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- disputes arising from contractual or other civil-law relationships in the course of foreign trade and other forms of international economic affairs, provided that the place of business of at least one of the Parties is situated abroad;
- disputes arising between enterprises with foreign investment, international associations and organizations set up in the territory of the Russian Federation, disputes between their participants and, their disputes with other subjects of law of the Russian Federation.
- recognition and enforcement of the ICAC Russia decision;
- preparation of the review of the ICAC Russia practice
COMPANY FORMATION IN RUSSIA
The International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (the ICAC at the RF CCI) is an independent permanent arbitration institution located in Moscow, Russia. The ICAC is the leading arbitration institution in Russia and in East European countries which deals with resolving disputes of international nature. It is the successor to the Foreign Trade Arbitration Commission (FTAC), legislatively created in 1932.
Annually the ICAC administers about 300 international commercial arbitrations involving parties from numerous countries. In particular, 314 claims were filed at ICAC in 2014, 316 claims in 2015 and 271 claims in 2016. Foreign parties in the year 2016 included companies from 47 countries.
Regarding the amounts in dispute, in 2016 in 21 % of cases the amount in dispute ranged between 200 000 USD to 1 000 000 USD, in 11 % of cases – between 1 000 000 USD to 10 000 000 USD, and in 4 % of cases the amount in dispute exceeded 10 000 000 USD.
The analysis of arbitral awards rendered by the ICAC tribunals in the course of the years 2014–2015 shows a discernible trend towards the increase in the number of cases brought to the ICAC that relate to substantial amounts claimed: 12.3% were rendered in cases with claims from 1 000 000 up to 10 000 000 USD and 13.1% were rendered in cases with claims from 10 000 000 USD up to 100 000 000 USD.
Since 27 January 2017 the new Rules and Regulations of the ICAC came into effect in accordance with the new Russian legislation on arbitration. Since that date the ICAC also administers arbitrations of internal disputes, as well as specialized cases such as corporate and sports disputes (both internal and international).
In addition, the ICAC administers arbitrations of other disputes in cases provided by international treaties or by operation of internal Russian law.
Apart from that, the ICAC performs necessary functions related to administering ad hoc arbitrations.
The ICAC now has separate lists of recommended arbitrators for hearing international commercial, internal, corporate and sports disputes. These lists include the most prominent legal practitioners and legal academics both from Russia and other countries. About 30 % of the ICAC arbitrators recommended to hear international disputes are non-Russian. The parties may also appoint arbitrators from outside the lists.
Arbitral proceedings can be held in English, Russian or other language to accommodate the parties’ needs and preferences.
The legal status of the ICAC is determined by:
· the Law of the Russian Federation No 5338-1 dated 07.07.1993 “On International Commercial Arbitration” (based on the UNCITRAL Model Law of 1985 as amended);
· the Statute of the ICAC as appended to the Law as Annex 1; and
· the Federal Law No 382-FZ dated 29.12.2015, “On Arbitration (Arbitral Proceedings) in the Russian Federation”.