disputes of International Commercial Arbitration Court (ICAC). The moderator of the second session was Lord (Peter) Goldsmith QC, Co-Managing Partner - Chair of European and Asian Litigation at Debevoise & Plimpton.
Within the framework of the third session “International Arbitration in the Eyes of Russia. Deoffshorization and Recent Arbitration Reform: Which Arbitration Institutions Do Parties Choose Now?” Ruslan Ibragimov, Board Member - Vice-President for Corporate and Legal Affairs of MTS PJSC, Valeriy Sidnev, Legal Affairs Director of JSC "MCC "EuroChem", and Timur Valiev, Deputy Director General for Legal Affairs of En+, answered questions of the moderators Anna Grishchenkova, Partner at KIAP, and Andrey Gorlenko, Executive Administrator of Arbitration Center at the ANO “ISA”, concerning the way business evaluates first results of the arbitration reform, what arbitrators are in demand and what steps will promote the transfer of the disputes involving Russian companies to Russian arbitration institutions. Participants present in the room had the opportunity to answer the questions together with the speakers through the interactive voting.
The Conference was closed with a cocktail reception by the international law firm Latham&Watkins, participants and speakers had time to communicate in an informal way and exchange opinions on the questions raised during the Conference.
October 20, 2016
On October 20, the Conference "Arbitration in the Spotlight. Why Is It Time for Alternative Dispute Resolution?" was held in Moscow.
The conference covered the new legislative framework introduced by the Federal Law “On Arbitration (Arbitration Proceedings) in Russia” in force since September 1, 2016 and the amendments to the Arbitrazh Procedural Code, Civil Procedural Code, Law “On International Commercial Arbitration”.
The conference was opened by the Deputy Minister of Justice of the Russian Federation Mikhail GALPERIN. In his speech Mr GALPERIN stressed the importance of the event which offered the exceptional opportunity to discuss the key issues of the new legislative framework.
The first discussion session “New Arbitration – Major practical issues”, which was moderated by Elena BORISENKO, Board Member and First Vice-President of Gazprombank, highlighted the major practical issues of the new legislation on arbitration among which are drafting of new arbitration clauses, infringement of public order as a ground for annulment of arbitral awards, new in the Arbitrazh Procedural Code and Civil Procedural Code, arbitrability of disputes on government related deals.
Among the speakers of the first session were Andrey GORLENKO, Executive Administrator of the Arbitration Center at the ANO “ISA”, Maria EROKHOVA, Attorney at Law at Delcredere, Sergey KOSORUKOV, Partner at Attorneys at law “Reznik, Gagarin & Partners”, Roman ZAITSEV, Partner at Dentons, Ilya RACHKOV, Partner at King & Spalding.
The second session “New Conditions for Arbitration of Complex Business Disputes. Current Trends in Arbitration” was moderated by Ruslan IBRAGIMOV, Board Member and Vice-President for corporate and legal affairs at PJSC MTS. The speakers’ presentations were devoted to arbitrating shareholders’ disputes in Russia and abroad, new perspectives of derivative actions in arbitration, the issue of multi-party and multi-claim arbitration, bifurcation in the context of arbitration. Speakers also discussed new legislative framework for international commercial arbitration in Russia, enforcement of the foreign arbitral awards and new trends in international arbitration.
Among the speakers of the second session were Andrey PANOV, Senior Associate at Norton Rose Fulbright, Dmitry STEPANOV, Partner at Egorov Puginsky Afanasiev & Partners, Anton ASOSKOV, Professor of the Department of Civil Law at the Faculty of Law of the Lomonosov Moscow State University, Roman BEVZENKO, Partner at Pepelyaev Group, Tatiana MENSHENINA, Partner at Withers LLP, Johan GERNANDT, Former Chairman of the Arbitration Institute of the Stockholm Chamber of Commerce (2006-2012).
The programme of the Conference was ended by the presentation of the ANO “ISA” Arbitration Center.
Video of the conference is available via the link.
November 18, 2016
Business Breakfast “New Arbitration: Major Practical Issues and Current Global Trends”, which was held in Moscow on November 18, became a part of LF Arbitration Conferences series.
Business Breakfast Speakers:
Andrey GORLENKO — Executive Administrator, Arbitration Center at the ANO “ISA”
Anna GRISHCHENKOVA — Partner, KIAP
Tatiana MENSHENINA — Partner, Withers LLP
Ilya RACHKOV — Partner, King & Spalding
Roman ZAITSEV — Partner, Dentons