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Russian Arbitration Association: Concept and Implementation

Russian Arbitration Association: Concept and Implementation. Vladimir Khvalei, Partner Baker & McKenzie Warsaw, 12 March 2013. Statitistics of ICC International Court of Arbitration.

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Russian Arbitration Association: Concept and Implementation

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  1. Russian Arbitration Association: Concept and Implementation Vladimir Khvalei, Partner Baker & McKenzie Warsaw, 12 March 2013

  2. Statitistics of ICC International Court of Arbitration

  3. Please indicate your preferences with regard to the cities listed below if negotiating the place for arbitration (5 – “definitely yes”, 1 – “definitely no”) ICC Russia Survey “Russia as a place for arbitration”

  4. RUSSIA AS PLACE FOR ARBITRATIONICC Russia Survey “Russia as a place for arbitration” • Please indicate the Rules applied to the arbitration(s) and indicate your satisfaction with the quality of the proceedings (5 – “definitely yes”, 1 – “definitely no”) • Based on your experience of international arbitration proceedings in Russia

  5. ICC Russia Survey “Russia as a place for arbitration” • In what situations would you agree to submit a dispute to international arbitration in Russia?

  6. Mission • to promote arbitration in the Russian Federation and other CIS countries • to make Russia a more popular place for arbitration • to support and promote • Russian arbitrators at national and international levels • foreign arbitrators with an interest in Russia related arbitration

  7. Foundation and Membership • Individuals (Russian and foreign) • Legal entities (Russian and foreign) • lawfirms • other organizations • Conditions: • supporting organizational principles and objectives of the Association • payment of membership fees (USD 500 for legal entities and USD 50 – for individuals)

  8. Practitioners supporting the idea

  9. Practitioners supporting the idea, cont.

  10. Services of the Association • Organizing and sponsoring conferences and workshops • Administrative support of arbitration proceedings • Mantaining a database of arbitrators and services supporting arbitration • Administering disputes under UNCITRAL Arbitration Rules • Other activities promoting arbitration in Russia and the CIS.

  11. Conferences and Workshops • Promoting arbitration in Russia • Qualification programs for arbitrators • Qualification programs for counsel

  12. Administrative support in arbitral proceedings • maintenance of arbitrators database • public • based on members’ requests • criteria established in Associations’ internal regulations • search options • not binding on the parties or the Nominating Committee • provision of availability data regarding: • premises for hearings, • experts, • interpreters, • stenographers, etc.

  13. Competent authority under the UNCITRAL Rules • Assist the parties in selecting and appointment of arbitrators • Consider challenges filed against arbitrators • Assist in administration of financial side of arbitration.

  14. Association bodies • General meeting of members • Board • General Secretary • Nominating Committee

  15. No Conflict of Interest • The Nominating Committee may not nominate • any Board member, its own member, or the General Secretary of the Association • The General Secretary may not participate • in any Association-administered arbitral proceedings in any capacity, except for the performance of General Secretary's functions. • Committee and Board Members precluded from receiving information on any cases involving in any capacity themselves, their law firms, their own clients or their law firms' clients (or those clients' affiliates) • Committee and Board Members are under an obligation to promptly report the potential conflict of interest issues

  16. Основные структурные вопросы создания совместного предприятия Internet Site of the Association -

  17. Changes in Regulation in February 2013 • Original idea: non-commercial partnership – non-commercial partnership “Arbitration Association” • Association as a legal form was not suitable • Important changes to the RF Civil Code provisions on associations • individuals as members • non-commercial goals

  18. Further Steps • Registration of Association • Election of RAA bodies • Task forces: • Regulation on administrating disputes under the UNCITRAL Rules and Internal Rules of the Association • Development of the Association’s site • Development of educational programs for arbitrators and counsel

  19. if you are interested in participating, please send me email at: vladimir.khvalei@bakermckenzie.com

  20. Arbitration Association in Russia: Concept and Implementation Vladimir Khvalei, Partner Baker & McKenzie Warsaw, 12 March 2013

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