11th Moscow Pre-Moot, preliminary rounds for the 27th Willem С. Vis International Commercial Arbitration Moot, will take place on 14-15 March 2020. The Pre-Moot is organized by the Lomonosov Moscow State University Faculty of Law in cooperation with the Russian Arbitration Center. This year teams from Russia, Germany, Austria, France, Belarus, Moldova will participate in the contest. The working language of the event is English.
The information about the contest is available here <a href="http://www.vismoot.ru">www.vismoot.ru</a>.

11th Moscow Pre-Moot to the 27th Willem С. Vis International Commercial Arbitration Moot

On 7-8 December 2019, the Russian Institute of Modern Arbitration held the 3rd Russian Corporate Arbitration Moot Court Competition named after Professor V.P. Mozolin.

This is the third year of the Mozolin Moot Court Competition that brings together participants from all over the country. In 2019, 87 teams (342 participants) registered for the Competition, from Vladivostok, Tomsk, Ufa, Orenburg, Perm, Yekaterinburg, Rostov-on-Don, Barnaul, Pskov, Saint Petersburg, Kazan, Vladimir, Tver, Krasnodar, Grozny, and Moscow.

This year’s case concerned many topical issues, such as, for instance, the relation between the arbitrability of corporate disputes and re-domiciliation; how bankruptcy supervision procedures affect the enforceability of an award; in which cases a deadlock can be resolved by expulsing a company participant; etc.

Students were invited to produce four written submissions, with 24 teams advanced from the written stage of the Competition to the oral rounds.

The oral rounds of the Competition included preliminary rounds (held on 7 December), play-off rounds (on 8 December) that took place in the conference rooms of the Russian Arbitration Center and the international law firm Freshfields Bruckhaus Deringer. The presentations of the teams were judged by over 60 arbitrators specialising in corporate law and arbitration.

The final round of the Competition was held on Sunday evening at the RAC offices between the teams of the Lomonosov Moscow State University and the Tomsk State University.
The final round panel featured seven arbitrators: Olesya Petrol (Partner, Petrol Chilikov), Yulia Mikhalchuk (Counsel, Saveliev, Batanov &amp; Partners), Konstantin Kroll (Partner, Dentons), Natalia Gulyaeva (Partner, Hogan Lovells), Yury Babichev (Counsel, Bryan Cave Leighton Paisner), Maxim Rasputin (Counsel, Ivanyan &amp; Partners), and Roman Bevzenko (Partner, Pepeliaev Group).

Top three teams at the Competition:
<ul>
<li>1st place – Team 865, Lomonosov Moscow State University (team members: Sofia Shelamova, Viktoria Naimushina, Daniil Mogilevsky, Daria Tokareva, Kirill Tarasov);</li>
<li>2nd place – Team 771, Tomsk State University (team members: Elena Golub, Alyona Yakovleva);</li>
<li>3rd place – Team 633, Russian State University of Justice (team members: Artyom Belin, Danila Grachyov, Maria Zubrilina, Maxim Kiselyov, Ivan Somov, Ekaterina Fomenko).</li></ul>
Best oralist: Viacheslav Grigoryev (Team 507, HSE).
Best written pleadings: Team 398, Lomonosov Moscow State University.

On 6 December 2019, a day before the oral rounds, we held a conference on the topical issues of corporate law and arbitration of corporate disputes.

Dina Iskanderova (Associate, Cleary Gottlieb) discussed the basic theories on re-domiciliation (in particular, the requirements for outgoing/ingoing jurisdictions), drew examples of “cheap and easy” and “expensive and difficult” jurisdictions for re-domiciliation, and invited the participants to discuss some issues arising in practice whenever a company “moves” into the Russian jurisdiction.

Nikolay Pokryshkin (Partner, Kulkov, Kolotilov &amp; Partners) and Roman Zaitsev (Partner, Dentons) discussed the effect bankruptcy supervision procedures have on the arbitrability of the dispute and enforceability of the resulting award. The discussion touched upon the provisions of international arbitral institutions’ arbitration rules, the procedural issues of filing a claim with an arbitration after the initiation of bankruptcy receivership, the enforceability of the arbitration clause in such disputes, as well as the procedure of settlement of a dispute with a bankrupt party. Nikolay and Roman analysed the practice of courts in bankruptcy cases involving issues of enforcement of foreign arbitral awards, and gave practical tips as to how to increase the stability the award if a party to the dispute is declared bankrupt.

Rustem Miftakhutdinov (Head of Support of Bankruptcy Procedures and Recovery of Problem Debts of the Department of Litigation of PJSC Rosneft Oil Company), Konstantin Grichanin, (Deputy Director, Department of Litigation of PJSC Rosneft Oil Company) and Yulia Mikhalchuk (Counsel, Saveliev, Batanov &amp; Partners) discussed the practical issues of expulsion of participants from a legal entity. In particular, their presentation concerned the grounds for expulsing participants from a public company.

The Russian Institute of Modern Arbitration thanks all participants, arbitrators, and speakers who took part the Competition.

The Institute would like to give special thanks to:

Our general partners: Ivanyan &amp; Partners, Dentons;
Our partners: Saveliev, Batanov &amp; Partners, Bryan Cave Leighton Paisner, Hogan Lovells;
Our partners that allowed us to use their offices for the Competition: Freshfields Bruckhaus Deringer, International and Comparative Law Research Center (ICLRC);
And our information partners: Advokatskaya Gazeta (Russian Attorney’s Newspaper), Zakon.ru, CIS Arbitration.

The 3rd Professor Mozolin Corporate Arbitration Moot Court Competition: Highlights and Results


Starting from December 2019, Andrey Gorlenko will be stepping down as General Director of the Russian Institute of Modern Arbitration (RIMA) and the Executive Administrator of the Russian Arbitration Center (RAC), to join Ivanyan &amp; Partners law firm as partner.

Andrey has been at the helm of the RIMA since its foundation in August 2016, and had supervised the project to create the RAC in the six months before that.

In the last three years, under Andrey’s direction and supervision, the RAC succeeded in inviting over 350 of the best Russian and foreign arbitrators, drafting one of the best arbitration rules, opened three regional divisions and one specialized division, organized numerous events on the development of ADR, and gained a reputation of a truly professional arbitral institution not only in Russia, but also abroad.

As Director of the RAC, Andrey assembled a talented team, working daily to develop and promote arbitration meeting the best global standards and practices, in Russia.

“The RAC has indeed reached serious heights thanks to the coordinated work of the entire team – the Executive Administrator, the employees of the Administrative Office and the members of the Board. We hope that the Russian Arbitration Center will keep up its work and continue demonstrating high quality performance in all areas of its professional activity,” says the President of the RAC Board and President of the Russian Federal Chamber of Lawyers, Yury Pilipenko.

Andrey has also been nominated for the position of member of the RAC Board, whose composition will be renewed in December 2019 – January 2020.

The office of the RAC Executive Administrator and the General Director of the RIMA will be taken up by Yulia Mullina. From the beginning of 2016, Yulia had worked on the project to create the RAC, and is now the Legal Counsel for the RAC.

“Yulia had been there since the very first day of the project to create the RAC and has a lot of love and care for the RAC and its tight-knit team, same as me. Yulia has a clear understanding of the goals and objectives the team faces in the long-term: to promote and develop arbitration in Russia, as well as to keep enhancing the quality of administration of disputes at the RAC in order to meet the demanding requirements and expectations of our customers and arbitrators. Throughout three and a half years, Yulia has been active in almost all areas of the Center’s work and has proven herself to be a talented and vigorous member of the team. I have no doubts that in the new capacity of Executive Administrator, too, Yulia will keep the RAC growing at the same pace and lead its team to new successes,” Andrey Gorlenko says.

Andrey Gorlenko will be stepping down as General Director of the RIMA and the Executive Administrator of the RAC

On 25 October 2019, Roman Khodykin presented his book “A Guide to the IBA Rules on the Taking of Evidence in International Arbitration”.
Citation:
Roman Khodykin, Carol Mulcahy, A Guide to the IBA Rules on the Taking of Evidence in International Arbitration / Consultant editor - Nicholas Fletcher QC. - Oxford University Press, 2019
Роман Ходыкин, Кэрол Мулкахи. Комментарий к правилам Международной Ассоциации юристов о получении доказательств в международном арбитраже / под ред. Николаса Флетчера QC. Издательство Оксфордского Университета, 2019
Anton Asoskov, who moderated the presentation and the discussion that followed, delivered an introduction, stressing the importance of fundamental research on this topic.
The IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules) are widely applied in international commercial arbitration. The Queen Mary University of London <a href="http://www.arbitration.qmul.ac.uk/media/arbitration/docs/2015_International_Arbitration_Survey.pdf">2015 International Arbitration Survey</a> has shown that over 77% of respondents from countries all over the globe were not only familiar with the IBA Rules, but have applied them in practice. The IBA Rules owe their widespread use to the fact that the rules of arbitral institutions usually contain no detailed regulations of the taking of evidence in the course of international arbitral proceedings. Despite a considerable interest the topic has for practitioners, scholarly research on it is very scarce, and the book presented is an attempt to close that gap.
During the presentation, Roman Khodykin spoke of the current regimes of taking of evidence in international arbitration, the advantages of the IBA Rules that facilitated their frequent use in practice, as well as of the problems that the parties that agreed to apply the IBA Rules in their arbitration may face.
Mr. Khodykin gave special attention to the differences between the IBA Rules and the recently adopted Rules on the Efficient Conduct of Proceedings in International Arbitration (the Prague Rules). These distinctions concern, in particular, the possibility of requests for written evidence, the status of witnesses, experts, representatives of the parties, and various types of privilege.
The lecture was followed by a Q&amp;A session, where Roman Khodykin answered questions on how commonly the IBA Rules are used in Russia; how the application of the IBA Rules may affect the public order in a particular jurisdiction; as well as received thanks for presenting the Guide in Russia.
See photos <a href="https://www.facebook.com/pg/centerarbitr.russia/photos/?tab=album&amp;album_id=787421905005391">here</a>.

A Lecture by Roman Khodykin: Presentation of “A Guide to the IBA Rules on the Taking of Evidence in International Arbitration”


On 18 October 2019, the Russian Arbitration Center hosted the third CIArb Introductory Course to International Commercial Arbitration.
Participants from Russia, Hungary, UK, Cyprus and Italy attended a full-day lecture delivered by the distinguished course leader George Lambrou (Partner at Keystone Law, London, FCIArb).
The previous courses organized by the Russian Arbitration Center and the Chartered Institute of Arbitrators in December 2017 and August 2018 received positive feedback.

The CIArb Course “Module 1. Law Practice & Procedure of International Arbitration” started on 19 October 2019 with the workshop covering such topics as the history of arbitration, arbitration agreements, the commencement of arbitration, formation of arbitral tribunal, etc.
The next workshops of the Module 1 will take place in November and December 2019.
Participants who will pass an exam on 12 December 2019 may acquire the Membership of CIArb (MCIArb).

Courses in International Arbitration by the Chartered Institute of Arbitrators (CIArb) and the Russian Arbitration Center

The Russian Arbitration Center has prepared a chapter on arbitration in Russia for the annual ICLG Guide to International Arbitration for 2019.
The chapter comprises 15 modules covering the most essential aspects of arbitration in Russia, including the arbitration agreement, legislation on arbitration, choice of applicable law, provisional measures, submission of evidence, confidentiality, annulment and enforcement of awards. 
See our chapter <a href="https://iclg.com/practice-areas/international-arbitration-laws-and-regulations/russia?fbclid=IwAR16o0_pol6zGFCdzDdVgxCePuIIxEk8j7c34trPwzuJ_C7GcszEfYiQeAc">here</a> (in English)
The annual Guide to International Arbitration poses universal questions to be answered by the best national experts on arbitration across 52 jurisdictions from Albania to Zambia.
The ICLG.com website is owned by the English media company Global Legal Group, specializing on the legal market. Since 2003, ICLG.com has been publishing up-to-date comparative legal information on diverse areas of the legal practice, including news, guides and expert analytics, freely available on the website.
See the full Guide <a href="https://iclg.com/practice-areas/international-arbitration-laws-and-regulations">here</a>.

The Russian Arbitration Center’s Chapter on Arbitration in Russia for an International Guide

From 5th to 10th of August 2019 Russian Arbitration Center held the first Summer Academy “International Arbitration in Russia and the CIS”. 75 applications for participation in the Academy were filed and only 20 of them have been selected (among which are applicants from Minsk, Moscow, Omsk, Saint Petersburg and Vladivostok). To be selected as a participant of the Academy, it was required to have at least 2 years of working experience and to be interested in dispute resolution. Moreover, candidates for the Summer Academy were asked to elaborate on two issues: first, on their professional activities and, second, on the ADR trends in Russia and the CIS.
Lectures and workshops were conducted by prominent experts in the field of arbitration and ADR – partners and associates of the largest Russian and international law firms, including E. Mazetova, M. Galperin, J. Kalish, Y. Babichev, R. Zaitsev, D. Parchajev, A. Yadykin, A. Panov, A. Dudko, E. Chilikov, D. Andreev, E. Vanas-Metzler, D. Kaysin, A. Grishchenkova, K. Udovichenko, N. Gulyaeva, G. Lambrou, S. Alekhin, I. Rachkov, N. Kislyakova, M. Zhurava, E. Kuznetsov, S. Morozov. Some of the classes were taught by the representatives of the Russian Arbitration Center – namely, by Executive Administrator Andrey Gorlenko and Legal Counsel Martin Kroll.
During the classes the speakers of the Academy covered a wide range of topics, including arbitrability of disputes, drafting of arbitral agreements and mediation. Natalia Gulyaeva (Hogan Lovells) delivered a lecture on IP arbitration, whereas Anna Grishchenkova (KIAP) brought light to the issues of selection and appointment of arbitrators and work with evidence and experts in international commercial arbitration.
Several classes were conducted in English. For instance, Deputy Secretary General of VIAC Elisabeth Vanas-Metzler told about activities of Vienna International Arbitration Centre, which has recently been authorized to administer arbitration in Russia. George Lambrou (Keystone Law) compared civil and common law approaches to international commercial arbitration.
At the conference “Arbitration in the CIS States” seven foreign experts talked about the latest tendencies and specifics of arbitration development in the states of the CIS: Maryia Zhurava (Danilevich Law Office, Belarus), Andrey Bychkov (Ilyashev and Partners, Ukraine), Sophie Tkemaladze (Georgian Association of Arbitrators, Georgia), Mushegh Manukyan (Three Crowns (USA), Armenia), Edward Kuznetsov (Marine Legal Bureau, Latvia), <a href="https://www.facebook.com/alenkina.n?__tn__=K-R&amp;eid=ARD4o_c1HVEYdbRsN_HT93nvgLFlfAZiDPkXVN2z07j64ubjIDWdxBTmenGp2pH20K_dZ4uTi8kT0qkb&amp;fref=mentions&amp;__xts__%5B0%5D=68.ARAJ-FqMHXuYjz8RaK84A8EFcSX4wdMbIn0WFm5nH2dBJdXQf4fJLzZzlkhqCmjtvFW6GoSxD6Vq7IIsTKzy9AAPIs94VjiD7iRoPAbZty-Lcb_K0mdWJBnsKbFTLxwWnVILumE2KClLZnJ-0ZLfu6TbKOEe2pcIVMGNjsPceu2wJFaYwIkFjtHRuNseD_9MJ8eTyKpUvAwfY6PsyqPsPd7eE-h7jHVsXL029MxzdovEA-iXaYmmQvmMEPDkFyl-yJwbAobPtH-LxUlVdfXcDYm4o5PMq0ADk4pvhA5hRh2Akk9Ei9IaPFh1peMVqqAN7M9RLEytInsLf-2fR_2Rs3E">Natalia Alenkina</a> (American University of Central Asia, Kyrgyzstan), Denis Parchajev (Motieka & Audzevicius, Lithuania).
As a part of the final day of the Academy, participants had a chance to apply their new knowledge in practice during an arbitration moot court. This event was a model of real arbitration proceedings: organizers offered participants of the Academy to create teams, study the case, prepare a legal position and present it before an international arbitral tribunal, comprising of George Lambrou (UK), Natalia Alenkina (Kyrgyzstan) and Egor Chilikov (Russia). Afterwards participants received a feedback on their presentations from the arbitrators.
On Saturday evening the moot court was followed by a reception, where participants of the Academy had a chance to discuss the results of the event, and organizers of the Academy handed out certificates and gifts from the partners of the Academy.
Feedback of the participants of the Summer Academy:
“I liked a lot how everything was organized. Even if we compare it to the university education, here we had more practice and more intensive courses. Speakers have great experience since most of them are partners of law firms, and they are delighted to share it. This way participants acquire skills that are more practical. Delivered theoretical information is up to date, while it tends to be outdated in universities. And I liked the management of the Academy: the building is very commodious, all the relevant materials are sent by email on a daily basis and all the participants are provided with beverages (water and coffee).
Kaysin (Dmitry Kaysin, EPAM) conducted a very interesting class. Although the participants were provided with relevant material for preparation, we still made mistakes, but this is what stands out, because if you make mistakes, this makes you remember the right answers”. 
Arina Guryanova, 
Solo practice in dispute resolution in Russian state courts
“I am dealing with dispute resolution in state courts and I want to note that I was excited to attend this course, even though international arbitration is not my domain, I am only indirectly related to it. Nevertheless, it was very useful broadening horizons wise. I would particularly like to highlight the lectures by Anna Grishchenkova. They were the most interesting, memorable and practically applicable for me. Thank you for this opportunity and for organization of such an event”. 
Gleb Gavrilin, 
Associate at “Gurichev, Malinin and Partners”
Russian Arbitration Center expresses gratitude to the partners of the Summer Academy: <a href="https://epam.ru/rus/">Egorov, Puginsky, Afanasiev & Partners</a>, <a href="https://www.mzs.ru/ru/">Monastyrsky, Zyuba, Stepanov & Partners</a>, <a href="https://www.hoganlovells.com/">Hogan Lovells</a>, <a href="https://www.beiten-burkhardt.com/en">Beiten Burkhardt</a>, <a href="https://bclplaw.ru/">Bryan Cave Leighton Paisner Russia</a>, <a href="https://pchlaw.ru/">Petrol Chilikov</a>, <a href="https://www.dentons.com/ru">Dentons Law Firm</a>, <a href="https://www.kiaplaw.ru/">KIAP</a>, <a href="https://www.freshfields.com/en-gb/">Freshfields Bruckhaus Deringer</a>, <a href="http://www.nsplaw.com/ru/">Nektorov, Saveliev &amp; Partners – NSP</a>, <a href="https://www.regionservice.com/">Regionservice Law Firm </a>, <a href="http://www.mlb.lv/">Marine Legal Bureau</a>.
Special gratitude to our information partners: <a href="http://www.cisarbitration.com/">CIS Arbitration Forum</a>, <a href="https://zakon.ru/">Zakon.ru</a>, <a href="http://legalinsight.ru/">Legal Insight Magazine</a>, <a href="https://lfacademy.ru/">LF Academy</a>, <a href="https://www.theparagraph.ru/">The Paragraph Magazine Russia</a>.
<a href="https://yadi.sk/d/lzjdzWxBb4yBTQ">Follow the link</a> for the photographs.
Information on the Second Summer Academy at the Russian Arbitration Centre will be published in May 2020.

Summer Academy “International Arbitration in Russia and the CIS”

[contests_years cat="vis-ru"]

Willem C. Vis International Commercial Arbitration Moot is the most well-known competition in the sphere of private law and arbitration annually hold in Vienna and Hong Kong. 
Arbitration proceedings between parties to an international sale of goods contract are simulated within the contest.
For more detailed information, visit the <a href="https://vismoot.pace.edu/">official page of the competition</a>.
Since 2019, Russian Arbitration Center has organized Willem C. Vis Moscow Pre-Moot.

Willem C. Vis Moscow Pre-Moot

[contests_years cat="fiamc-ru"]
Frankfurt Investment Arbitration Moot Court (FIAMC) – student competition in the area of investment arbitration gathering each year more than 40 teams from all over the globe.
The competition is organized as simulated international arbitration proceedings between an investor and a host country. Specialists with a significant experience in investment disputes act as arbitrators in a moot court.
Teams represent their positions in a dispute based on historic events and concerning the most topical questions of jurisdiction and merits (standards of protection in international investment treaties). Traditionally, there are 9 questions given for the teams’ analysis.
The competition comprises 2 stages:
The first stage (written) – preparation of skeleton arguments to be further introduced to the opposing team 30 minutes before the oral round.
Second stage (oral) – presentation of legal arguments by the Claimant and the Respondent.
For more detailed information, visit the official page of the competition (<a href="http://www.investmentmoot.org/">http://www.investmentmoot.org/</a>)
Russian Arbitration Center has organized FIAMC Pre-Moot in Moscow.

FIAMC Pre-Moot

[contests_years cat="mozolin-ru"]
&nbsp;
Russian Arbitration Center has become one of the first arbitral institutions that introduced Rules on Arbitration of Corporate Disputes (Chapter 8 of the Arbitration Rules). These arbitration rules are applicable for arbitration of a dispute described in the problem of the moot court competition named after Professor V.P. Mozolin
Moot court provides students with a great opportunity to understand how corporate and procedural legislation applies in practice, as well as to develop practical skills that are crucial and necessary for a modern lawyer:
<ul>
<li>Analysis of legal problem and factual circumstances of the dispute;</li>
<li>Research of legislation, court practice and legal writings;</li>
<li>Preparing written submissions of case;</li>
<li>Preparing an oral presentation of case in front of arbitral tribunal;</li>
</ul>
The moot court comprises written and oral parts.
_________________________________________________________________________________
<img class="alignnone wp-image-702" src="http://modernarbitration.ru/wp-content/uploads/2017/07/IMAGE-2017-07-11-190623-2-1024x398.jpg" alt="" width="583" height="227" />

Corporate Arbitration Moot Court named after Professor V.P. Mozolin

<h3>3rd Moscow FIAMC Pre-Moot: Conference and Rounds</h3>
On 15-16 February 2019, Russian Arbitration Center at Russian Institute of Modern Arbitration, in partnership with the Moscow office of international law firm Debevoise &amp; Plimpton, and with the support of Young Institute of Modern Arbitration, held the 3rd traditional rounds of the Moscow FIAMC Pre-Moot.

This year’s edition of the Moscow FIAMC Pre-Moot gathered 7 teams from different universities worldwide: Vienna University (Austria), Goethe-University (Germany), University of Ljubljana (Slovenia), Peking University School of Transnational Law (China), Lomonosov Moscow State University (Russia), Moscow State University of International Relations (MGIMO) (Russia) and Ural State Law University (Russia).

Traditionally, on 15 February, the Conference “Pertinent Issues of International Investment Law Arising in FIAMC 2019 Case” gathered prominent international investment arbitration practitioners, highlighting the issues contested in this year’s case problem, moderated by Samantha J Rowe (Partner, Debevoise &amp; Plimpton, London).

The first session of the Conference comprised the following speakers and presentation. Samantha J Rowe (Partner, Debevoise &amp; Plimpton, London) addressed the issue of jurisdiction ratione temporis in investment arbitration and retroactive effect of investment agreements. Christophe Guibert de Bruet (Counsel, Lalive, Geneva) analyzed the individual rights under interstate treaties. Miloš Ivković (Counsel, OBLIN, Vienna) discussed the procedural and substantive implications of MFN clauses.

During the second session, Dmitry Dyakin (Partner, EPAM, Moscow) talked about third-party intervention in investment arbitration. Also, Yuri Babichev (Counsel, Brian Cave, Moscow) addressed the issue of previous statements of an arbitrator as a ground for challenge, while Sergey Alekhin (Associate, Willkie Farr &amp; Gallagher, Paris, Co-Chair of Young IMA) considered admissibility of unlawfully obtained evidence in international arbitration.

The panel concluded with the presentation by Ksenia Koroteeva (MIDS LL.M Candidate, Geneva), who was a member of the best team and the best speaker during the first Moscow FIAMC Pre-Moot in 2017, addressing war clauses in investment arbitration.

On 16 February, the teams participated in the oral rounds during the whole day. As a result of the elimination rounds, the team of Vienna University faced the team of MGIMO-University in the final round. The arbitral tribunal composed of Miloš Ivković, Sergey Alekhin and the presiding arbitrator Christophe Guibert de Bruet awarded the title of the best team of the 2019 Moscow FIAMC Pre-Moot to the team of MGIMO-University.

The photos from the 2019 FIAMC Moscow Pre-Moot are available at our <a href="https://www.facebook.com/pg/centerarbitr.russia/photos/?tab=album&album_id=635478760199707&__tn__=-U-R">FB page</a>.

3rd Moscow FIAMC Pre-Moot: Conference and Rounds

Arbitration Center at the Institute of Modern Arbitration is glad to present a new initiative – Young Institute of Modern Arbitration (Young IMA) – a platform for young practitioners in arbitration and ADR.
It has already become a worldwide tradition to launch such groups under the auspices of the leading international arbitral institutions – the experience of the Young ICCA, YAF ICC, YAS, YIAG demonstrates its importance and significance for forming a new generation of professionals in arbitration and ADR.
Young IMA has been launched to promote and develop a unified professional community of young Russian professionals in arbitration and ADR. Young IMA has 3 main guiding principles:
<ul>
<li>Practical orientation: the results of the work by the members of Young IMA (scientific and practical researches, constructive proposals for improving the practice of administering arbitration and forming pro-arbitration approaches in legislative and court practice) can be applied in the arbitration and ADR practice;</li>
<li>Institutional cooperation: collaboration with the Institute of Modern Arbitration in organizing the activities and events of Young IMA;</li>
<li>Regional integration: active involvement of the arbitration communities of the Russian regions.</li>
</ul>
We are honored to introduce the Chairs of the Young IMA:
Dmitry Andreev, attorney, lawyer Monastyrsky, Zyuba, Stepanov &amp; Partners, LL.M,
Sergey Morozov, associate, Beiten Burkhardt, LL.M,
Sergey Alekhin, attorney, associate Willkie Farr &amp; Gallagher LLP, Paris
Olga Tsvetkova, attorney, senior associate Egorov, Puginskiy, Afanasyev and partners, LL.M,
Evgeniya Chervets, attorney, head of practice Regionservis, LL.M.
The presentation of Young IMA was held on 1 December 2017, during the Conference at the first Russian corporate arbitration moot court.
In addition to holding educational events (conferences, lectures, courses, workshops, moot courts, round tables, discussions), the coming plans of Young IMA are:
<ul>
<li>Establishment of committees for work on various aspects of ADR;</li>
<li>Launching of the online platform for blogs on topical issues of arbitration.</li>
</ul>
We invite all interested and motivated young practitioners to join Young IMA – to become a member of Young IMA fill in the <a href="https://docs.google.com/forms/d/1qhTvq9KInDnX7ucO-TjA2GpCRwjrCT3paYHexbQ-KiY/viewform?edit_requested=true">Registration form</a>.
New ideas and suggestions are welcomed!

Young Institute of Modern Arbitration – New Group for Young Arbitration Practitioners Steered by the IMA

The transitional period envisaged by the new law on arbitration in Russia enacted in September 2016 expires today. As of now only those arbitration institutions that comply with the high standards of the new law and that have obtained authorization from the Russian Government are entitled to administer arbitration in Russia.
Arbitration Center at the Institute of Modern Arbitration is one of the first arbitral institutions in Russia that obtained the status of the permanent arbitration institution (PAI). During the transitional period the activities of the Arbitration Center were aimed at promoting and developing arbitration in Russia.
The nearest plans of Arbitration Center at the institute of Modern Arbitration are:
<ul>
<li>conducting practical trainings for arbitrators;</li>
<li>organizing arbitration moot courts for students, including the first Russian <a href="http://modernarbitration.ru/en/2017/07/13/first-russian-moot-court-on-arbitration-of-corporate-disputes/">moot court on arbitration of corporate disputes</a> on 1-2 December 2017;</li>
<li>organizing round tables and conferences in the Far Eastern Region of Russia, including based in the recently opened Far East Division of the Arbitration Center in Vladivostok;</li>
<li>developing cooperation in the Asia-Pacific region;</li>
<li>organizing <a href="http://rad.lfacademy.ru/en/">Russian Arbitration Day 2018</a>.</li>
</ul>
The Arbitration Center administers arbitration in a modern and efficient manner. Our goal is an impartial, professional and final resolution of disputes of any complexity in accordance with the world-class standards.

New Era of Arbitration in Russia

<img class="alignnone size-large wp-image-772" src="http://modernarbitration.ru/wp-content/uploads/2017/09/ProfDolzer-1024x682.png" alt="" width="700" height="466" />
Should investment arbitration be reformed? Is it essential to have “antenna for politics” to succeed as an arbitrator? What makes energy disputes one of the most exciting cases in arbitration? Which principles should guide an expert in an arbitration case? What should law students focus on today?
Professor Rudolf Dolzer, co-author of the “bible” of international investment law, addresses these and some other questions in his recent interview to the Arbitration Center at the Institute of Modern Arbitration (IMA). 
The Arbitration Center at the IMA expresses its gratitude for assisting in taking this interview to Nikita Kondrashov (Associate, Luther Rechtsanwaltsgesellschaft mbH, Hamburg), Elena Burova and Ksenia Koroteeva (Experts at the Administrative Office of the Arbitration Center at the IMA).
I. ACADEMIC EXPERIENCE
1. You regularly deliver lectures in the universities all around the world and interact a lot with students and young arbitration practitioners. What, in your opinion, differ young generation of law students of these days from the one of your time? What would you recommend law students and young practitioners to pay more attention to?
The main difference is certainly the internationalization of the legal education. When I was student, it was considered exotic for a law student to study abroad. In a seminar that I taught recently in Bonn, 14 out 18 of students were Germans who had studied abroad or foreign students who had come to Bonn. And most of the arbitrators have in common that they have studied abroad. This is not surprising, given the nature of international arbitration which often involves more than one legal system and also requires language skills. It is well-known that international arbitration has borrowed many features from the Anglo-American sphere, and an understanding of U.S. law or English law therefore will promote a career in international arbitration, regardless of personal preference.
Another aspect of legal education has been changing in many parts of the world, perhaps less noticeable at first sight. I refer to the difference between a strictly theoretical-conceptual approach to teaching (as often found formerly in civil law systems with abstract codifications) and a manner of teaching which also helps the student to focus on the special facts and circumstances of a given case. My experience has been that a good legal education has to teach the student both dimensions of the law and the legal process. In Europe and in other regions, we need to improve the skills of students to apply the law to a case; in the Anglo-American sphere, capacity of conceptual thinking can often be improved. I believe that legal writing and legal teaching has been changing in the past decades in this respect in some ways, but I also think there is much room for improvement.
A third difference is that today students are more focused on their specific curricula and good grades which help them in their careers. Formerly, students often pursued broader interests and attended more courses which were not decisive for their grades. Sometimes I wish today that students would have more time and leisure to look beyond their daily task of attending their prescribed courses.
2. You co-authored one of the leading books on international investment law, an absolute must-read for every student and young lawyer specializing in this field.<a href="#_ftn1" name="_ftnref1">[1]</a> The book has now come through two editions. Are there any plans (that you are ready to reveal) to present a new edition of the book? If yes, what new aspects and perspectives do you plan to address in the new edition?
Yes, Professor Schreuer and myself plan to write a third edition of “Principles of International Investment Law”. The second edition was written in 2011, and thereafter more than 200 new awards were rendered, bringing significant new developments. We would like in our new edition to update the book in the light of the new awards and trends. Possibly, the new publication will appear in 2018.
The basic concept of the book will not change. In contrast with other books, the strong focus is on the law as its stands, in the light of the existing jurisprudence. We seek to place the law into its proper context, and our primary aim is not to produce our subjective viewpoints. From a strictly academic viewpoint it may be more interesting to portray the law as it should be or might be, but we think it is important in the first place to make the students familiar with the law as applied, so that they will be able to use their knowledge in practice. I think that the success of the book supports and justifies this approach. Also, we shall again seek to present the state of the law, to the extent possible, in clear and simple terms with reference to basic principles.
In our view, this is the best way to allow students and young practitioners to understand the law. In this sense, we shall also continue to quote passages of important decisions so that the reader has a clear view of what was said or not. With the sharply rising number of new awards, our approach to present basic and comprehensive principles will become more difficult to achieve.
II. EXPERIENCE IN INVESTMENT ARBITRATION 
1. You have some considerable career background in politics – does this experience anyhow help you working in international investment law and arbitration?
Only very few arbitrators have experience in the political level. In other words, political experience is in no way necessary to be successful as an arbitrator. There is no single path to become an arbitrator. Most come from important law firms, some come from academia. Some are specialists in procedural law, others in private law or, as in my case, in international law. I know of one arbitrator who was chosen because of his new political experience. I have seen no case in which the arbitrator had a famous name known in international politics. However, that person was not nominated in a second case.
<blockquote>
Knowledge of arbitration law and the skill to apply it to a case is necessary, also, nominating parties will seek a person able and willing to communicate with their arbitrator colleagues and convince them of their viewpoint.
</blockquote>
Nevertheless, my experience has been that an antenna for politics can sometimes be helpful. In investor state arbitration, it is not uncommon that cases are connected with political events or developments. And in these cases, political experience may help better to understand and evaluate relevant factual situations.
2. You acted as an emergency arbitrator in one of the first known emergency arbitrations in investment treaty dispute. In your opinion, does the mechanism of emergency relief in disputes against States need to be improved? If yes, how?
Emergency proceedings have now become accepted by most of the major arbitration institutions. The traditional rules have not always allowed a response that was fast enough to secure legitimate interests of a claimant.
We shall have to wait and see how emergency proceedings work out in practice. In the first place, the balance of speed and thoroughness has to be considered. The second issue concerns recognition and enforcement of emergency decisions by national courts; compliance may often depend on the willingness of national courts to give effect to a decision. In the case in which I acted under the emergency rules of the SCC, the competent Ukrainian Court recognized the legitimacy of the decision rendered.
3. You were involved in different capacities (both as an arbitrator and an expert) in several investment arbitration disputes in the energy sector. What makes this sector so interesting for you in terms of arbitration? 
<blockquote>
Energy is the lifeblood of each economy.
</blockquote>
And the sources of traditional energy are spread around the world, independent of the places where they are used. So sovereignty plays a central role, as does the need for transborder cooperation.
The international governance of energy has become a laboratory for the conduct of international relations. Fifty years ago, the Western oil companies (“the Seven Sisters”) controlled 90% of the global oil reserves, today that figure is about 15% - the biggest transformation of economic geopolitics in modern history. I was always curious to study the details of this narrative and of today’s arrangements.
When I become involved in energy arbitrations, I have found out that no systematic comprehensive studies existed of the petrobusiness from the viewpoint of international law. I started to make notes and decided to write my own book on the subject matter and signed a contract with an English publishing house. I think the book will now be finished in 2018. It will focus on upstream contracts between States and foreign companies.
The energy sector accounts for more than 25% of all major arbitrations, and many cases reflect fascinating political developments. I am convinced that the sovereign right to dispose of energy sources and access to these sources may be the real international currency of the future.
4. Your arbitration profile involves many cases where you acted as an expert. From your expert’s perspective, what can you name as best practices of a party-appointed expert in terms of (i) acting in front of the arbitral tribunal; (ii) interacting with a party that appoints an expert?
A party-appointed expert has to declare that he is independent and that he states his view according to his belief.
Often, the client will ask the expert to review an issue and to discuss it.
<blockquote>
Here, the expert will best serve that client’s interest when he is open and frank in pointing to the pros and cons of a position, so that the client will know what to expect from the opponent and from the tribunal. Sometimes, this may mean that the client will refrain from an engagement or will not submit an expert report to the tribunal.
</blockquote>
As regards the appearance before a tribunal, the task is in principle the same. Given the Anglo-American tactics of cross-examination, sometimes in rough ways, experience of the expert is important and equally, thorough reflection and preparation which allows the expert to focus on the real issues and not to be confused by particular questions asked by Counsel. With no notes and documents, experts have to respond for three or four hours in important cases, and in some respects their task will be amongst the most difficult ones in the proceedings.
My experience has been that the expert must have a full understanding of the case, including the factual submissions. In most cases, the opponent (or the tribunal on its own) will ask the expert to apply the law to the facts. In case the expert has to admit that he is not aware of the factual submissions of the parties, his answer will not be helpful enough. Often, the application of a rule or principle may be as difficult, and important, as the abstract content.
4. You co-authored one of the first publications on bilateral investment treaties.<a href="#_ftn2" name="_ftnref2">[2]</a> What do you see as the main directions for future treaty-making? What future treaty drafters should particularly focus on to make a workable and efficient investment treaty? 
The purpose of BITs was to promote cross-border investments, and more than 3000 such treaties have contributed to this goal, as one element in the formation of the investment climate. Many states continue to rely on foreign capital, skills and know-how for the development of their economy, but they have to compete with neighbours and other states when they seek to attract foreign companies. China has been the recipient of most foreign investment in the Southern hemisphere, and China has concluded most BITs.
Over time, BITs have become more lengthy and complex, especially those of the United States. Environmental concerns, but also labor issues and social matters found their way into BITs as a result of domestic political processes.
Now, the task is to concentrate, once again, on the basic purpose of BITs as investment agreements and to find the right balance without losing sight of that purpose. Each State has the sovereign right to determine its own policies and to make the choices which it deems useful for its society.
6. Do you consider the existing investor-state dispute settlement (ISDS) mechanism to be “dead”? Shall it be subject to significant changes? Is it possible to find a better ISDS mechanism than arbitration? What do you think about an idea of an “institutionalized investment court” put forward by EU-Commission?
The ISDS system has been criticized from many corners, informed and uninformed, but it is far from dead.
<blockquote>
Before we introduce a basic reform, we need to assure ourselves that the cure will bring real improvements. Yes, ISDS has its weaknesses. But the crucial point is whether we find a better system. Sometimes, we simply have accepted side effects.
</blockquote>
Of course, we need to stop and ask where deficits can be improved. The ISDS was accepted in practice, has contributed to a rule-based international economy and has helped to depoliticize investment disputes, its downsides notwithstanding. Reforms should take these features into account. So far Europe was the most active player calling for basic reforms such as the introduction of a permanent investment court. But the United States, for instance, or Japan have not been convinced about the need for such a change. In my view, we should not hasten to give up the positive sides of ISDS.
<a href="#_ftnref1" name="_ftn1">[1]</a> Rudolf Dolzer and Christoph Schreuer, Principles of International Investment Law.
<a href="#_ftnref2" name="_ftn2">[2]</a> Rudolf Dolzer and Margrete Stevens, Bilateral Investment Treaties, 1995.

Interview with Professor Rudolf Dolzer

Arbitration Center at the Institute of Modern Arbitration announces the launch of the first Russian student moot court competition on arbitration of corporate disputes.
We invite students of all Russian law schools to participate there!
Moot court competitions provide great opportunities for students to develop practical skills that are crucial and necessary for a modern lawyer:
<ul>
<li>Analysis of legal problem and factual circumstances of the dispute;</li>
<li>Research of legislation, court practice and legal writings;</li>
<li>Preparing written submissions of case;</li>
<li>Preparing oral presentation of case in front of arbitral tribunal;</li>
<li>Rebuttal and reaction to the arbitrators’ questions;</li>
<li>Effective team work.</li>
</ul>
The idea of this moot court competition is particularly interesting, considering that, as of 1 September 2017, the arbitration law allows conclusion of arbitration agreements regarding corporate disputes, provided that some categories of corporate disputes shall be decided in accordance with special arbitration rules. Arbitration Center at the Institute of Modern Arbitration has become one of the first Russian arbitral institutions that have adopted the special rules on arbitration of corporate disputes (Chapter 8 of the Arbitration Rules 2017). These arbitration rules will be applicable for arbitration of the dispute described in the problem of the moot court competition.
The moot court is dedicated to commemorating Professor Victor Mozolin (24 November 1924 – 15 February 2015) – distinguished Russian lawyer and scholar, the author of the first research of corporations under the U.S. law in Russian (1966).
The moot court is organized  with the support of Russian law firms “ALRUD” and “Ivanyan and Partners”.
Apart from the opportunity to get useful feedback regarding written submissions and oral presentations of the case from the leading practitioners and lecturers of the Russian law schools, the best participants will be invited for the internship in the Russian law firm “ALRUD”.
Date: 2 December 2017
Registration for teams is <a href="https://docs.google.com/a/my.mgimo.ru/forms/d/e/1FAIpQLScY5GjpEJRtKYt-P1bIcp1_YW1cQ1sb78xWAnOnrNYZvlANIg/viewform">available here</a> and runs until 15 September.
Registration for arbitrators is available <a href="https://goo.gl/forms/bKUr0cWIPlkyvXJN2">here</a>.
You can see <a href="http://modernarbitration.ru/wp-content/uploads/2017/08/правила_конкурс.pdf">the rules of moot court</a> and its <a href="http://modernarbitration.ru/wp-content/uploads/2017/08/Фабула-с-приложениями.zip">problem</a> with annexes (in Russian).

First Russian Moot Court on Arbitration of Corporate Disputes

[contests_years cat='fdi-en']
Foreign Direct Investment International Arbitration Moot (FDI) is a student moot court competition in investment arbitration, comprising more than 50 teams from the universities all around the world.
The teams argue the case based on the mock dispute between a foreign investor and a host state that addresses most topical issues of jurisdiction and merits (standards of protection of foreign investors in investment treaties). There are usually 5 legal issues to analyze. 
The FDI Moot Court involves 2 stages:
1st stage – submission of written memoranda (arguments both for claimant and respondent).
2nd stage – oral rounds (presentation of arguments before the arbitral tribunal).
For more detailed information, visit the <a href="https://vismoot.pace.edu/">official page of the competition</a>.
Russian Arbitration Center in cooperation with in cooperation with Saint Petersburg State University and Saint Petersburg University Moot Court Society organizes the contest.

FDI 2017 Saint-Petersburg Pre-Moot

On June 4, 2017 Hong Kong amended its Law on Arbitration and Mediation 2016 legalizing third party funding. Third party funding is where a third party (without any connection to the dispute) finances all or part of the arbitration costs in return for a fee payable by the funded party after the dispute is decided.
According to the leading specialists, such amendment would contribute to the development of Hong Kong as a place of international arbitration. 
The provisions allowing third party funding will come into force later this year. Meanwhile the Code of Practice is being developed so as to guarantee that third party funding is used in good faith without any abuses.
Previously the legality of the third party funding was questioned due to the doctrine of “maintenance and champerty”. After the amendment comes to force, third party funding will be unambiguously allowed in Hong Kong like in Singapore.

Hong Kong officially allows third party funding

Saint Petersburg International Legal Forum 2017 is over. This year several thousand delegates from all over the world participated in the Forum. The team of the Arbitration Center at the Institute of Modern Arbitration has also taken active part in this main legal event of the year 2017 in the Russian Federation.
Arbitration of corporate disputes: to be or not to be?
On May 19, the discussion session Corporate and Complex Business Disputes in Arbitration. New Opportunities and New Challenges took place. During the session, the speakers discussed new opportunities and prospects of arbitrating corporate and complex business disputes in the context of the arbitration reform. One of the main issues on the agenda was whether the Russian arbitration institutions are ready to arbitrate corporate disputes? The panelists addressed, in particular, <a href="http://centerarbitr.ru/markup/application/corporate_disputes/rules.html">the Rules on Arbitration of Corporate Disputes adopted by the Arbitration Center at the Institute of Modern Arbitration</a> and the ICAC at the Russian Chamber of Commerce and Industry.
The panel comprised leading arbitration practitioners both from Russian and abroad: Wesley Wong SC (Solicitor General of Hong Kong), Laurence Wong (Singapore International Commercial Court), Francis Xavier (Rajah &amp; Tann Singapore LLP), Michael Swainston QC (Brick Court Chambers), Stefan Kroell (Bucerius Law School), Steven Finizio (WilmerHale), Anton Asoskov (Lomonosov Moscow State University), Alyona Kucher (Debevoise and Plimpton LLP), Vasiliy Kuznetsov (Baker Botts LLP), Dmitry Stepanov (Egorov Puginsky Afanasiev &amp; Partners).
Andrey Gorlenko, Executive Administrator, Arbitration Center at the Institute of Modern Arbitration, moderated the discussion session.
Arbitration Battle: Moot Court for Professionals
This year participants were involved in various sessions, workshops and business breakfasts, but not exclusively. They experienced a completely new way of interaction – moot courts.
Arbitration Battle: ILF v. RULF organized by the Arbitration Center took place on May 19, 2017. Teams and arbitrators had to decide a mock historical dispute arisen in XIX century out of a share-purchase agreement of the Stolichnaya Manufaktura. The dispute was decided in accordance with the Arbitration Rules 2017 of the Arbitration Center at the Institute of Modern Arbitration (IMA).
Team ILF consisting of the partners from major international law firms and representing the Claimant was recognized as a winner. The presentation of Alena Kucher (Debevoise &amp; Plimpton LLP), Natalia Gulyaeva (Hogan Lovells), Murat Akuev (Cleary Gottlieb Steen &amp; Hamilton LLC) and Vasily Kuznetsov (Baker Botts LLP) was legally perfect and extremely creative. The team members were singing while presenting their case. 
Team RULF and its legal position were also highly estimated by the arbitrators Anton Asoskov (Lomonosov Moscow State University), Irina Shitkina (Lomonosov Moscow State University) and Ruslan Ibragimov (PJSС «MTS»). The arbitrators noted that the partners of  Russian law firms – Anna Grischenkova (KIAP), Maxim Kulkov (Kulkov, Kolotilov and Partners) and Dmitriy Stepanov (EPAM) – were incredibly inventive and diligent.
Otium Post Negotium: The First Ever Food Truck at Legal Street 
As a part of the cultural program of the SPILF 2017, the first ever food truck Arbitration Schooner has moored at the Legal Street on Thursday evening. After busy working day, full of legal events and discussions, the delegates could relax in the informal atmosphere, discuss program of the Forum, exchange their views on various topics and taste the best street food from the Cronus Cape crew.
We hope that the Arbitration Schooner will become the traditional guest of the SPILF Legal Street and the delegates will again enjoy the tasty food in the open air.
We would like to express our sincere gratitude to all the delegates of the Forum for their interest to our events: we are always happy to be in touch, share our views, discuss the topical legal issues and have a good time with you.
We would like to say special thanks to the Organizing Committee and the whole team of SPILF for their help in organizing the events of the Arbitration Center and for all their great professional work and brilliant results.
The photos of the event are available <a href="https://drive.google.com/drive/folders/0B1MZEHCfBNB9QWZmMU9oOVV6VEU">here</a>. 
The video records of the event are available on the SPILF website, in the broadcast section <a href="http://www.spblegalforum.ru/en/Broadcast">here</a>. For watching it, chose the relevant event in the list of records on the right.

Saint Petersburg International Legal Forum 2017: Round-Up

<img class="alignnone size-full wp-image-477" src="http://modernation.local/wp-content/uploads/2017/06/naima_en.png" alt="" width="485" height="153" />
On 10 February 2017, Institute of Modern Arbitration and National Alternative Investment Management Association (NAIMA) signed the agreement on cooperation related to the development and promotion of arbitration, including in the field of investment activities, in the Russian Federation.
Institute of Modern Arbitration was established in 2016 as a research and practice platform for modernizing arbitration in Russia. Institute of Modern Arbitration regularly organizes conferences and educational events related to the dispute resolution and development of arbitration. Institute of Modern Arbitration has also established the Arbitration Center, which main function is to administer disputes in a modern, efficient and professional manner based on the best global practices in this field (<a style="color: #00adef;" href="http://www.centerarbitr.ru/">www.centerarbitr.ru</a>).
National Alternative Investment Management Association aims at facilitating the influx of foreign capital into the Russian economy and forming a class of institutional investors focused on long-term investment. The Association was established in 2011 and purports to consolidate the efforts to develop the markets of direct and venture investments, real estate, infrastructure and other classes of alternative investments. The members of the Association are the leading Russian and foreign asset managing companies, audit and law firms, investment banks and development institutions.
The Agreement on cooperation is intended to facilitate promotion of alternative dispute resolution in the Russian Federation, including in the field of investment activities, as well as to improve investment climate and increase the attractiveness of Russia as a place for doing business.

Agreement on Cooperation with National Alternative Investment Management Association (NAIMA) Has Been Signed

On 27 January 2017, the Ministry for Justice of the Russian Federation decided to deposit the arbitration rules of the International Commercial Arbitration Court (ICAC) and the Maritime Arbitration Commission (MAC) at the Russian Chamber of Commerce and Industry, as reported on the <a href="http://tpprf.ru/ru/news/mkas-i-mak-pri-tpp-rf-pervye-v-rossii-postoyanno-deystvuyushchie-arbitrazhnye-uchrezhdeniya-pravila--i174854/" style="text-decoration:underline">website of the Chamber</a>.
The deposited rules are applicable to international commercial arbitration, as well as to arbitration of domestic and corporate disputes.
According to the provisions of the Law on Arbitration in force since 1 September 2016, the ICAC and the MAC are the arbitral institutions entitled to perform the functions of permanent arbitration institutions without a prior authorization from the Russian Government. At the same time the ICAC and the MAC have to comply with the requirements established by the Law on Arbitration with respect to arbitration rules and recommended lists of arbitrators.

ICAC and MAC at the Russian Chamber of Commerce and Industry Have Deposited Their Arbitration Rules with the Ministry for Justice

Starting from 1 February 2017 the parties to the majority of corporate disputes are allowed to submit their claims to arbitration administered by a permanent arbitration institution.
In other words, legal entities, its corporate members and counterparties can enter into arbitration agreements with respect to all types of arbitrable corporate disputes (ex. disputes related to the annulment of corporate resolutions or those related to the damages inflicted to the legal entity and claimed by its corporate members or those related to the powers and liability of the members of its governing and controlling bodies etc.). In particular, the arbitration agreement can be included into the charter of the legal entity.
Under the new Russian legislation on arbitration in force since 1 September 2016, the majority of corporate disputes can be submitted to arbitration administered by a permanent arbitration institution.
The new Law on Arbitration provides for a specific requirement with respect to particular types of arbitrable corporate disputes: arbitration shall be conducted under the special rules on arbitration of corporate disputes developed and adopted by permanent arbitration institutions.
The Law envisages a transition period: arbitration agreements with respect to these types of corporate disputes concluded before 1 February 2017 are not enforceable.
More information on the arbitration of corporate disputes can be found on <a href="https://zakon.ru/blog/2017/1/31/korporativnye_spory_v_arbitrazhe_s_1_fevralya_2017_goda_voprosy_i_otvety" style="text-decoration: underline">Corporate disputes in arbitration as of 1 February 2017. Questions and answers (in Russian)</a>.

Arbitration of Corporate Disputes: Shall We Begin?

The Federal Law № 463-FZ “On Amending the Second Part of Tax Code of the Russian Federation”, dated 28 February 2016, entered into force on 1 January 2017.
The Law provides that the following activities are exempted from VAT:
<ul>
<li>Arbitration of disputes administered by permanent arbitration institutions; and</li>
<li>Administration of arbitration by permanent arbitration institutions.</li>
</ul>
The Law resolves the legal uncertainty in tax legislation and reflects the approach developed in the court practice, according to which the arbitration fees are not subject to VAT.
Thus, arbitration of disputes under the administration of the Arbitration Center as well as the administration of arbitration by the Arbitration Center are officially exempted from VAT.
The Law on Arbitration can be found <a style="color: #00adef;" href="https://rg.ru/2016/12/30/nalog-dok.html">here</a> (in Russian).

Arbitration Fees Have Been Exempted from VAT

Over the past few years Legal Forum organized by the publishing house Kommersant has become a reputable platform for discussion among legal professionals. The Legal Forum 2016 was dedicated to the Lawyer Day and recent legislative changes. Major experts in law, business, government and non-governmental organizations participated in the Forum.
Among the speakers of the plenary session was Andrey Gorlenko, Executive Administrator of the Arbitration Center at the Institute of Modern Arbitration. He also took part in the working session with a presentation on the practical aspects of the recent arbitration reform.
The Forum was moderated by Aleksey Chichkanov, Vice-President of Gazprombank, and Roman Gerasimov, Reporter and TV-presenter.
The Legal Forum was followed by an intellectual game “Chto?Gde?Kogda?” and cocktail reception in the hotel Angleterre.

VII Annual Legal Forum by Kommersant Took Place in Saint Petersburg on 16 December 2016

LF Academy and the Arbitration Center on behalf of the Institute of Modern Arbitration with support of Saint Petersburg International Legal Forum has organized a business breakfast.
The new Federal Law “On Arbitration in the Russian Federation”, product of the fundamental three-year reform of arbitration in Russia, entered into force on 1 September 2016. Within the course of the reform the following legislative acts have also been amended: Arbitrazh (Commercial) Procedure Code, Civil Procedure Code, Law “On International Commercial Arbitration” and several other legal acts.
The speakers and participants of the business breakfast discussed how these changes are going to work in practice and analyzed the practical experience of the leading foreign arbitration institutions.
Among the speakers of the business breakfast was Andrey Gorlenko, Executive Administrator of the Arbitration Center at the Institute of Modern Arbitration, as well as some arbitrators of the Arbitration Center - Anna Grishchenkova, Roman Zaitsev, Tatyana Menshenina, Ilya Rachkov.
The business breakfast followed the <a style="color: #00adef;" href="http://modernarbitration.ru/2016/11/20/20-%D0%BE%D0%BA%D1%82%D1%8F%D0%B1%D1%80%D1%8F-%D0%B2-%D0%BE%D1%82%D0%B5%D0%BB%D0%B5-st-regis-%D0%B2-%D0%BC%D0%BE%D1%81%D0%BA%D0%B2%D0%B5-%D0%BF%D1%80%D0%BE%D1%88%D0%BB%D0%B0-%D0%BA%D0%BE%D0%BD%D1%84/">conference </a>that took place in Moscow on 20 October 2016.