Dispute resolution with a Russian counterparty in arbitration courts on the territory of Russia

Arbitration Institutions Operating in Russia

A number of arbitration institutions in the Russian Federation recognize their competence to resolve commercial disputes, including those involving foreign companies. Key institutions include:

International Commercial Arbitration Court (ICAC) at the Chamber of Commerce and Industry of the Russian Federation

The most authoritative arbitration body in Russia, operating since 1932. It is competent in disputes arising from foreign economic and other commercial relationships involving foreign entities. Arbitration is conducted according to its own regulations, with the possibility of choosing arbitrators from a recommended list.

Maritime Arbitration Commission at the CCI of Russia

Specializes in disputes related to maritime transportation, insurance, chartering, towing, and other relations in the maritime business.

Arbitration Center at the Russian Union of Industrialists and Entrepreneurs (RSPP Arbitration)

Handles disputes between Russian and foreign legal entities. Known for its flexible procedures, online formats, and simplified dispute resolution procedures.

Russian Arbitration Center at the Institute of Modern Arbitration (RAC at ISA)

Specializes in commercial and corporate disputes. It offers the possibility of conducting proceedings in foreign languages.

Using the services of one of the listed centers is possible if there is a valid arbitration clause that complies with the legislative requirements.

The list of arbitration institutions is not limited to those mentioned — other arbitral tribunals also operate in Russia and have the right to resolve commercial disputes, provided they meet the established requirements for permanent arbitration institutions.

Procedure for Dispute Resolution in Russian Arbitration

The basis for arbitration proceedings is an arbitration clause or a separate agreement between the parties to submit the dispute to a specific arbitration institution. This clause must be in writing, specify the name of the arbitration center, and the applicable regulations.

The procedure begins with submitting an application in accordance with the rules of the chosen arbitration institution. The application must include the contract, confirmation of the arbitration clause, evidence of the breach of obligations, and other documents supporting the claimant’s position. All materials are submitted in the language specified by the rules, typically Russian or English, with the possibility of agreeing on another language.

The composition of the arbitral tribunal is formed according to the provisions of the regulations and the agreement of the parties. Typically, the dispute is resolved by a sole arbitrator or a panel of three arbitrators. The parties may participate in choosing the arbitrators from an approved list or suggest candidates by mutual agreement.

The proceedings are conducted in a closed manner, without the involvement of state bodies. The process may include written and oral stages, as well as the submission of additional evidence. Upon completion, a decision is issued, which is binding on the parties and can be enforced in accordance with Law No. 382-FZ and the 1958 New York Convention.

Limitations and Sanction Risks

Under external political restrictions, Russian legislation allows for the rejection of an arbitration clause despite its formal validity. Articles 248.1 and 248.2 of the Arbitration Procedural Code of the Russian Federation provide for the exclusive jurisdiction of Russian state courts in disputes involving parties subject to sanctions or in cases where foreign jurisdiction is deemed unavailable.

If the dispute concerns a party subject to sanctions, or there is a risk of violating the right to judicial protection, the Russian court may consider the arbitration clause inapplicable. This can occur either at the pre-trial stage or during attempts to enforce the arbitration decision.

Moreover, Russian courts have the right to issue rulings prohibiting the continuation of arbitration outside Russia (anti-suit injunction) and impose compensation for violating such a ban. These measures complicate the implementation of arbitration procedures in the international context and require individual legal assessment.

Disputes not subject to sanction restrictions and related to neutral jurisdictions may be considered in Russian arbitration institutions without obstacles.

KDpartners Arbitration Services

KDpartners provides legal support to foreign companies at all stages of arbitration disputes with Russian counterparties. We draft arbitration clauses in compliance with Russian law and international standards, analyze risks, and ensure that the selected arbitration institution aligns with the specifics of the dispute.

The company’s lawyers represent clients in the ICAC at the Chamber of Commerce and Industry of the Russian Federation, the Maritime Arbitration Commission, the Arbitration at RSPP, the RAC at ISA, and other accredited institutions for commercial dispute resolution. We accompany the process from filing a claim to the issuance of a decision, including preparing all necessary documents, participating in hearings, and submitting requests for recognition or annulment of the decision.

We also ensure the enforcement of arbitration decisions in Russia, including obtaining an enforcement order, interacting with the court and bailiffs, and applying interim measures when necessary.

Our support is provided in Russian, English, and Chinese, taking into account the client’s jurisdiction and the specifics of cross-border regulation.