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Russia Tries on New Arbitration System

The Laws reforming the arbitration system in Russia will come into force on September 1, 2016 .  We bring to your attention an overview of the most important amendments in arbitration in Russia:

1. Institutional arbitration will be primary institute in commercial dispute resolution.

  • Institutional arbitration will have to be affiliated with non-profit organizations;
  • The Institutional arbitration will have to obtain license (authorization) for adjudication of dispute on the basis of the Government Act;
  • Authorization procedure also applies to foreign arbitration functioning in Russia;
  • The International Commercial Arbitration Court and the Maritime Arbitration Commission are entitled to handle cases without special authorization;
  • Existing Institutional arbitrations have to obtain authorization within 1 year from the date of adoption of authorization procedure by the Russian Government;
  • Arbitration which will not receive such authorization may transfer disputes to the legal successors under certain conditions;
  • Arbitration agreements concluded before September 1, 2016, remain valid and cannot be found invalid or unenforceable.