Commercial Mediation in Russia: Making the Process a Reality - WAMR 2004 Vol. 15, No. 3

Commercial Mediation in Russia: Making the Process a Reality∗
By Ethan S. Burger, Esq.
Scholar-in-Residence
School of International Service
Adjunct Associate Professor of Law, Washington College of Law
American University, Washington, D.C.
&
Dmitri Davydenko, Esq.
Legal Advisor
Centre for Dispute Resolution
Moscow, Russia
I. Introduction
On July 24, 2002, the Russian Federation adopted a new Arbitrazh
Procedure Code (APC), which replaced the APC of 1995. The Russian
Arbitrazh court system resolves primarily commercial and bankruptcy
disputes, in contrast to the country’s courts of general jurisdiction, which
hear most civil cases. The new APC introduces numerous changes over
the former APC, responding in large part to issues identified over seven
years of practical experience.
This Article focuses on one of the most significant innovations in
the APC—the potential use of mediation to resolve commercial disputes.
Unfortunately, as noted below, the final version of the APC is far less
explicit on the applicable procedures for the conduct of mediation than the
first draft version of the APC, which the State Duma approved on April