Rules of the international commercial arbitration court of the chamber of commerce and industry of the Russian Federation

1996 ◽  
Vol 22 (1) ◽  
pp. 33-53
Keyword(s):  
Russian Federation ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Chamber Of Commerce ◽  
The Russian Federation

Determination of the Law Applicable to Foreign Economic Transactions under the Principle of the Closest Connection

10.12737/4828 ◽  
2014 ◽  
Vol 2 (7) ◽  
pp. 95-103
Author(s):  
Юлия Блинова ◽  
Yuliya Blinova
Keyword(s):  
Foreign Trade ◽  
Present Article ◽  
Russian Federation ◽  
Civil Code ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Applicable Law ◽  
Chamber Of Commerce ◽  
The Russian Federation

The present article focuses on questions of qualification of applicable law to foreign trade transactions on the basis of the principle of most significant connection if the applicable law has not been chosen by the parts. The meaning of the principle of most significant connection is made study of in national law, the meaning of the term “characteristic performance for the contract meaning” is defined by analyzing of different legal sources. Herewith attention is paid to the problems connected with the using of article 1211 of the Civil Code of the Russian Federation and precedents of the International Commercial Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation are analyzed.

Problems of recognition and enforcement of international commercial arbitration decisions

2021 ◽  
Author(s):  
Rafael' Komilzhonov ◽  
Yuliya Ivanova
Keyword(s):  
Russian Federation ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
Arbitration Award

The article analyzes the problematic aspects of recognition and enforcement of international commercial arbitration decisions on the territory of the Russian Federation. It is noted the complexity and lack of procedural guarantees for the parties to the dispute to implement the arbitration award. It is concluded that it is necessary to remove obstacles to the rapid and effective execution of commercial arbitration decisions.

2 The 2015 Reform of Arbitration

2020 ◽  
Author(s):  
Oda Hiroshi
Keyword(s):  
Russian Federation ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The Russian Federation ◽  
Institutional Aspects ◽  
The Law

This chapter discusses the 2015 Arbitral Reform. The arbitral reform, which started in 2011, culminated in two sets of laws adopted by Parliament and signed by the president on 25 December 2015. The package comprised the Law on Arbitration of the Russian Federation and the Law on the amendments to the Laws in relation to the adoption of the above law. The latter included amendments to the Law on Commercial Court Procedure and the Law on International Commercial Arbitration. On 27 December 2018, the Law on Arbitration was further amended. The power to grant license to perform functions of permanent arbitral institutions was shifted to the Ministry of Justice. One of the fundamental issues which were contested in the process of the reform was whether the existing regime of segregation of international and domestic arbitration should be abandoned altogether or should be maintained. With the strong opposition from experts of international commercial arbitration supported by the Codification Commission and the President’s Administration, the system of two separate laws, that is, the Law on Arbitration and the Law on International Commercial Arbitration, was maintained. However, organisational/institutional aspects of arbitration, including international arbitration, are now regulated by the Law on Arbitration.

scholarly journals INTERNATIONAL AGREEMENTS FOR THE PROTECTION OF FOREIGN INVESTOR

2017 ◽  
Vol 3 (4) ◽  
pp. 99-105
Author(s):  
Ирина Хлестова ◽  
Irina KHlyestova
Keyword(s):  
Russian Federation ◽  
International Agreements ◽  
Most Favored Nation ◽  
Foreign Investments ◽  
Legal Concept ◽  
Commercial Arbitration ◽  
Foreign Investors ◽  
International Commercial Arbitration ◽  
The Russian Federation ◽  
Definition Of

The article is devoted to the analysis of international agreements on questions of protection of foreign investments. The multilateral agreements are investigated in the indicated area. There is a detailed analysis of agreements concluded originally by the USSR and then by the Russian Federation. The author draws attention to the lack of a unified approach to the definition of the concept of “foreign investment”, which has evolved over time. It is argued that both national and foreign investments are an economic category and there is no single legal concept for them, similarly with respect to the definition of the term “an investor”. The guarantees to the foreign investors by virtue of bilateral international agreements on protection of foreign investments are investigated, in particular: most favored nation treatment, national treatment, payment obligation for compensation in case of nationalization, expropriation and other measures that have analogical characters, permission of disputes between an investor and a state accepting investment. The author comes to the conclusion that in international law there is no ordinary norm about investment disputes settlement by international commercial arbitration. The author analyzes changes to the Law of the Russian Federation of July 7, 1993 No. 5338-I on International Commercial Arbitration introduced as a result of the adoption of the Federal Law of December 29, 2015 No. 409-FZ. The article highlights the influence of state courts on the activities of international commercial arbitration, the expansion of the competence of international commercial arbitration and the filling of gaps in the 1993 Law on International Commercial Arbitration. The author believes that the expansion of the use of international commercial arbitration bodies ensures the creation of conditions to protect the interests of foreign investors.

scholarly journals BASIC TERMS OF DELIVERY AS A DECISIVE FACTOR AFFECTING THE VALIDITY OF A FOREIGN TRADE CONTRACT AND THE CORRECTNESS OF THE CALCULATION OF THE CUSTOMS VALUE OF GOODS

2021 ◽  
Vol 7 (2) ◽  
pp. 149-159
Author(s):  
A. A. Sladkova
Keyword(s):  
Foreign Trade ◽  
Russian Federation ◽  
Legal Regulation ◽  
Decisive Factor ◽  
Court Decisions ◽  
Transport Costs ◽  
Commercial Arbitration ◽  
Chamber Of Commerce ◽  
Total Transport ◽  
The Russian Federation

The article deals with some aspects of the legal regulation of relations between the counterparties of a foreign trade transaction. Based on the results of the analysis of the practice of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, conclusions are drawn on the application of the provisions of the UN Convention on Contracts for the International Sale of Goods of 1980 in resolving disputes between the parties to a foreign trade contract. The features of using the delivery bases under INCOTERMS 2020 in order to form the transport conditions of a foreign trade contract are revealed, and also, using the example of several delivery bases, it is indicated what transport costs should be charged to the contract value of goods in order to form the correct customs value. Based on the consideration of some court decisions, the role and significance of the delivery basis were determined both for resolving disputes between counterparties in case of accidental damage or loss of cargo during transportation, and for correctly determining the amount of the customs value of goods. A specific example is used to calculate the amounts of transport costs, insurance and customs value for each product when they are delivered together, when the total transport costs and insurance are initially determined for them.

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