I. INTRODUCTION: ARBITRATION IN THE RUSSIAN FEDERATION – HISTORY AND INFRASTRUCTURE A. History and Current Legislation on Arbitration 1. Historical evolution of law relating to arbitration 2. Current law and law reform projects a) Domestic arbitration law b) International arbitration law 3. Distinction between domestic and international arbitration law   4. Publication of awards a) Publication with or without the consent of the parties b) Practice of publication – where? B. Arbitration Infrastructure and Practice in the Russian Federation   1. Major arbitration institutions: number of cases and statistics   a) ICAC b) MAC   II. CURRENT LAW AND PRACTICE   A. Arbitration Agreement   1. Types and validity of agreement a) Clauses and submission agreement b) Minimum essential content i. Consent of the parties to arbitration ii. Scope iii. Arbitration institution iv. Exclusivity c) Form requirements d) Incorporation by reference 2. Enforcing arbitration agreements a) Declaratory actions in court b) Application to compel or stay arbitration c) Legal remedies and proceedings to enforce the agreement 3. Effects on third parties a) Extension of the agreement over third parties b) Other effects i. Constitution of the arbitral tribunal ii. Consolidation of arbitration proceedings 4. Termination B. Doctrine of Separability 1. Statutory provisions 2. Practice and case law C. Jurisdiction 1. Competence-competence 2. Interaction of national courts and tribunals D. Arbitrability   1. Notion and functions of arbitrability   2. Applicable law 3. Subjective arbitrability a) Natural persons b) Legal persons c) State/state entities 4. Objective arbitrability a) Examples of restrictions to objective arbitrability at law i. Bankruptcy issues b) Cases restricting objective arbitrability i. Issues related to the rights to immovable property situated and/or registered in Russia ii. Subsoil use issues iii. Privatisation issues E. The Arbitral Tribunal 1. Sole arbitrator or arbitral tribunal with several arbitrators a) Sole arbitrator b) Three arbitrators 2. Legal status and arbitrator’s rights and duties a) Duties of arbitrators b) Rights of arbitrators 3. Qualifications and accreditation requirements a) General b) Impartiality and independence of arbitrators i. Impartiality ii. Independence iii. Disclosure 4. Appointment of arbitrators   a) Methods of appointment and appointing authorities i. Extent of party autonomy to establish appointment procedure 5. Procedure in absence of parties’ agreement a) Arbitration Act provisions b) ICAC provisions c) Resignation and its consequences 6. Challenge and removal   a) Grounds for challenge b) Procedure for challenge c) Replacement of arbitrators F. Conducting the Arbitration   1. Law governing procedure   a) Notion and role of seat of arbitration i. Enforceability issues ii. Choice of law issues b) Methods for selection of seat absent party choice 2. Conduct of arbitration a) Basic procedural principles b) Party autonomy and arbitrator’s power to determine arbitral procedure c) Style and characteristics of the oral hearing d) Distinction of matters of substance and matters of procedure e) Submissions and notifications f) Deadlines g) Legal representation h) Default proceedings i. Effect of non-compliance with time limits ii. Effect of a party’s insolvency 3. Taking of evidence a) Admissibility b) Burden of proof c) Standards of proof d) Production of documents i. Form and kind of documents presented to the tribunal ii. Requirement to produce certain documents and consequences of failure to do so iii. Protecting confidentiality e) Witnesses i. Ability of a person to act as a witness ii. Preparation of witnesses and limits thereof iii. Admissibility of written witness statements iv. Entitlement to a hearing or cross-examination of witnesses f) Tribunal-appointed experts, party-appointed experts i. Admissibility and role of expert witnesses ii. Party influence upon the selection of questions submitted to the expert iii. Expert’s independence and impartiality; right to reject an expert iv. Oral examination of an expert at a hearing 4. Interim Measures of Protection a) Jurisdiction for granting interim measures b) Availability of preliminary of ex parte orders c) Types of measures d) Security for costs 5. Interaction between national courts and arbitration tribunals   a) Extent of court assistance in the gathering of evidence b) Assistance for enforcing attachment of assets c) Other examples of possible assistance d) Power of state courts to intervene during the proceedings 6. Law and rules of law applicable to the merits a) party autonomy b) Decisions according to equity or as amiable compositeur c) Non-national substantive rules, general principles of law and transnational rules (lex mercatoria) d) Determination by arbitrators 7. Costs a) Arbitration costs i. Costs of the administration by an arbitration institution ii. Arbitrators’ fess: law and practice, judicial control b) Legal costs c) Security for costs G. Arbitration Award 1. Types of awards a) Interim and partial awards b) Final awards c) Consent awards d) Default awards 2. Form requirements a) Essential content i. Form of an award ii. Minimum contents of an award b) Reasons c) Time limits for making the award d) Necessity to specify place and time where and when the award the made i. Place of arbitration ii. Date e) Notification to parties and registration 3. Decision making a) Deliberations majority or consensus? b) Dissenting opinions c) Signature 4. Settlement a) Settlement recorded in an award b) Settlement without an award c) Use of settlement techniques by arbitrators H. Challenge and Other Actions against the Award 1. Setting aside a) Grounds b) Time limits c) Procedure d) Limiting judicial review of awards by contract e) Effects of successful challenge f) Appeal against the court’s decision i. Cassation appeal ii. Judicial supervision 2. Appeal on the merits a) Is it allowed? b) Excluding the right to appeal by agreement 3. Liability of arbitrators  a) Duties and liabilities of arbitrators regarding the conduct of the proceedings b) Ability to restrict or exclude the arbitrators’ liability   III. RECOGNITION AND ENFORCEMENT OF AWARDS A. Domestic Awards   1. Statutory or other regime and practice a) Grounds for refusing recognition and enforcement i. Formalistic grounds ii. Broad interpretation of fundamental principles of Russian law b) Any good examples? c) Other details of the procedure for recognition and enforcement d) Formal requirements for enforcement of awards e) Enforcement Procedure i. Arbitrazh Court vs. Court of General Jurisdiction ii. Which Arbitrazh Court should be selected? iii. Appeal against a grant of a writ of enforcement f) Execution i. Procedure and timing ii. Levy of the execution against debtor’s property B. Foreign Awards   1. Various regulatory regimes a) Domestic rules b) Remedies against decisions granting or declining enforcement c) New York Convention and other international conventions i. Relevant bilateral or multilateral treaties ii. Existence of a standard procedure for the enforcement of foreign awards iii. Extent of court examination and review of the reward 2. Application of the New York Convention by local courts a) Public policy as a ground to refuse enforcement b) Notification issues    IV. APPENDICES AND RELEVANT INSTRUMENTS   A. National Legislation (See CD-ROM)  B. Major Arbitration Institutions   1. International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation   2. Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation   C. Cases   1. Court Judgments   2. Awards   D. Bibliography