International Commercial Arbitration

  • International sources of legal regulation in the sphere of arbitration.
  • Acts of the Constitutional Court of the Russian Federation on the issues related to activity of international commercial arbitration.
  • Types of international commercial arbitration: institutional arbitration and ad hoc arbitration; commercial, investment and specialized arbitration.
  • Form and procedure of conclusion of an arbitration agreement.
  • Types of arbitration agreements.
  • Tenor of an arbitration agreement.
  • Legal consequences of conclusion of an arbitration agreement.
  • Invalidity of an arbitration agreement.
  • Lex arbitrii.
  • Notion and criteria of arbitrability of the subject-matter of a dispute.
  • Autonomous nature of an arbitration agreement.
  • Injunctive relief as a way to protect the claimant prior to rendering an award by arbitral tribunal.
  • Formation of an arbitral tribunal and status of arbitrators. Requirements to an arbitrator: declaration of independence, professional level.
  • Procedure of challenging an arbitrator and examination of a notice of challenge. Consequences of a challenge of an arbitrator or an arbitral tribunal.
  • Arbitral proceedings. Main stages in institutional arbitration and ad hoc arbitration.
  • Claim and counterclaim.
  • Terms of Reference.
  • Oral hearings.
  • Evidence in international arbitration. Specificity of stating the parties’ positions. Submission of documents. Witnesses and experts.
  • Lex causae. Ascertainment of the applicable law in the absence of the parties’ agreement in a contract.
  • Participation of third parties in the proceedings.
  • Award: determination of its tenor, interpretation and rectification.
  • Challenging of an award of international commercial arbitration: grounds and burden of proof, deadlines and competent court, consequences of challenge.
  • Recognition and enforcement of foreign arbitral awards (the UN Convention on the Recognition and Enforcement of foreign arbitral awards of 1958, other treaties, national law).
  • Enforcement of foreign arbitral awards in the territory of the RF.
  • Grounds for refusal to recognize and enforce foreign arbitral awards in the RF.
  • Refusal to recognize and enforce a foreign arbitral award in the RF and its enforceability abroad.
Show Comments