Arbitration in Russia: Hot Topic in a Cold Winter

Abstract

This chapter presents a brief overview of arbitration in the Russian Federation, with a focus on recent trends and certain regulatory features unique to the country. International arbitration in Russia is governed by the Arbitration Act, whereas domestic arbitration is regulated by the Private Arbitral Tribunals Act. There are a number of differences between the two acts, the most important of which are outlined in the chapter. As far as arbitration agreements are concerned, Art. 7 of the Arbitration Act is similar to the UNCITRAL Model Law and provides that an arbitration agreement is an agreement by the parties to submit to arbitration all or certain disputes that have arisen or may arise between them in respect of a defined legal relationship, whether contractual or not. This article touches upon only two recent developments of the arbitrability in Russia: arbitrability of real estate disputes and arbitrability of corporate disputes. Keywords:arbitration agreement; corporate disputes; domestic arbitration; international arbitration; legal framework; real estate disputes; Russia; UNCITRAL Model Law