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1
Russian Arbitration Association Concept and
Implementation

• Vladimir Khvalei, Partner
• Baker McKenzie
• Warsaw, 12 March 2013

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Statitistics of ICC International Court of
Arbitration
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Please indicate your preferences with regard to
the cities listed below if negotiating the place
for arbitration (5 definitely yes, 1
definitely no)
ICC Russia Survey Russia as a place for
arbitration
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RUSSIA AS PLACE FOR ARBITRATIONICC Russia Survey
Russia as a place for arbitration

• Please indicate the Rules applied to the
  arbitration(s) and indicate your satisfaction
  with the quality of the proceedings (5
  definitely yes, 1 definitely no)
• Based on your experience of international
  arbitration proceedings in Russia

5
ICC Russia Survey Russia as a place for
arbitration

• In what situations would you agree to submit a
  dispute to international arbitration in Russia?

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Mission

• to promote arbitration in the Russian Federation
  and other CIS countries
• to make Russia a more popular place for
  arbitration
• to support and promote
• Russian arbitrators at national and international
  levels
• foreign arbitrators with an interest in Russia
  related arbitration

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Foundation and Membership

• Individuals (Russian and foreign)
• Legal entities (Russian and foreign)
• lawfirms
• other organizations
• Conditions
• supporting organizational principles and
  objectives of the Association
• payment of membership fees (USD 500 for legal
  entities and USD 50 for individuals)

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Practitioners supporting the idea
1 AKP Consulting Law Firm 2 Al Rud Law Firm 3 Allen Overy Legal Services 4 Arbitrations.ru 5 Arnall Golden Gregory 6 Arzinger 7 Astapov Lawyers 8 Baker McKenzie 9 Beiten Burkhardt 10 Belohlбvek law offices 11 Berwin Leighton Paisner LLP 12 Businessconsult Law Firm 13 Christos Telemachos Georgiades LLC 14 Clifford Chance 15 Clyde Co (CIS) LLP 16 Curtis, Mallet-Prevost, Colt Mosle LLP 17 Danilyevich Law Firm 18 Debevoise Plimpton 19 Dechert LLP Kazakhstan 20 Dechert Russia LLC 21 DLA Piper Rus Limited 22 Egorov, Puginsky, Afanasiev Partners 23 ENGARDE 24 Pohla Hailmagi Law Firm 25 FBK Legal 26 Freshfields Bruckhaus Deringer 27 Freshfields Bruckhaus Deringer 28 Goltsblat BLP 29 Grata 30 Hogan Lovells
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Practitioners supporting the idea, cont.
31 Hogan Lovells Russia 32 Inyurservice LLP 33 Kalikova Associates 34 Khrenov and Partners 35 Korelsky, Ishuyk, Astafiev and Partners 36 Law Net 37 Lex International 38 Linklaters 39 Mannheimer Swartling 40 Monastyrsky, Zyuba, Stepanov Partners 41 Muranov, Chernyakov and Partners 42 Nomos 43 Norton Rose 44 Pepeliaev Group 45 Prime Advise Law Firm 46 Quinn Emanuel Urquhart Sullivan, LLP 47 Revera Consulting Group 48 Russin Vecchi LLP 49 Salans 50 Sayenko Kharenko 51 SJ Berwin LLP 52 SPECHT BЦHM 53 Sysouev, Bondar, Khrapoutski LLC 54 The Law Office of Igor Taranov 55 Thomas Cooper International 56 Trust Law Firm 57 Vasil Kisil Partners 58 Vegas Lex 59 Vlasova Mikhel Partners (Belorussia) 60 White Case UK 61 White Case Russia 62 Yukov Partners 63 Yurbureau, LLC
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Services of the Association

• Organizing and sponsoring conferences and
  workshops
• Administrative support of arbitration proceedings
• Mantaining a database of arbitrators and services
  supporting arbitration
• Administering disputes under UNCITRAL Arbitration
  Rules
• Other activities promoting arbitration in Russia
  and the CIS.

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Conferences and Workshops

• Promoting arbitration in Russia
• Qualification programs for arbitrators
• Qualification programs for counsel

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Administrative support in arbitral proceedings

• maintenance of arbitrators database
• public
• based on members requests
• criteria established in Associations internal
  regulations
• search options
• not binding on the parties or the Nominating
  Committee
• provision of availability data regarding
• premises for hearings,
• experts,
• interpreters,
• stenographers, etc.

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Competent authority under the UNCITRAL Rules

• Assist the parties in selecting and appointment
  of arbitrators
• Consider challenges filed against arbitrators
• Assist in administration of financial side of
  arbitration.

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Association bodies

• General meeting of members
• Board
• General Secretary
• Nominating Committee

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No Conflict of Interest

• The Nominating Committee may not nominate
• any Board member, its own member, or the General
  Secretary of the Association
• The General Secretary may not participate
• in any Association-administered arbitral
  proceedings in any capacity, except for the
  performance of General Secretary's functions.
• Committee and Board Members precluded from
  receiving information on any cases involving in
  any capacity themselves, their law firms, their
  own clients or their law firms' clients (or those
  clients' affiliates)
• Committee and Board Members are under an
  obligation to promptly report the potential
  conflict of interest issues

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Internet Site of the Association -
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Changes in Regulation in February 2013

• Original idea non-commercial partnership
  non-commercial partnership Arbitration
  Association
• Association as a legal form was not suitable
• Important changes to the RF Civil Code provisions
  on associations
• individuals as members
• non-commercial goals

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Further Steps

• Registration of Association
• Election of RAA bodies
• Task forces
• Regulation on administrating disputes under the
  UNCITRAL Rules and Internal Rules of the
  Association
• Development of the Associations site
• Development of educational programs for
  arbitrators and counsel

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• if you are interested in participating,
• please send me email at
• vladimir.khvalei_at_bakermckenzie.com

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Arbitration Association in Russia Concept and
Implementation

• Vladimir Khvalei, Partner
• Baker McKenzie
• Warsaw, 12 March 2013