Recourse Against the Award - Chapter 19 - 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.
Under Russian law, arbitral awards cannot be appealed on the merits. The starting point for this analysis must be Art. 34 of the Arbitration Act, very aptly entitled “Application for setting aside as exclusive recourse against arbitral award” (emphasis added). The word “exclusive” here means “last resort” because the award cannot be appealed or challenged in any other way.
During Soviet times there was no procedure for setting aside an arbitral award—with just one exception: a MAC award could be appealed to the USSR Supreme Court (the highest judicial authority in the USSR).1 Nowadays, the jurisdiction for considering setting aside applications with respect to awards delivered by arbitrations seated in Russia lies with the arbitrazh courts of first instance local to the relevant arbitration institution (for MAC and ICAC this is the City of Moscow Arbitrazh Court).
The landscape has changed dramatically now that the ruling of the first instance arbitrazh court on an application to set an award aside can be appealed to the cassation court of the relevant district and then to the RF Supreme Arbitrazh Court. In the Soviet era an applicant had a oneshot right to appeal a MAC award directly to the highest judicial authority in the country.
RECOURSE AGAINST THE AWARD
19.1 Reasons for Setting Aside
19.2 Procedure and Deadlines for Challenging an Award
19.3 Effect of the Court Decision That Sets the Award Aside
19.4 Appeal against the Court’s Decision to Set Aside or Not Set Aside the Award
19.4.1 Cassation Appeal
19.4.2 Judicial Supervision