The Analysis of the Practice of a Dispute Resolution in the ICAC: The Main Trends of the Evolution


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Abstract

The practice of a dispute resolution in the International Commercial Arbitration Court at the Russian CCI has been analyzed in this article as well as the main trends of the practice of a dispute resolution in the ICAC at the Russian CCI have been detected. The authors have paid their attention to aspects of an international, national legal regulation of the ICAC, reviewed a judicial practice and drawn a conclusion about an overall performance of the ICAC. In addition, the authors note that at present the conditions of COVID-19 are posing new challenges for the arbitration. Moreover, the main problem of a dispute resolution in the ICAC at the Russian CCI is also mentioned in the article. The authors pay attention to the fact that the practice of the dispute resolution procedure in the ICAC at the Russian CCI has not been developed so far. Therefore, the need for the evolution of the ICAC at the Russian CCI is also mentioned in the article. The authors pay attention to the fact that the Russian legislator should improve the basis of the ICAC regulation for the Russian CCI. The development of the regions of the Russian Federation as an important phenomenon is also mentioned in the article. The authors note the need to develop and implement road maps for the creation of brand new regional offices of ICAC. The establishment of an ICAC regional branch in the Republic of Mordovia needs special attention. The authors believe that the most important scientific result of the implementation of these measures will be the study of a judicial practice. The appearance of arbitration clauses on dispute settlement in the ICAC branch in the Republic of Mordovia as an indicator of success was taken by the authors as a basis.

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About the authors

Olga V. Lukonkina

Ogarev Mordovia State University

Email: makarkina1980@mail.ru
Saransk, Russian Federation

Pavel K. Pakshin

Ogarev Mordovia State University

Email: ppk-center@mail.ru
Cand. Sci. (Law) Saransk, Russian Federation

References

  1. Alekseyev M. A. The International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry: the history of creation and authority // Vestnik VolGU. Seriya 5: Yurisprudentsiya. 2011. N2. P. 166-170.
  2. Gaydayenko Sher N. I. The use of digital technologies in international commercial arbitration: state of affairs and prospects // Kommercheskiy arbitrazh. 2019. N1 (1). P. 58-68.
  3. Davydov R. K. The legal analyzes of sources of a legal regulation of an international commercial arbitration // Skif. 2018. N3 (19). P. 80-86.
  4. Zhiltsov A. N. The review of the practice of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation for 2014-2015 years // Vestnik mezhdunarodnogo kommercheskogo arbitrazha. 2016. N2 (13). P. 57-72.
  5. Zykin I. S. The resolution of international commercial disputes in ICAC at the Russian CCI // Kommercheskiy arbitrazh. 2019. N1 (1). P. 23-29.
  6. Inshakova A. O. The manifestations of the principle of dispositivity in an arbitration agreement as an institution that determines the flexibility of the ICAC // Vestnik SamGU. 2014. N5 (116). P. 251-257.
  7. Kazachenok S. Y. The International Commercial Arbitration Court for Russian Chamber of Commerce as a mean of an international dispute resolution of trade and investment relations // Vestnik RUDN. Seria: Law Sciences. 2014. N2. P. 371.
  8. Kostin A. A. The current status and development prospects of the ICAC at the Russian CCI // Kommercheskiy arbitrazh. 2019. N1 (1). P. 20-22.
  9. Krivoy Ya., Khober K. The trends in the regulation and practice of international commercial arbitration in the CIS // Kommercheskiy arbitrazh. 2019. N1 (1). P. 100-110.
  10. Mulkhaki K. The delays in arbitration: how to turn time back? // Vestnik mezhdunarodnogo kommercheskogo arbitrazha. 2012. N2(6). P. 89-101.
  11. Filatov I. A. The ICAC practice at the CCI of the Russian Federation. Decisions that rendered in 2006 // Mezhdunarodnyy kommercheskiy arbitrazh. 2007. N3 (15). P. 73-78.

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