Assistance by the Courts - Chapter 6 - 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.
6.1. EXTENT OF COURT ASSISTANCE IN GATHERING EVIDENCE
An arbitral tribunal or a party that has sought and obtained the approval of an arbitral tribunal can direct a request to the relevant Russian court asking for assistance in taking evidence. The courts may grant such requests where the latter are within their competence and in compliance with the rules on taking evidence (Art. 27 of the Arbitration Act).
A case has been reported in which the ICAC asked an arbitrazh court to assist it in taking evidence1 but it is unclear from publicly available sources whether or not the arbitrazh court did so.
Amendments to the Arbitrazh Procedure Code are currently being discussed. One such would establish an obligation for the state arbitrazh courts to render assistance to arbitral tribunals. At the moment, this rule is found in the Arbitration Act but not in the Arbitrazh Procedure Code, so it is suggested that the latter be amended to make it consistent with the Arbitration Act.
6.2. ASSISTANCE IN ENFORCING THE ATTACHMENT OF ASSETS
Upon a party’s request, the arbitrazh courts can grant injunctive relief in support of a pending arbitration in situations where the court believes that failure to do so could make enforcement of the award impossible, significantly complicate enforcement or cause the applicant to incur substantial damages.
ASSISTANCE BY THE COURTS
6.1 Extent of Court Assistance in Gathering of Evidence
6.2 Assistance in Enforcing the Attachment of Assets
6.3 Power of State Courts to Intervene During the Proceedings