Grebelsky & Partners has extensive experience in representing clients in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation.
The ICAC at the RF CCI (International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation) is the oldest and most demanded arbitration institution in the entire Post-Soviet space. However, the proceedings in this arbitration court still pose a particular difficulty for international entrepreneurs.
Such proceedings have a number of characteristic features, and not all lawyers, even those actively practising in state courts, are familiar with these features. Thus, the ICAC at the RF CCI applies several Rules, each of which is drawn up for a particular category of disputes. The most in-demand today are the Rules of Arbitration for International Commercial Disputes and the Rules of Arbitration for Internal Disputes.
When it comes to arbitration, the disputing parties often have disagreements on the competence of the arbitral tribunal, applicable law, its content, procedural features of the proceedings, which are very different from the rules provided for in state courts. All this requires the involvement of lawyers specializing in Private International Law and International Commercial Arbitration.
As a rule, in each case in the ICAC the arbitral tribunal includes arbitrators who are prominent scientists and practitioners. It is essential that the representative of the party could speak with them in the same language (sometimes it is the language of legal doctrine in its pure). Wrong actions of the representative, his lack of knowledge in theoretical issues can lead to the most unfavourable consequences and end in defeat in the dispute.
The lawyers of Grebelsky & Partners have long and successfully defended the interests of domestic and foreign entrepreneurs in the ICAC at the RF CCI. International commercial arbitration is the main practice area of the firm. That is why we have a great store of practical knowledge and skills in this area: we have experience in applying the 'narrow' provisions of the ICAC Rules; we know how to establish effective interaction with the Secretariat of this institution; we are familiar with by an absolute majority of not only Russian but also foreign arbitrators included in the recommended list of the ICAC. It is important that we also know most of the lawyers who can be involved in the case on the side of opponents. All this directly affects the outcome.
We provide legal support at all stages related to arbitration proceedings in the ICAC, including the assessment of the arbitration agreement, preparation and filing of a statement of claim or defence, participation in oral hearings, recognition and enforcement of ICAC awards in Russian and foreign state courts.
The lawyers of the firm have deep theoretical knowledge of arbitration. Managing partner of the firm Alexander Grebelsky is a recognized specialist in the field. For several years, he has been giving lectures on International Commercial and Investment Arbitration at the Department of Private International and Civil Law of the Moscow State Institute of International Relations (MGIMO University). The main backbone of the Department is the arbitrators of the ICAC at the RF CCI.
Besides, Alexander heads the Panel for International and Investment Disputes in another recognized arbitration institution – the Arbitration Center under the Russian Union of Industrialists and Entrepreneurs (RSPP). Alexander is the Deputy Chairman of the Arbitration Commission at the Association of Lawyers of Russia (ALRF) and the Chairman of the Arbitration and Other ADR Commission at the Moscow branch of the ALRF.
Scientific and professional contacts of the firm in the field of international arbitration help our lawyers to solve one of the key tasks in preparing a case for arbitration – the task of choosing a knowledgeable arbitrator, whose candidacy is optimal for particular proceedings, who has sufficient qualifications and the ability to resolve the dispute quickly.
The practice of the firm at the ICAC at the RF CCI is truly diverse. It includes disputes under a sale of goods, construction, lease, insurance, freight forwarding and other types of contract.
The law firm has successful experience in the field of recognition and enforcement of ICAC awards abroad, for example, in such jurisdictions as China, Germany, Cyprus, Ukraine, and others, makes it possible to achieve prompt execution of the award. Also, we have taken part in numerous litigations related to setting the ICAC awards aside in Russian state courts.
The lawyers of the firm work in close cooperation with in-house lawyers and the management of client companies, trying to take into account their interests as much as possible, continuously inform and advise them during the proceedings. We have earned the trust of our clients in resolving international commercial disputes, and therefore, most of clients return to us again and again.
Below you may find brief examples of the recent international arbitration proceedings under the Rules of the ICAC at the RF CCI, in which our lawyers have successfully represented Russian and foreign clients:
- Representing a Russian chemical holding company in two arbitration proceedings under the Rules of ICAC at the Chamber of Commerce and Industry of the Russian Federation against suppliers of equipment and raw materials from China and South Korea. In both cases, the United Nations Convention on Contracts for the International Sale of Goods of 1980 (Vienna Convention) was applicable. The award against the Chinese company required further recognition and was successfully recognized and enforced in Guangdong (China) despite the respondent's resistance.
- Defending an Israeli company – a major cosmetics manufacturer – in a dispute with "Magnit" retail chain based on product quality claims. The dispute was considered under the Rules of ICAC at the Chamber of Commerce and Industry of the Russian Federation; Russian legislation was chosen as the applicable statute. Despite the significant volume of evidence provided by Claimant, the arbitral tribunal ruled in favour of the Israeli company. Attempts to further challenge the award in state courts have not been successful.
- Defending a subsidiary of a leading Northern European fishing company headquartered in Denmark in the recovering of principal and interest on a debt from the Chinese company under CFR Contract (Incoterms 2000). The reputable arbitral tribunal considered the dispute under the Rules of ICAC at the Chamber of Commerce and Industry of the Russian Federation. The arbitrators chose the General Terms of Delivery to and from the People's Republic of China (1990) and the United Nations Convention on Contracts for the International Sale of Goods of 1980 (Vienna Convention) as applicable statutes.
- Representing an oil industry metalwork supplier (from the Chelyabinsk region) in a case against a major distributor of metal products and other equipment for industrial and energy facilities (Visaginas, Lithuania) initiated for the debt recovery under the sale of goods contract. The respondent filed a counterclaim to recover damages caused by the delivery of law quality. The dispute was considered under the rules of the ICAC at the Chamber of Commerce and Industry of the Russian Federation; as the applicable statute, the parties agreed on the United Nations Convention on Contracts for the International Sale of Goods of 1980 (Vienna Convention) and, subsidiary, the Russian civil legislation.
Chapters:
A.V. Grebelsky ‘Evidence in Arbitration’ in O. Skvortsov, M. Savransky, G. Sevastyanov (Ed.). International commercial arbitration: Textbook. 2nd ed. Statut Publishing, 2018. Р. 664.
A.V. Grebelsky ‘The end of an era? The Fate of Investment Arbitration in the Light of Attempts to Create an EU Investment Court System’ in A. Muranov (Ed.), V.Kabatov, S.Lebedev: In Memoriam. Collection of memoirs, articles, other materials. 2nd ed. Statut Publishing, 2017. P. 476.
A.V. Grebelsky ‘Nationality of Investor as One of the Conditions for the Investment Protection by the Recipient State’ in E. Zavyalova, V. Kondratiev (Ed.), Corporate governance as a factor in increasing investment attractiveness. MGIMO Publishing, 2014. P. 265.
A.V. Grebelsky ‘The Distribution of the Burden of Proof in International Arbitration’. in Issues of Private International, Comparative and Civil Law and International Commercial Arbitration: Liber Amicorum in Honor of A.Kostin, O.Zimenkova, N.Eliseev. Statute, 2013.
Articles:
A.V. Grebelsky ‘Disclosure of Documentary Evidence in International Commercial Arbitration’. Law and Economics, 2015. Vol. 8. P. 64.
A.V. Grebelsky ‘Electronic Evidence in International Commercial Arbitration’. The Statute, 2015. Vol. 10. P. 59.
A.V. Grebelsky ‘Witness Testimony in International Commercial Arbitration’. Economy and Law, 2015. Vol. 10. P. 73.
A.V. Grebelsky ‘Experts Appointed by Arbitral Tribunals’. Arbitration Court, 2015. Vol. 6. P. 99.
A.V. Grebelsky ‘Arbitrability of Corporate Disputes’. Russian Yearbook of International Law, 2013. P. 219.
A.V. Grebelsky ‘Actions of State Courts in Support of International Commercial Arbitration’. Bulletin of the State Registration Chamber under the Ministry of Justice of the Russian Federation, 2013. Vol. 2. P. 12
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