Legal Support of Foreign Economic Activity – The Best Practices in the Field of Commercial Arbitration

Venue: Hall 8, International Exhibition Centre Kazan Expo, Kazan

Time: May 19, 2023, 13:00–14:20

Organiser: The Chamber of Commerce and Industry of the Russian Federation

Moderators:

Vadim Chubarov, Vice President of the Chamber of Commerce and Industry of the Russian Federation;

Shamil Ageev, Chairman of the Chamber of Commerce and Industry of the Republic of Tatarstan.

Speakers:

Ivan Zykin, Acting Chairman of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation;

Shamaral Maichiev, Chairman of the International Court of Arbitration at the Chamber of Commerce and Industry of the Kyrgyz Republic;

Zhang Yi, Director of the Guangzhou Arbitration Commission of the People’s Republic of China;

Foziljon Otakhonov, Director of the Legislation and Parliamentary Research Institute under the Oliy Majlis of the Republic of Uzbekistan;

Artem Patsev, Director of the Legal Service of JSC “DOM.RF”.

The economic reorientation of Russia towards the Asian countries has led to the expansion of economic ties between Russian business and companies from the countries of the Islamic world; therefore, an effective mechanism is needed for the resolution of possible disputes in the field of foreign economic activity. Practice shows that arbitration is the most popular way to resolve such disputes.

The experience of the International Commercial Arbitration Court at the Russian CCI, arbitration institutions of China, Kyrgyzstan and Uzbekistan in resolving international commercial disputes, joint work and cooperation in this area were reviewed within the framework of the session.

The session was opened by the Vice President of the Russian CCI Vadim Chubarov. He noted that the CCI offers professional assistance and extra support for the businesses that enter the international market. He told about the activities of the International Commercial Arbitration Court (ICAC) at the Russian CCI, the work on interpreting the counter anti-Russian sanction legislation, force majeure certification in the scope of international trade transactions.

The Acting Chairman of the ICAC at the Russian CCI Ivan Zykin stressed the importance of the ICAC for the resolution of disputes in the context of sanctions against Russia imposed by the European Union. He noted that it is important to ensure procedural flexibility, for example, the possibility of considering multiple claims in a single process, or resolve disputes on an expedited basis. Rules appeared for the consideration of corporate disputes. The practice of dispute resolution in the online mode is expanding.

The Chairman of the International Court of Arbitration at the CCI of the Kyrgyz Republic; Shamaral Maichiev told about how Muslim law is applied in legislation of Kyrgyzstan, and changes in Kyrgyz law giving the right to appeal against the tax authorities’ decisions on tax charges and reassessments in the International Arbitration Court at the Kyrgyz CCI, as well as in mediation courts.

The Director of the Guangzhou Arbitration Commission Zhang Yi described the practice of using modern technologies in arbitration process. The Commission has launched a “Smart Arbitration” mobile app and an “All In One” smart system for document submission. During 2023 it is planned to finish the development of “Metaverse”, the world’s first arbitration court with virtual arbitrator functionality.

The Director of the Legislation and Parliamentary Research Institute under the Oliy Majlis of the Republic of Uzbekistan Foziljon Otakhonov told about the establishment of the international commercial arbitration in Uzbekistan, the specific features of its legislation, and the geography of cooperation.

The Director of the Legal Service of JSC “DOM.RF” Artem Patsev noted that international arbitration is an effective dispute resolution tool in the construction industry, but its use in Russia is insufficient. Awareness raising by operating arbitration institutions is needed.

An agreement on cooperation was signed between the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation and the International Arbitration Court at the Chamber of Commerce and Industry of the Kyrgyz Republic during the session.