International Commercial Arbitration Court Research Articles

Решение международного коммерческого арбитража и основания для его отмены: сравнительно-правовой анализ регулирования в России и Сингапуре

The purpose of the article is to conduct a comparative analysis of the processes for issuing, amending and supplementing awards by institutional international commercial arbitrations in the Russian Federation and Singapore, as well as reviewing the legal regulation of the setting aside the arbitral awards and current trends in judicial practice in this area in these states. The mechanism of returning an arbitral award by state courts for consideration within the framework of arbitration is analyzed in the article. This paper examines the provisions of the national legislation of the Russian Federation and Singapore governing the issues of international commercial arbitration, as well as the regulations of institutional arbitration organizations represented by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation and Singapore International Arbitration Center; analyzes the unified norms of international law, as well as the practice of state courts and international commercial arbitration centers of the Russian Federation and Singapore. The process of an arbitral award issuing in the institutional international arbitrations of the Russian Federation and Singapore has a number of features that may indirectly affect the outcome of the dispute. The legislation of Singapore also contains additional (compared to generally accepted) grounds for the setting aside an arbitral award — fraudulent or corrupt motives; violation of the fundamental principle of natural justice, while specific approaches to the essence of these grounds were developed by judicial practice. Of particular interest is the developed pro-arbitration active position of the state court of Singapore regarding the possibility of returning an arbitration dispute from the state court to arbitration, as well as the criteria for such return.

WHOSE CHOICE OF LAW IN ARBITRATION: APPROACHES OF CIS ON APPLICABLE LAW

This article seeks to address choice of law approaches (voie directe and voie indirecte) which arises in international commercial arbitration in member states of Commonwealth of Independent States (hereinafter CIS). This paper uses a multistep desktop research methodology to scrutinize the matters of choice of law issues. In CIS countries both ─ voie directe and voie indirecte ─ methods used to define the applicable substantive law of a commercial dispute. The former method includes to give the authority to a tribunal to ascertain the governing law of the substantial part of a dispute while the latter method uses the conflicts of law rules application. This research paper explores the practical use of the two mentioned approaches in CIS countries and examines the establishment of the international commercial arbitration court in Uzbekistan as it is newly initiated institution.

Regarding the possibility of postponing or deferring the execution of the decision of the international commercial arbitration court: legal regulation and case law

The article deals with problematic issues related to the postponement or postponement of the execution of the decision of the International Commercial Arbitration Court. The analysis of the norms contained in Chapter 3 "Recognition and granting permission to enforce the decision of international commercial arbitration" of Chapter 9 of the CPC of Ukraine shows that the legislator imperatively regulates the powers of the court when considering applications for recognition and granting permission to enforce international commercial arbitration. However, in this chapter there is no rule that would allow the court to decide on the postponement or installment of the execution of the decision of international commercial arbitration in the case of granting permission to execute it. However, Article 435 of the CPC of Ukraine, which is placed in Section 6 of the CPC of Ukraine "Procedural issues related to the execution of court decisions in civil cases and decisions of other bodies (officials)", the rules of which are applied at the stage of execution of court decisions in civil cases and decisions of other bodies (officials), establishes the possibility of deciding on the postponement or installment of execution, but the powers in this regard are vested only in the court that considered the case as a court of first instance. The norm identical in content is enshrined in Article 33 of the Law of Ukraine "On Enforcement Proceedings". In this regard, in practice, the question arises: can the court that considered the application for recognition and permission to enforce the decision of international commercial arbitration, be considered a court that considered the case as a court of first instance, and, accordingly, decide on adjournment or deferral of execution of the decision of the international commercial arbitration court? Keywords: postponement of execution of the decision, international commercial arbitration, court practice.

BASIC TERMS OF DELIVERY AS A DECISIVE FACTOR AFFECTING THE VALIDITY OF A FOREIGN TRADE CONTRACT AND THE CORRECTNESS OF THE CALCULATION OF THE CUSTOMS VALUE OF GOODS

The article deals with some aspects of the legal regulation of relations between the counterparties of a foreign trade transaction. Based on the results of the analysis of the practice of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, conclusions are drawn on the application of the provisions of the UN Convention on Contracts for the International Sale of Goods of 1980 in resolving disputes between the parties to a foreign trade contract. The features of using the delivery bases under INCOTERMS 2020 in order to form the transport conditions of a foreign trade contract are revealed, and also, using the example of several delivery bases, it is indicated what transport costs should be charged to the contract value of goods in order to form the correct customs value. Based on the consideration of some court decisions, the role and significance of the delivery basis were determined both for resolving disputes between counterparties in case of accidental damage or loss of cargo during transportation, and for correctly determining the amount of the customs value of goods. A specific example is used to calculate the amounts of transport costs, insurance and customs value for each product when they are delivered together, when the total transport costs and insurance are initially determined for them.

النظام القانوني للمجتمع الخاص الدولي (دراسة تحليلية - مقارنة)

إن كل مجتمع قانوني له مجموعة من المقومات لا تقوم له قائمة بدونها، ولعل اهم هذه المقومات وجود سلطة تشريعية واخرى قضائية اضافة الى وجود طائفة من الافراد مخاطبون بقواعد السلطة التشريعية تلك وملزمون بالمثول امام السلطة القضائية تلك لحل منازعاتهم. وعلى هذا الاساس، فان كل مجتمع وطني في دولة من الدول له نظام قانوني خاص به، كما ان المجتمع الدولي المكون من الدول والهيئات والمنظات الدولية ايضا له نظام قانوني خاص به. اما المجتع الثالث فهو مجتمع الافراد المتعاملين على المستوى الدولي، حيث ان علاقاتهم تتصل باكثر من نظام قانوني وطني وهو ما يثير تنازع القوانين، وعادة يتم حل مشكلة تنازع القوانين عبر قواعد إسناد وطنية لا تراعي عادة مصالح الافراد وتوقعاتهم المشروعة في علاقاتهم الخاصة الدولية بقدر ما تراعي المصلحة العامة للدولة التي اصدرت قواعد الاسناد، وهو الأمر الذي دفع بالأفراد المتعاملين على المستوى الدولي إلى التأسيس مجتمع خاص دولي مستقلاً عن بقية المجتمعات القانونية له من المصالح العامة التي يحرص على تحقيقها كما في بقية المجتمعات وبتشجيع ومساعدة العديد من الهيئات والمنظمات المهنية. ولهذا المجتمع الثالث في الوقت الحاضر الحد الأدنى من المقومات التي يتطلبها كل مجتمع قانوني منظم، والتي تتمثل في قواعد قوانينة خاصة بافراد هذا المجتمع اضافة الى وجود قضاء التحكيم التجاري الدولي والذي يمكن عده سلطة قضائية لمجتمع الافراد المتعاملين على المستوى الدولي.

О ТОЛКОВАНИИ ТЕРМИНОВ «ПРАВО» И «ЗАКОНОДАТЕЛЬСТВО» В КОНТЕКСТЕ АВТОНОМИИ ВОЛИ СТОРОН ЧАСТНОПРАВОВОГО ОТНОШЕНИЯ МЕЖДУНАРОДНОГО ХАРАКТЕРА

As a general rule, an express written agreement on applicable law is the most successful in the event of a dispute. However, the wording of the agreement, particularly when terms such as «law» and «legislation» are used, can cause significant difficulties in the law enforcement process. The practice of Russian courts and the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation has established the position that the parties' choice of «Russian Federation law» means, first and foremost, their choice of international treaties of the Russian Federation which are an integral part of its legal system and, as far as they are concerned, of Russian regulations. Difficulties in the practice of the International Commercial Arbitration Court are caused by the interpretation of the phrase «Russian Federation law» used in applicable law agreements. In some decisions it is understood as covering only Russian regulatory acts, in others it is understood as implying also international agreements of the Russian Federation. This problem is most acute in the application of the Convention on Contracts for the International Sale of Goods, as the Convention allows the parties to exclude its application. This problem is compounded by the fact that the legislator himself uses various terms in formulating conflict of laws rules. For example, as part of the conflict of laws regulation of contractual legal relations with a foreign element, the Agreement of the countries of the Union of Independent States on the procedure for settling disputes related to business activities uses the term «legislation» and the Civil Code of the Russian Federation uses the term «law». In this regard, we support Oleg Malkin's position on the expediency of using the term «law» both in national conflict of laws rules and in international treaties concluded by the Russian Federation. We believe that if the parties choose the «legislation of the Russian Federation», the ap-plication of international treaties of the Russian Federation will only be justified if the parties themselves confirm that they did not intend to exclude their validity. In the absence of a common position of the parties on this issue, the court and the arbitral tribunal will be forced to interpret the said phrase in the light of its literal meaning and in the light of Art. 3 and 7 of the Civil Code of the Russian Federation as covering only domestic legal acts and excluding (if such exclusion is permissible) international agreements. While acknowledging that in a number of cases the parties to applicable law agreements do not see any difference between the terms «law» and «legislation», we will point out the following. In the absence of an agreed position on the contrary, an express agreement must be interpreted only in accordance with its literal meaning, and a party that does not understand such meaning will suffer the adverse consequences of its misunderstanding. In this regard, the parties to international private law relations should once again be reminded of the recommendation to formulate the texts of applicable law agreements as precisely and unambiguously as possible.

Вибір іноземного права Міжнародним комерційним арбітражним судом при торгово-промисловій палаті України

Вибір іноземного права Міжнародним комерційним арбітражним судом при торгово-промисловій палаті України

Interpretation and Application of European Union Law by the Court of International Commercial Arbitration Attached to the Chamber of Commerce and Industry of Romania

The interpretation and application of the European Union law, including the case-law of the Court of Justice of the European Union, by the arbitral tribunals is a subject which is little approached. This is due on the one hand as a result of the confidentiality of the arbitration awards and on the other hand to the specificity of the legal order of the European Union and of the International commercial arbitration. This article aims to illustrate the interpretation and application of the European Union law by the International Commercial Arbitration Court attached to the Romanian Chamber of Commerce and Industry as it emerges from the recent arbitration awards.

Commercial Arbitration in Public Procurement. Experiences of the International Commercial Arbitration Court Attached to the Chamber of Commerce and Industry of Romania

Commercial arbitration regarding disputes in which one of the parties is the state or a public entity has been for a long time the subject of debate. Solving the public procurement contracts through commercial arbitration is a matter of great interest, taking into account the fact that the contracts were concluded in accordance with a procedure prescribed by law. The regulation of public procurement as well as the way to settle disputes follow the transposition of European Union directives in national law. In Romania, public procurement arbitration has had a sinuous legislative path. The article analyses both the new Arbitration Law on Procurement, which entered into force in 2016, as well as the relevant cases of the International Commercial Arbitration Court attached to the Chamber of Commerce and Industry of Romania.

Международный Коммерческий Арбитражный Суд при Торгово-Промышленной Палате Российской Федерации: Вчера и Сегодня

International Commercial Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation (hereinafter referred to as ICAC of the RF CCI) is known and authoritative both in and beyond the Russian Federation. What is the background of ICAC’s popularity and what is its essence due to which ICAC is different from other dispute revolutions bodies? This article contains answers to these questions.

Международное частное право в глобальном мире

The article contains the review of the International scientific-practical conference “Private International Law in Global World” devoted to the 90th anniversary of the birth of O. N. Sadikov, classic of the Russian civil law, Doctor of Law, Professor, honoured worker of science of the Russian Federation, which took place on November, 18, 2015 in the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The members of the working group on amendments to Chapter 3 of the Civil Code of Russian Federation, top scientists, representatives of the academic community and leading higher educational establishments, legal practitioners, arbiters of International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, academics from the former Soviet Union and elsewhere took part in the conference. A wide scope of common and special questions was discussed during the conference: exploration of the development trends in the private international law such as unification and self-governing; the results of the renewal of Section VI “Private International Law” of Chapter 3 of the Civil Code of the Russian Federation as well as the amendments to foreign legislative acts on private international law; the problems of legal regulation of several institutes of private international law, concerning, for example, the status of legal entities, proprietary relations, competitive relations under the conditions of globalization of the world economic cooperation, conflict-of-law rules according to pre-contractual relations, ruling of international jurisdiction in international property matters, etc.; settlement of the problem of foreign state’s immunity.

Определение применимого права к внешнеэкономическим сделкам по принципу наиболее тесной связи

The present article focuses on questions of qualification of applicable law to foreign trade transactions on the basis of the principle of most significant connection if the applicable law has not been chosen by the parts. The meaning of the principle of most significant connection is made study of in national law, the meaning of the term “characteristic performance for the contract meaning” is defined by analyzing of different legal sources. Herewith attention is paid to the problems connected with the using of article 1211 of the Civil Code of the Russian Federation and precedents of the International Commercial Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation are analyzed.

Reference to the UNIDROIT Principles in International Commercial Arbitration Practice in the Russian Federation

The UNIDROIT Principles of International Commercial Contracts (hereinafter: the UNIDROIT Principles) have become quite familiar to the Russian legal and business communities since the full text of both the 1994 and 2004 editions, with comments and illustrations, was translated into Russian shortly after its publication in the official languages. Over the years, the UNIDROIT Principles have frequently been used by Russian business people in negotiating international commercial contracts and they have also often been used as an authoritative source of information about the rules of modern commercial practice in the legal orders of countries with a developed market economy. Also, the UNIDROIT Principles have repeatedly been used as a source of reference in legislative work aimed at the further development of the Russian law on contracts, primarily the rules contained in the Russian Civil Code. This is because in recent years, a great many publications have appeared in the Russian legal literature dealing with the UNIDROIT Principles as the subjectmatter of scientific research. The academic analysis has tended to concentrate both on the significance of the UNIDROIT Principles as a source of rules of law reflecting the modern lex mercatoria and on the substantive contents of the rules themselves in the context of comparative law studies. This broad use of the UNIDROIT Principles in Russian commercial practice where it relates to foreign trade transactions could also explain why the application of the UNIDROIT Principles has become quite evident lately in settling international commercial disputes through arbitration in Russia. References to the application of the UNIDROIT Principles are not infrequently found in the awards rendered by the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry

Interpretation of Separability of an Arbitration Agreement and its Practical Effects on Rules of Conflict of Laws in Arbitration in Russia

THERE HAS been controversy as to the interpretation of the separability of an arbitration agreement in Russia. There has been a shift from the controversy between the orthodox contractual and procedural theories to that between the procedural and positive legal norm theories. The dispute concerns the rules of conflict of laws on the determination of the law applicable to an arbitration agreement in Russia. This article will consider the Russian controversy on interpretation of the principle of separability of an arbitration agreement and its practical implications for the determination of the law applicable to an arbitration agreement. In practice, the Foreign Trade Arbitration Commission1 (FTAC), the permanent arbitral tribunal in the USSR, had exclusive jurisdiction over disputes arising from foreign trade. Originally, the FTAC was attached to the USSR Chamber of Commerce and Industry (USSR CCI). The FTAC was renamed as the Arbitration Court by the Statute on the Arbitration Court attached to the USSR CCI adopted on 14 December 19872 (‘the 1987 Statute on the AC’). The USSR CCI, the governing body of the Arbitration Court, was officially succeeded by the RSFSR CCI under the terms of the Decree of the Supreme Soviet of the RSFSR of 18 November 1991.3 Eventually, the Arbitration Court was placed under the Russian Federation4 CCI5 (RF CCI) and renamed as the International Commercial Arbitration Court (ICAC) attached to the RF CCI by the Law on the International Commercial Arbitration enacted by the RF Congress on 7 July 19936 (‘the 1993 Law on the ICA’). The RF CCI established the new Rules on the ICAC on 8 December 1994 (‘the 1994 Rules on the ICAC’). For convenience, the term ‘FTAC’ will be used below for all cases before the Rules on the Arbitration Court (‘the 1988 Rules on …

The 1921-1923 North Sakhalin Concession Agreement: The 1925 Court Decisions Between the US Company Sinclair Exploration and the Soviet Government

AS PERMANENT arbitration institutions, the Maritime Arbitration Commission (MAC) and the Foreign Trade Arbitration Commission (FTAC) were founded in Moscow in 1930 and 1932 respectively; and hence FTAC, now the International Commercial Arbitration Court of the Russian Federation, celebrates its 70th birthday this year. MAC was founded to decide salvage and other maritime cases; and its procedures were modelled on Lloyd's salvage arbitrations heard in London under English procedural law. Accordingly, proceedings in MAC were heard by two arbitrators and not the usual three in Russian ‘ ad hod ’ arbitration proceedings; and only if the two arbitrators disagreed was a third ‘super-arbitrator’ appointed, all which then corresponded to the English arbitration practice of appointing two arbitrators and an umpire. More striking was the parties' right to appeal from a MAC arbitration award to the USSR Supreme Court, which then also corresponded to the right of a party under the English Arbitration Act 1889 to request an award in the form of a special case stated for the English High Court on a question of law. Two years later, this right of appeal was not repeated when FTAC was founded, operating with a three-arbitrator tribunal making a final award, not subject to any judicial review by the Soviet courts. Later, this Soviet system of arbitration influenced the development of international commercial arbitration in China and other socialist countries; but historically, it was not a Soviet system, being rooted in the development of transnational arbitration in Europe from the early 1920s, including the formation of the ICC Court of Arbitration, the 1923 Geneva Protocol and the 1927 Geneva Convention. The early history of MAC and FTAC has still to be told in full; but it is possible to see its beginning in the decisions of the Soviet Courts in the case …

Schmitthoff Conference 2000: "Law and Trade in the 21st century" - "Legal Problems in International Business at the Dawn of the New Millennium", London (United Kingdom), 1-3 June 2000, organised by the Centre for Commercial Law Studies (Queen Mary and Westfield College, London University).

Schmitthoff Conference 2000: “Law and Trade in the 21st century“ – “Legal Problems in International Business at the Dawn of the New Millennium“, London (United Kingdom), 1–3 June 2000, organised by the Centre for Commercial Law Studies (Queen Mary and Westfield College, London University). Alexei G. Doudko Alexei G. Doudko *Rapporteur, International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry.. Search for other works by this author on: Oxford Academic Google Scholar Uniform Law Review, Volume 5, Issue 2, April 2000, Pages 286–293, https://doi.org/10.1093/ulr/5.2.286 Published: 01 April 2000

Recent Developments in Arbitration Practice of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation

Recent Developments in Arbitration Practice of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation

Rules of the international commercial arbitration court of the chamber of commerce and industry of the Russian Federation

Rules of the international commercial arbitration court of the chamber of commerce and industry of the Russian Federation

Russia-Rules of the International Commercial Arbitration Court (ICAC) 1 May 1995

Russia-Rules of the International Commercial Arbitration Court (ICAC) 1 May 1995

The 1995 Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation

The 1995 Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation