Violation of arbitration rules (domestic arbitration)

A court refuses to enforce a domestic arbitral award if a party to arbitration has been deprived its right to nominate an arbitrator since the procedure of appointment under the arbitration rules had been violated (case А56-24342/2015). The framework of the case is a Russian domestic arbitration.

Violation of arbitration rules (domestic arbitration)

Russian proposals on domestic arbitration

On 7 May 2015 the Russian Government proposed a draft new law, the law on domestic arbitration in Russian Federation (the draft law), to the State Duma (the lower house of the Federal Assembly of Russia (legislature)). Domestic Arbitration is defined as an arbitration relating to a dispute arising out of legal relationship whether contractual or not, where none of the parties is:

  • an in individual who is a nationality of, or habitually resident in, any country other than Russia; or
  • a body corporate which is incorporated in, or whose central control and management is exercised in, a state other than Russia, and
  • the seat of the arbitration is in the Russian Federation.

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Russian proposals on domestic arbitration

Russia: The drafts on domestic arbitration are revealed

On the 7th of May 2015 the Government has addressed the draft of law on domestic arbitration to the State Duma (the lower house of the Federal Assembly of Russia (legislative branch)). The full texts of the drafts are available on the links bellow. One is the new law on domestic arbitration (the draft № 788111-6) and the other one is amendments to the laws regarding different aspects connected with arbitration in Russia (the draft № 788159-6). In 2014, the attempt to take a new legislation on arbitration had failed (the drafts had been criticized by the Presidential Administration).

Continue reading “Russia: The drafts on domestic arbitration are revealed”

Russia: The drafts on domestic arbitration are revealed