The new issue (June 2022) of the e-journal “ADR Centurion”, published by the Asian Institute of ADR, contains an English language article dedicated to the 90th anniversary of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (English abbreviation: ICAC; Russian abbreviation: MKAS).
The article – authored by the ICAC/MKAS Chairman Alexey A. Kostin and Dmitry Marenkov – describes the historical roots as well as the current status and structure of International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation. Furthermore, it offers an overview of the arbitration procedure under the ICAC/MKAS Arbitration Rules, including such issues as the appointment of arbitrators and the list of arbitrators, the language of arbitration, the place of arbitration, the duration of arbitration proceedings, the particularities of expedited arbitrations etc. In addition, the article draws the readers’ attention to the new edition of the Rules on Impartiality and Independence of Arbitrators which were enacted by the Order No. 110 of the Chamber of Commerce and Industry of the Russian Federation dated 30 September 2021 and entered into force on 1 November 2021.
The authors refer to statistics according to which ICAC/MKAS has administered approximately 4,800 cases over the last ten years. During this period, the number of Asian parties remained relatively constant at 13 to 18%. However, as a consequence of the growing economic relationship between Russia and CIS countries on the one hand and Asian countries on the other hand, ICAC/MKAS expects to see more Asia-related cases in the future and looks forward to entering into new collaborations in Asia.
Furthermore, the article mentions that ICAC/MKAS awards have been successfully recognised and enforced in various parts of the world, including Canada, China, Cyprus, Germany, Japan, Malaysia, the United Kingdom, the United States and Uzbekistan. The case law in Asia includes the following court decisions:
- High Court Malaya, Kuala Lumpur, in Open Type Joint Stock Company Efirnoye (“EFKO”) v. Alfa Trading Ltd., [2012] 1 CLJ 323;
- Higher People’s Court of Liaoning (China) in O’KEY Logistics LLC v. Guangdong South Fortune Import & Export Co. Ltd. (2013);
- Intermediate People's Court of Dongguan (China) in Kurgroup Distribution v. Guangdong Dongguan Animal Products Import and Export Co. Ltd. (2020).
The authors conclude that the ICAC/MKAS enjoys a long tradition and is one of the oldest and well-known arbitration institutions in Eurasia. It offers quick and cost-effective dispute resolution with moderate fees. ICAC/MKAS possesses particular expertise in Russia/CIS law and business. It can also be a viable option for so-called East-West disputes between Asian and European parties.
The article can be downloaded at the website of the Asian Institute of ADR under the following link: https://aiadr.world/wordpress/wp-content/uploads/2022/06/ADR-Centurion-June-2022-as-at-10.6.2022-new.pdf.
Center for Arbitration and Mediation of RF CCI