Interim Measures of Protection - Chapter 14 - 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.
14.1. INTERIM MEASURES THE TRIBUNAL MAY ORDER
Under Art. 17 of the Arbitration Act, arbitrators and arbitral tribunals are permitted to award preliminary relief in respect of the subject matter of a dispute in such form as they deem necessary. This means that arbitrators and arbitral tribunals may order, inter alia, that a party be prohibited from disposing of its assets or require a party to provide a bank guarantee.
However, interim measures granted by the tribunal cannot be compulsory enforced in Russia e.g. with the assistance of court bailiffs or other authorities. If the party does not comply with the interim order granted by the tribunal, the only consequence is that the arbitrators may make appropriate inferences based on the party’s behaviour while deciding the case on the merits.
The ICAC and the MAC can grant interim relief in the form of interim awards (Section 36 of the ICAC Rules, Section 12 of the MAC Rules, respectively).
The general rule in this regard is that, unless the parties agree otherwise, the arbitral tribunal may at a party’s request order either party to comply with interim measures of protection in respect of the subject matter of the dispute as the tribunal deems appropriate (Section 36(1) of the ICAC Rules, Section 12 of the MAC Rules).
It should be noted that the most popular interim measures ordered by the ICAC are attachment of the defendant’s property1 and prohibition of the defendant’s performance of certain actions in relation to the subject matter of the dispute.
INTERIM MEASURES OF PROTECTION
14.1 Interim Measures the Tribunal May Order
14.2 Limits on the Tribunal’s Powers to Order Interim Measures
14.3 Orders to Provide Security for the Costs of Proceeding