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4 Arbitral Institutions

From: Russian Arbitration Law and Practice

Hiroshi Oda

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2024

Subject(s):
Arbitral tribunals — Arbitral rules — Arbitration

This chapter focuses on arbitral institutions. After the new Law on Arbitration came into effect on 1 September 2016, permanent arbitral institutions are to be established in accordance with the amended Law. The problem was what was going to happen to the existing arbitral institutions after the Arbitral Reform. The Law provides that existing arbitral institutions that do not fulfil the requirement of the Law and thus did not receive a licence are not entitled to administer arbitration. On 1 November 2017, a vast majority of the existing arbitral institutions failed to meet the requirements of the Law on Arbitration, namely the requirement that they be set up by a non-commercial organisation, and ceased operation. There are now only two permanent arbitral institutions in Russia. Chapter 9 of the Law on Arbitration accommodates detailed rules on the organisational aspects of permanent arbitral institutions. This is different from the system before the 2015 Reform, which had almost no regulation in this respect. Chapter 9 is applicable not only to arbitral institutions which handle domestic arbitration, but also to international commercial arbitration. The chapter then looks at the institutional rules of arbitration as well as the rules on the administration of arbitration.

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