A comprehensive review of the arbitration law and practice in Russia including: discussion of arbitration practice and procedure; an examination of the jurisdiction of the arbitral tribunal; the appointment of arbitrators including the challenge and replacement of arbitrators; an analysis of the various types of awards including a discussion on deliberations, agreements, settlements, and the costs of arbitration; a discussion on the amendment and challenge of awards including the liability of arbitrators; and, a review of the enforcement of domestic and foreign arbitration awards.

This book contains contributions to two joint seminars organized by the Universities of Kiel and St. Petersburg. Both international commercial arbitration and maritime law are characterized by a mixture of international and national sources. The two subjects are brought together here in one volume as maritime disputes often go to arbitration and both areas show, from a theoretical perspective, a number of interesting parallels and differences. Germany and Russia have ratified the major conventions in these fields, but many issues are left to domestic law and deserve a comparative evaluation.

This is a new and substantially expanded edition of the author’s ‘Russian Commercial Law’ (2001) which has become the standard resource in this area.

Although Russia has generally followed the New York Convention, the UNCITRAL Model Law and the European Convention on Arbitration since the 1990s, it was not until the reforms of 2015–2017 that arbitration in Russia became fully aligned with international commercial arbitration standards. This book by prominent Russian authorities explains the current legal landscape in the aftermath of the reforms, providing clear information and guidance to the worldwide community of arbitrators, dispute resolution practitioners and academics in the field. This book provides comprehensive coverage of current Russian law on domestic and international arbitration, addressing the stages of arbitration proceedings from the conclusion of an arbitration agreement to enforcement of foreign arbitral awards. The authors discuss the major theoretical and practical issues that have occupied the Russian courts and legal scholars over recent decades and draw parallels with other states and accepted international practices, emphasising issues that are of particular importance to foreign investors and their Russian partners. Detailed examinations include the following: regulatory sources; permanent arbitral institutions with government permission to operate; legislative provisions concerning judicial control of arbitration; arbitrability of disputes; interim measures; status of arbitrators and their powers; liability of an arbitrator; rules of evidence in arbitral proceedings; challenging arbitral awards and their enforcement; grounds for refusing enforcement of an international commercial arbitral award; grounds for setting aside of arbitral awards and their enforcement; costs and fees in arbitration; and the public policy exception. This book takes account of both the most significant Russian works on the theory of arbitration law and relevant judicial and arbitration practice. As a comprehensive guide to every aspect of international and domestic arbitration in the Russian Federation, this insightful commentary will be welcomed by legal practitioners worldwide dealing with an ongoing or contemplated arbitration or enforcement of an arbitral award in Russia. It will also serve as a point of reference providing international legal scholars, researchers and students with an authoritative explanation of the legal regulation of arbitration and the approaches adopted in Russian doctrine and legal practice.

This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.

"The focus of Arbitration Law and Practice in Central and Eastern Europe is to provide an understanding of the involvement of state authority in arbitrations and offer practical ideas on arbitration procedures for countries in this region. Adopting a questionnaire format devised by the editors, issues are investigated from both the arbitrator's and the counsel's perspectives and important tactical issues are discussed. It is inevitable, however, that the reader may occasionally be disappointed to find an unanswered question. The editors, authors and contributors ask for patience as the reader tries to find specific answers to questions which would not have been posed ten years ago. Case law is generally sparse in these countries, legal reforms are recent, and therefore the legal writing is limited and does not cover the entire array of questions that may arise. The book is an indispensable reference and guide for arbitrators and party representatives who are engaged in arbitrations in the region."--Publisher's website.

The former Soviet republics of the Commonwealth of Independent States (CIS) generate a significant and growing amount of work for the major Western and CIS regional international arbitral institutions. This book, a country-by-country analysis of regulation and practice of international arbitration in ten CIS jurisdictions, offers the first comprehensive review of commercial arbitration in the region. It also analyses notable developments in the use of arbitration mechanisms contained in bilateral and multilateral investment treaties affecting the region. The book provides not only a detailed analysis of the law, but also insight from local practitioners into the culture of arbitration and how the law is applied in each jurisdiction. Jurisdictions covered include Armenia, Azerbaijan, Belarus, Kazakhstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan. In addition to detailed discussion of the particular features of arbitral practice in each jurisdiction, contributions cover the following issues and topics: • arbitrability of disputes and public policy; • arbitral procedure; • recognition and enforcement of commercial and investor-state arbitration awards; • implementation of the UNCITRAL Model Law and other instruments affecting arbitral practice and procedure; • statistics from key arbitration institutions; • adherence to the ICSID, New York and key regional conventions relevant to arbitration; • relevant regulations, cases as well as applicable bilateral investment treaties; • law and practice related to investor-state arbitration; and • role of the Court of the Eurasian Economic Union. An informative introductory chapter provides detailed discussion and analysis of historic and current trends affecting arbitration practice among the CIS countries, including the role of regional conventions relatively unknown in the West. As a comprehensive overview of international arbitration in this burgeoning region, this book has no peers. It is sure to be highly valued and used by lawyers, arbitrators, and academics concerned with alternative dispute resolution, as well as by arbitration institutions, companies, states, and individuals engaged in arbitration.

In 2004, Sweden's Arbitration Act of 1999 was five years old. Inspired by UNCITRAL's Model Law while perpetuating features of the 1929 Act, it introduced many new concepts, such as establishing rules to determine the law applicable to the agreement to arbitrate, authorizing the arbitrators to decide the existence of facts and to fill gaps in contracts, making competition law issues arbitrable, affording the respondent the right to have the dispute resolved if the claimant withdraws its claim, authorizing truncated tribunals where an arbitrator obstructs the work of the tribunal. The new Act further gives arbitrators power to decide interim measures of protection and accepts that foreign parties waive in advance the possibility to set aside the arbitral award. In order to learn about the experience of Swedish and foreign practitioners, arbitrators and judges during the five years since the Act was adopted, the Stockholm Arbitration Report and the Institute of Arbitration Law at the University of Stockholm, organized a symposium on 7 and 8 October 2004. The symposium, was arranged in co-operation with the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the China International Economic and Trade Arbitration Commission (CIETAC), the Hong Kong International Arbitration Centre (HKIAC), the ICC International Court of Arbitration, the International Centre for Dispute Resolution (ICDR), the International Commercial Arbitration Court at the CCI of the Russian Federation, JAMS, the London Court of International Arbitration (LCIA), Revue de l’arbitrage, the Swedish Bar Association and UNCITRAL. This book contains the papers presented to the six working sessions and the full discussions that took place.