The features of a dispute resolution, complicated by a foreign element, in the ICAC for RF CCI and the problem of a choice of a substantive law for a dispute resolution

The features of a dispute resolution, complicated by a foreign element, in the International Commercial Arbitration Court for Russian Chamber of Commerce, have been analyzed in this article. 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. Besides, the problem of a choice of a substantive law for a dispute resolution has been explored. The study has identified the impact of international and national legal sources on the development of international commercial arbitration. Particular attention has been paid to the legal regulation of international commercial arbitration at the national level within the framework of the relationship between the UNCITRAL Model Law and the Russian Law on International Commercial Arbitration. In the study of the problem of the choice of substantive law, methods have been identified by which the ICAC chooses the right in the absence of a direct indication of the choice of substantive law in the text of the contract. The authors conclude that in the absence of an agreement of the parties on the chosen substantive law, international commercial arbitration tries to take into account their will. This position of the ICAC positively affects the business climate, increases objectivity, since the choice of substantive law can significantly change the decision. The authors conclude that the development of the ICA broadens the horizons of cooperation between states. It can be concluded that in general, Russian national legislation is perspective. However, nowadays, the ICAC under the CCI of the Russian Federation is overloaded, that increases the time for considering disputes and negatively affects the development of the economy. In this regard, this article provides recommendations on how to develop a dispute resolution in the ICAC. The authors consider it necessary in the future to create branches of the ICAC and in other entities of the Russian Federation, including in the Republic of Mordovia.

international commercial arbitration, international commercial disputes, international trade relations, international private law, the Russian Chamber of Commerce and Industry