The Arbitration Procedure - Chapter 10 - Arbitration Law of Russia: Practice and Procedure
Mr. Khodykin holds a Ph.D in Law and, from 2005 to 2012 he was an associate professor at the Moscow State Institute of International Relations (MGIMO), in addition to being in private practice.
Recognised as a rising star by Chambers & Partners, Mr. Khodykin is a frequent speaker at seminars and conferences and has authored numerous publications on international commercial arbitration and conflict of laws.
He has acted as arbitrator in cases under the ICC Rules and the Rules of the Court of Arbitration for Sport at the Russian Olympic Committee. Based in London, Mr. Khodykin advises on a wide range of litigation and arbitration matters, including commercial cases, repossession of aircraft, real estate litigation, corporate disputes and oil and gas industry cases. Mr. Khodykin has represented a broad range of clients in national and cross-border matters, including matters before the LCIA, ICSID and the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry. He has experience litigating cases before various Russian courts, including the Russian Federation Constitutional Court, the Supreme Arbitrazh Court (the highest judicial authority in Russia for commercial courts) and the Supreme Court.
10.1. EXTENT OF PARTY AUTONOMY TO DETERMINE THE ARBITRAL PROCEDURE
Art. 19 of the Arbitration Act reads as follows:
“1. Subject to the provisions of this Law, the parties are free to agree the procedure to be followed by the arbitral tribunal in conducting the proceedings.
2. Failing such agreement, the arbitral tribunal may, subject to the provisions of this Law, conduct the arbitration in such manner as it deems appropriate. The power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence”.
The phrase “subject to” does not really restrict party autonomy. There are a few rules in the Arbitration Act relating to procedure which are mandatory—these usually uphold the principles of due process. Parties may decide to exercise their autonomy by including specific procedural rules in their arbitration agreement or by reference to institutional rules. 1
THE ARBITRATION PROCEDURE
10.1 Extent of Party Autonomy to Determine the Arbitral Procedure
10.2 Basic Procedural Principles or Mandatory Rules to Be Applied by the Arbitral Tribunal
10.4 Determination of the Place of Arbitration in Absence of an Agreement by the Parties
10.5 Language of Arbitration
10.6 Oral Hearing or Proceedings on Basis of Written Documents
10.7 Power of the Tribunal (in Particular the Chairman) to Issue Procedural Orders
10.8 Distinction of Matters of Substance and Matters of Procedure
10.9 Effect of a Party’s Insolvency
10.10 Persons Able to Represent a Party in Arbitration Proceedings