The history of arbitration trial in Russia began with acceptance of "Temporary regulations on arbitration court for settlement of economic disputes" and totals eight years.
The arbitration court is a non-state body. It is called commercial arbitration in the world practice and institutional arbitration in Russia.
Now some well-known centres of the international commercial arbitration can be distinguished in international trade practice:
- The International commercial arbitration court at the Chamber of Commerce and Industry of the Russian Federation
- The Arbitration Institute of the Stockholm Chamber of Commerce
- London Court of International Arbitration (LCIA)
- ICC International Court of Arbitration
- Vienna International Arbitration Centre
Under present-day conditions the arbitration legal procedure is a necessary and effective form of protection of the rights and interests of entrepreneurs. In the developed countries entrepreneurs prefer to settle their disputes in the trading (commercial) courts which are not a part of the state judicial system. This is associated with easier judicial proceedings comparing to other countries and it does not take as much time, as litigation, also international customs and norms of the substantive law are considered during adjudication.
According to the Law "On the arbitration courts in the Russian Federation", any dispute following from civil legal relationship can be transferred to the commercial arbitration court under the agreement of parties (it is called as intermediate). As a rule, the arbitration courts settle economic disputes. At the same time not all disputes considered in the commercial arbitration court can be transferred to the arbitration court. So, the cases on bankruptcy, creation, reorganization and liquidation of organization, on disputes between the shareholder and joint-stock company, on protection of business reputation and a number of others (item 1 of article 33 of the Arbitration Code of Practice of the Russian Federation) can be considered only by arbitration court. Organizations, individual entrepreneurs, as well as citizens who claimed to the arbitration (intermediate) court for protection of their rights (Article 2) can be the parties of intermediate court.
The commercial arbitration courts can be both permanent and "single".
The parties can specially arrange a "single" arbitration court (arbitration ad hoc) for settlement of a concrete dispute. The parties establish rules for the arrangement and activity of such arbitration court. They also define composition of the court, a place and time of case decision and etc. All these items are specified in the arbitration agreement.
When the parties do not wish to solve all organizational problems and to search for the arbitration negotiator for dispute settlement, they address to permanently operating commercial arbitration court (institutional arbitration). Such courts work at a number of non-state organizations to settle economic disputes. The parties charge institutional arbitration with forming of the composition of the court for settlement of concrete dispute, to arrange arbitration trial and etc.
The following advantages of the arbitration trial can be distinguished:
- The parties can choose the qualified experts as judges whose opinion they trust.
- Commercial information shall be kept confidential because of secretive trial.
- The cases are considered operatively because there are no appeal, cassation and supervising instances in arbitration trial proceedings, and dispute in essence and finally is settled by the members of the arbitration court.
- Decision of the arbitration court is final (if this is specified in the arbitration agreement).
- The amount of fee paid for trial proceedings is usually essentially lower than state due for the case resolved by another court.
- The competitiveness principle in the commercial arbitration court works much more actively than in the arbitration one, i.e. the parties have more opportunities to prove their rightness, to create evidentiary base, to participate in research of proofs. During arbitration trial the parties make the entire process starting from a choice of judges (that is important). As a result the parties can easier achieve the compromise, conclude the agreement of lawsuit.
Our company renders the following types of services:
- Search of arbitrators.
- Registration of the application of the claimant.
- Registration of the response of the respondent.
- Representation of the interest of the respondent.
- Representation of the interest of the claimant.
- Drawing up of the business letter, the application, the petition concerning the resolution of disputes in the arbitration court.
Representation in the commercial Arbitration Courts proceeds with the assistance of the Expert Council of our Corporation.