Interaction between Courts and International Arbitration in the Russian Federation - Chapter 22 - Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr.

Author(s): 

Alexander S. Komarov

Page Count: 

14 pages

Media Description: 

1 PDF Download

Published: 

October, 2014

Author Detail: 

ALEXANDER KOMAROV

Private International Law Dept., Russian Academy of Foreign Trade

 

Prof. Alexander Komarov had worked as Legal Adviser on foreign

commercial law and private international law at the USSR Ministry of

Foreign Trade since 1972. Now he is Professor and Head of Private Law

Chair at the Russian Academy for Foreign Trade (since 1989). From

1993 to 2010 he was the President of the International Commercial

Arbitration Court at the Russian Federation Chamber of Commerce and

Industry (ICAC). Presently he is Member of Advisory Council on Civil

Law Codification at the President of the Russian Federation.

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Originally from Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr.

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The role and position of international arbitration and its relationship

to the state courts in modern Russia could be properly understood against

the background of historical factors which had influenced the

development of international commercial arbitration in the course of

preceding decades.

 

Arbitration in the Russian Empire in the 19th century had played not

a very significant role in national legal system. It was regulated by very

rigid rules, the proceedings were very formalistic and as a result

arbitration was not highly in demand as a means of dispute settlement in

commercial turn-over. It may be submitted that at the end of the 19th

century the basic rules determining arbitration procedure and its legal

effects in Russia were not substantially different from the similar

developments that had taken place in the major part of European

countries where national industry and commerce had started to expand

due to general economic and technological achievements.

 

In the socialist period that followed for more than seventy years after

October revolution in 1917, the role of international arbitration was

determined by the fact that the alternative, non-State method of dispute

settlement was used only in relation to disputes arising from foreign

trade transactions. In these years, almost all economic activities in the

country, including foreign trade, were conducted by State-owned

enterprises on the basis of State monopoly. No private business had

existed in the Soviet Union until the beginning of "perestroika"

(restructuring) that started in the early 1990s. International arbitration

actually had been the only legal alternative to deal with international

commercial disputes involving Soviet partners during that period.

 

Already in the first international trade agreements made by the

Soviet Russia with western countries, for instance, Germany, Norway,

Italy, and Latvia in the early 1920s, ad hoc arbitration had been

 

stipulated as the means of settlement of disputes between western