5.11. Arbitration in Russia: Forum In Favorem Arbitri

Wednesday, May 19
10:45 - 11:45

Channel 3
BROADCAST
Live Stream

Track: 5. Dispute Resolution. Litigation and Arbitration Practice. Criminal Law
Discussion session

It has been almost five years since the introduction of the new legislation on arbitration (arbitral proceedings) in Russia: the reasonable period to take stock of the results and outline the new directions for the next five years.

During this time, Russian arbitral institutions have significantly improved their arbitration rules, as well as developed the practices of administering arbitration. This made it possible to successfully face the challenges posed by the COVID-19 pandemic. In recent years, arbitration has been actively popularized within the legal community Being a modern and efficient method of dispute resolution it has attracted more and more attention among Russian users.

The Russian state courts that reacted positively on the increase of the quality of arbitral awards also played a significant role in the evolvement of arbitration. In 2018-2019 Russian state courts have issued a number of key clarifications regarding domestic and international arbitration, including the Ruling of the Plenary Session of the Supreme Court of the Russian Federation dated December 10, 2019 No. 53. According to Supreme Court’s statistics, nowadays, the rate of enforceability of arbitral awards reaches 85-90 percent.

Is Russia an 'arbitration-friendly' jurisdiction? In the course of the session we will discuss steps that have already been taken to develop Russia as a pro-arbitration jurisdiction, the role of courts and arbitral institutions in this process, and further perspectives.

Among the participants of the discussion are representatives of Russian arbitral institutions, state authorities and the judiciary.

Moderator

Andrey Gorlenko

Partner, Ivanyan & Partners

Biography

Partner at Ivanyan & Partners law firm. Andrey is a leading expert in the field of arbitration in Russia, with vast experience in international disputes. For 10+ years in private practice, Andrey has specialised in complex commercial and corporate disputes in Russia and abroad – representing clients in domestic litigation and arbitration and international arbitration – and also advised in connection with disputes in foreign jurisdictions.

Since 2016, he has headed the Russian Arbitration Centre (RAC) at the Russian Institute of Modern Arbitration. Andrey is also actively involved in lawmaking. From 2013 to 2015, he was a member of the working group on the development of new Russian legislation on arbitration. He is a member of the Moscow Bar Association, Chartered Institute of Arbitrators (MCIArb), IBA, Inter-Pacific Bar Association (IPBA).

Speakers

Alice Fremuth-Wolf

Secretary General, Vienna International Arbitral Centre (VIAC)

Biography

Alice Fremuth-Wolf is Secretary General of VIAC as of January 2018; before she has been VIAC’s Deputy since 2012. Having studied law at Vienna University (Mag. iur. 1995, Dr. iur. 2002), Utrecht University (1994) and the London School of Economics and Political Science (LL.M. 1998), she served as assistant professor at the Department of Civil Procedure Law at the Law Faculty of Vienna University. Before opening her own practice in 2004, she worked with major Austrian law firms and acted as party representative and arbitrator in international commercial arbitration cases. Alice Fremuth-Wolf has authored articles and books on arbitration and also serves as a lecturer for arbitration at the Law Faculty of Vienna University, where she was coach of the Vienna team for the Willem C. Vis International Commercial Arbitration Moot from 2004-2009. She is also a qualified mediator and is a co-organizer of the CDRC IBA-VIAC-Elsa Consensual Dispute Resolution Competition in Vienna.

Sarah Grimmer

Secretary General, Hong Kong International Arbitration Centre (HKIAC)

Biography

Secretary-General of Hong Kong International Arbitration Centre (HKIAC). She was formerly Senior Legal Counsel at the Permanent Court of Arbitration (PCA) where she acted as registrar in several inter-State arbitrations under the Law of the Sea Convention and served as tribunal secretary in multiple investment treaty arbitrations and contract-based claims.

Prior to joining the PCA, Sarah served as Assistant Counsel at the ICC International Court of Arbitration in Paris. She was also a member of the international arbitration group at Shearman & Sterling LLP in Paris, prior to which she worked in private practice in Auckland. In 2015, Sarah was appointed to the Special Tribunal for Lebanon Disciplinary Board. She is a member of the ICCA-ASIL Task Force on Damages (2016), ICCA Publications Committee (2015), the IBA Investment Arbitration Subcommittee (2014), New Zealand ICC Arbitration Committee (2014), and the IBA Arb40 Steering Committee (2013).

Alexey Kostin

President of the ICAC and MAC at the CCI of Russian Federation

Biography

Chairman of the International Commercial Arbitration Court (ICAC) and the Presidium of the Maritime Arbitration Commission (MAC) at the Chamber of Commerce and Industry of the Russian Federation. Ph.D. in Law, Professor. Alexey is a member of the Civil law codification Council at the President of the Russian Federation, Scientific Advisory Councils at the Supreme Court and the Ministry of Justice of the Russian Federation, Chartered Institute of Arbitrators, Councilor to the International Federation of Commercial Arbitration Institutions (IFCAI).

Inga Melikyan

Deputy Director of the Department for Legal Advice and Cooperation with the Judicial System at the Ministry of Justice of the Russian Federation, Member of the Council for the Improvement of Arbitration Proceedings

Yulia Mullina

Executive Administrator, Russian Arbitration Center (RAC) at the Russian Institute of Modern Arbitration

Biography

Yulia Mullina has worked in the Russian Arbitration Center at the Russian Institute of Modern Arbitration (RAC) (Moscow) since the very beginning of the project in 2016. Serving as a legal counsel, Yulia has worked on the creation of Arbitration Rules of the RAC and was involved in arbitral proceedings administered by the RAC as an assistant to arbitral tribunals. Since December 2019, Yulia has been the Executive Administrator of the RAC. In her current capacity, Yulia supervises the administering of arbitrations under the Arbitration Rules of the RAC, as well as being actively involved in promoting arbitration domestically and internationally.

Alexander Zamaziy

Managing Director – Chief of Staff and Deputy Chairman of the Arbitration Center at the Russian Union of Industrialists and Entrepreneurs

Biography

Managing Director – Chief of Staff of the Arbitration Centre at the Russian Union of Industrialists and Entrepreneurs (RSPP). He started his practical activity in 2003 and has been specializing in the field of arbitration, energy law and private international law. He is included in the recommended lists of arbitrators of the Arbitration Centre at the RSPP, the Harbin Arbitration Commission (China) and the Arbitration Center at the National Chamber of Entrepreneurs of the Republic Kazakhstan «Atameken». He acted as the sole arbitrator or as the arbitration panel member when resolving over 200 commercial disputes, including arbitral proceedings according to the rules of international commercial arbitration. Over the period of 2013-2015 he was a member of the working groups of the Russian Ministry of Justice, the Ministry of the Economic Development and State Duma of the Russian Federation, formed for preparation of the federal law project «On Arbitration (arbitration proceedings) in the Russian Federation». Alexander has been lecturing at the Kutafin Moscow State Law University (MSAL). Alexander is a member of the Chartered Institute of Arbitrators (MCIArb), the ICC Russia Commission on International Arbitration, the Arbitration Association (RAA) and the Association of Lawyers of the Russian Federation.


* The Programme may be subject to change