Russian Federation - National Report - World Arbitration Reporter (WAR) - 2nd Edition
Ivan Marisin is Senior Partner and head of the litigation and dispute resolution practice at Clifford Chance’s Moscow office. He specialises in all aspects of litigation and arbitration, domestic and international. Mr. Marisin is a member of the Moscow Bar Association and also an arbitrator at the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, the Vienna International Arbitral Centre of the Austrian Federal Economic Chamber and other arbitration centres. He has acted in high-profile disputes involving construction, tax, banking, contractual and commercial issues, share buy-out offers, recovery of debts and assets, restructuring, bankruptcy and aircraft repossession. Mr. Marisin represented the Bank of New York in its ongoing defence against a controversial $22.5 billion claim filed by the Russian Federal Customs Service and was lead counsel for a Russian uranium producer in a major $1 billion SCC arbitration. A frequent speaker at seminars and conferences, Mr. Marisin is also the author of numerous publications and an editor of the Russian journal Arbitration.
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 cross-border 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.
Originally from World Arbitration Reporter (WAR) - 2nd Edition
I. INTRODUCTION: ARBITRATION IN THE RUSSIAN FEDERATION – HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
As a preliminary point to our report please note that further we will use the terms “arbitration” and “arbitrazh.” The Russian term “arbitrazh” denotes Russian state commercial courts and must be distinguished from the English term “arbitration,” which is an independent tribunal whose jurisdiction requires the consent of the parties.
1. Historical evolution of law relating to arbitration
The resolution of disputes by way of arbitration was known even in ancient Russia. One of the oldest examples of arbitration can be found in the contractual charter between the Grand Duke Dmitry Donskoi and Duke Vladimir the Brave of Serpukhov.1 References to resolution of business disputes by way of arbitration were contained, inter alia, in treaties between princes in the 11th and 12th century.2
Arbitration existed in Ancient Russia’s major regional trading centres such as Veliky Novgorod, Arkhangelsk, Nizhny Novgorod, Moscow and later trading centres on the Volga River.