The Award - Chapter 16 - 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.
16.1. TYPES OF AWARD
According to the working group that drafted the Model Law, an interim or interlocutory or provisional award is an award which does not definitively determine an issue before the tribunal.1 This definition is in line with the general meaning of the term “interim” as opposed to “final”. However, the definition was not adopted in the final text of the Model Law and therefore it was not adopted in the text of the Arbitration Act that mirrors the Model Law. One of the reasons was that, in practice, the term “interim award” is often used interchangeably with “partial award”, though some authors suggest that they should be distinguished.2 Russian arbitration case law does not define interim and partial awards separately, often using the word “postanovlenie” for both, which can be translated into English as “decree”.3 This is how the word “order” used in Art. 32 of the Model Law was translated in Art. 32 of the Arbitration Act.
Russia-based tribunals deliver partial or interim awards in the following cases:
(a) on their own jurisdiction; and
(b) on legal costs.
16.1 Types of Award
16.2 Time Limits (and Possible Extensions) for Making the Award
16.3 Arbitrators’ Decision Making Process
16.4 Form of the Award
16.4.1 Form and Minimum Contents of an Award
16.4.2 Other Requirements
16.5 Publication of the Award
16.6 Amendment, Correction or Interpretation of the Award
16.6.1 Motion to Amend or Correct an Award
16.6.2 Interpretation of the Award by the Tribunal