Submissions, Deadlines and Default - Chapter 12 - 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.
12.1. SUBMISSIONS: CONTENT AND FORM
Comprehensive written submissions are a well-established feature of the international arbitration process.1
According to writers on the legal theory of international commercial arbitration, in particular Professor Bernard Hanotiau, in civil law, written submissions are not limited to summary assertions of ultimate facts; they tell a story, contain allegations of material and evidentiary fact and make legal arguments.2 This holds true for international commercial arbitration in Russia.
However, statutory provisions in this respect are rather limited. Art. 23 of the Arbitration Act provides that:
“[w]ithin the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of such statements. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit”.
SUBMISSIONS, DEADLINES AND DEFAULT
12.1 Submissions: Content and Form
12.2 Legal Deadlines and Effect of Non-Compliance