The federal laws regulate the procedure for establishing and operation of arbitration courts and permanent tribunals in the Russian Federation as well as arbitration (arbitration proceedings).
As agreed by parties, disputes between parties of civil law relations may be referred to arbitration (arbitration proceedings), except as otherwise provided by a federal law.
Provision is made, in particular, for:
– basic concepts, including such as an arbitrator (adjudicator), arbitration (arbitration proceedings), arbitration administration, arbitration rules, direct agreement, etc.;
– definition, form and interpretation of an arbitration agreement;
composition and jurisdiction of an arbitration court;
– arbitration procedure, arbitration principles;
– arbitration awarding procedure and termination of arbitration;
– procedure for appealing against an arbitration award, arbitral award enforcement procedure;
– procedure for establishing and operation of permanent tribunals in the Russian Federation;
– arbitration-to-mediation procedure ratio.
(Federal Laws No. 382-FZ dated 29 December 2015 and No. 409-FZ dated 29 December 2015; Order of the Ministry of Justice of the Russian Federation No. 165 dated 13 July 2016)
Federal Law No. 409-FZ dated 29 December 2015, aimed to develop and improve the efficiency of the arbitration (arbitration proceedings) institution in the Russian Federation, is coming into force.
Following the adoption of Federal Law “On Arbitration (Arbitration Proceedings) in the Russian Federation” No. 382-FZ dated 29 December 2015, amendments were made, in particular, to RF Law “On the Status of Judges in the Russian Federation” No. 3132-1 dated 26 June 1992, to RF Law “On International Commercial Arbitration” No. 5338-1 dated 7 July 1993, the Code of Criminal Procedure of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, and the Code of Civil Procedure of the Russian Federation.
In particular, Federal Law No. 409-FZ dated 29 December 2015:
– provides for retired judges to act as adjudicators (arbitrators);
– updates the Regulations on the International Commercial Arbitration Court at the RF Chamber of Commerce and Industry and the Regulations on the Maritime Arbitration Commission at the RF Chamber of Commerce and Industry;
– establishes that judicial remedies of shareholders of joint stock companies and participants of limited liability companies may be provided by an arbitration court;
– it is prescribed that an arbitrator (adjudicator) may not be interrogated as a witness about circumstances that he became aware of in the course of arbitration (arbitration proceedings);
– rules were defined with respect to disputes under the jurisdiction of courts (arbitration courts), which can be referred to a tribunal, provided there is a current arbitration agreement between the parties to a dispute; an exhaustive list of disputes is given, which may not be referred to a tribunal; and a procedure was determined for proceedings on cases associated with courts and arbitration courts performing the functions of assistance and control with respect to tribunals.
(Federal Law No. 409-FZ dated 29 December 2015)