Representation in arbitration courts

Specifics of Representation in Arbitration Courts 

Representation in arbitration proceedings requires a thorough understanding of the specifics of the arbitration process and the relevant legal regulation. Unlike state courts, arbitration courts operate on the basis of an agreement between the parties and are regulated by special regulations. 

• Federal Law No 382-FZ dated 29.12.2015 "On Arbitration (Arbitral Proceedings) in the Russian Federation", which establishes the general principles and procedures of arbitration proceedings. 

• The Law of the Russian Federation dated 07.07.1993 No 5338-1 "On International Commercial Arbitration", applicable to international commercial disputes. 

A representative in the arbitration court acts on behalf of the principal on the basis of a power of attorney. In accordance with the law, a power of attorney must be issued in writing and contain an indication of the specific powers of the representative. 

It is important to note that there is no uniform procedure in arbitral proceedings, and the rules may vary depending on the arbitral institution chosen. Therefore, the representative must be familiar with the rules of the particular arbitration court in which the case is being considered. 

Arbitration proceedings are distinguished by a number of features: 

• Flexibility of the procedure, as the parties can independently determine the rules of the proceedings, including the choice of arbitrators, the place and language of the proceedings. 

• Unlike state courts, arbitration proceedings, as a rule, are not public, which ensures the protection of the commercial secrets of the parties. 

• Decisions of arbitration courts may be challenged only on a limited list of grounds provided for by law.

How arbitration proceedings are conducted 

Initiating Arbitration

The process begins with the filing of a statement of claim with the chosen arbitral institution or the establishment of an ad hoc arbitral tribunal. The claim indicates the requirements, circumstances of the case and provides evidence. The basis for consideration of the dispute is an arbitration agreement between the parties. 

Selection of arbitrators

The parties shall independently determine the composition of the arbitration court. Usually, each party appoints one arbitrator, who then jointly elects the presiding arbitrator. In case of disagreement, the appointment may be made by the arbitral institution in accordance with its rules. 

Presentation of position and evidence

The parties shall present their positions and evidence in writing. Hearings may be held in person or remotely, depending on the agreement of the parties and the rules of the arbitral institution.  

Receipt and execution of the decision

At the end of the proceedings, the arbitral tribunal shall render a decision which shall be binding on the parties. In case of voluntary non-performance, the party in whose favor the decision is made may apply to the competent state court for the issuance of a writ of execution.

Recognition and Enforcement of an Arbitral Award 

Arbitral awards, including international arbitral tribunals, shall be recognized and enforced in the territory of the Russian Federation in accordance with the established procedures. The process of recognition and enforcement is regulated by the following regulations: 

• Arbitration Procedure Code of the Russian Federation (CAP RF) – Chapter 31; 

• Civil Procedure Code of the Russian Federation (CPC RF) – Chapter 45; 

• The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, to which Russia is a party. 

In order to recognize and enforce an arbitral award, an application must be submitted to the competent court. The following shall be attached to the application: 

• Original or certified copy of the arbitral award; 

• Original or certified copy of the arbitration agreement; 

• A duly certified translation of these documents into Russian. 

The court shall consider the application and, in the absence of grounds for refusal, shall issue a writ of execution for the enforcement of the arbitral award. 

Grounds for refusal of recognition and enforcement

The court may refuse to recognize and enforce an arbitral award in the following cases: 

• The party against whom the judgment was rendered was not properly notified of the proceedings or was unable to present its arguments; 

• The award concerns a dispute not covered by the arbitration agreement or goes beyond it; 

• The composition of the arbitral tribunal or the procedure of the proceedings did not comply with the agreement of the parties or the applicable law; 

• The decision has not yet become binding on the parties or has been canceled by the competent authority; 

• The recognition and enforcement of the judgment are contrary to the public policy of the Russian Federation.