International Commercial Arbitration Court (ICAC) and Maritime Arbitration Commission (MAC) at the Russian Federation Chamber of Commerce and Industry - World Arbitration Reporter (WAR) - 2nd Edition

Roman Khodykin is Counsel in the litigation and dispute resolution practice group at the Moscow office of Clifford Chance, an associate professor at Moscow State Institute of International Relations (MGIMO), a member of the Moscow Bar Association and holds a Ph. D in Law. He is also an arbitrator of the Arbitration Court for Sport at the Russian Olympic Committee. Mr. Khodykin specialises in all aspects of litigation and arbitration, domestic and international, including commercial cases, repossession of aircraft, real estate litigation and corporate disputes, and he has extensive experience in international commercial arbitration. Mr. Khodykin has represented a broad range of clients in national and crossborder matters, including 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 the Russian Federation Constitutional Court and the Russian Federation Supreme Arbitrazh Court. Mr. Khodykin is a frequent speaker at seminars and conferences and has authored numerous publications on international commercial arbitration and conflict of laws.

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Originally from: World Arbitration Reporter - 2nd Edition

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I. BASIC INFORMATION

A. History and Background of the Institution

This review is about the rules of two of the most prominent arbitral institutions in the Russian Federation: the International Commercial Arbitration Court (“ICAC”) and the Maritime Arbitration Commission (“MAC”) both of which are under the aegis of the Chamber of Commerce and Industry of the Russian Federation (“RF Chamber”). The ICAC and the MAC are located in the very center of Moscow, close to the Red Square and Kremlin.

The ICAC is a Russia’s leading institutional arbitration forum. The predecessor of the ICAC, the Foreign Trade Arbitration Commission, was founded in 1932 and was the second institutional arbitration forum established in the USSR after the MAC, which was established in 1930.

The ICAC and MAC are attached to the RF Chamber which is the oldest business association in the country. Annually the ICAC administers about 250–300 international commercial arbitrations involving parties from 40–60 jurisdictions.

The ICAC and MAC are the only two arbitral institutions in Russia to have their legal status regulated by Annexes 1 and 2 to Russian Federation Law No. 5338-1 of 7 July 1993 on International Commercial Arbitration (“Law On ICA”).

The ICAC and MAC rules previously in force were adopted by the RF Chamber in 2006 and had been applied for over ten years, until new rules were enacted under RF Chamber Orders No. 5 and 6 of 11.01.2017. The new rules came into force on 27 January 2017 and are applicable to all proceedings commencing after that date. The ICAC rules have been updated on 13.05.2020 (Annex 1).

In September 2021 RF Chamber has updated Rules on Impartiality and Independence of Arbitrators binding on the ICAC and MAC proceedings. They take into account the new IBA Guidelines on Conflicts of Interest in international arbitration but also accumulated Russian experience, based on the importance of legal regulations in force at the seat of arbitration.

Table of Contents:

International Commercial Arbitration Court (ICAC) and Maritime Arbitration Commission (MAC) at the Russian Federation Chamber of Commerce and Industry - TABLE OF CONTENTS from World Arbitration Reporter (WAR) - 2nd Edition

INTERNATIONAL COMMERCIAL ARBITRATION COURT (ICAC) AND MARITIME ARBITRATION COMMISSION (MAC) AT THE RUSSIAN FEDERATION CHAMBER OF COMMERCE AND INDUSTRY

I. BASIC INFORMATION

A. History and Background of the Institutions

B. Model Clauses

C. Arbitrators

D. Costs, Fees and Other Service Charges

II. ARBITRAL PROCEDURE BEFORE THE ICAC AND MAC

A. Commencement of proceedings

B. Language of Arbitration

C. Interim Measures

D. Third Parties and Consolidation of Claims

E. Confidentiality

F. Applicable Law

G. Awards

H. Conclusions

III. APPENDIX

A. Rules of the ICAC and MAC

1. ICAC Rules

2. MAC Rules

B. Institution Contact Details

C. Bibliography