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In International Arbitrages.
International Arbitrages disputes, i.e. disputes between companies registered in different countries, may be referred for a decision to both state arbitrage and commercial arbitration courts. The jurisdiction of the case depends on whether the contract contains an appropriate arbitration clause, and when such a clause is not contained in the contract or is vague, the jurisdiction is determined in accordance with laws. In some cases you may also refer a case to a state arbitration court - for instance, at the place of contract performance or at the place where disputed property is currently located - even when the arbitration clause is specified and valid - which lawyers sometimes are not aware of. However, such a reference has a number of procedural disadvantages on which one must best consult a lawyer before bringing a suit to the arbitration court.
Reference of a case to a Russian state arbitration court may have advantages both for a Russian and foreign company: delay of state duties payment until the court decision is made and later setting it off against the losing party, well-defined court procedures, availability of appellate, cassation, supervisory institutions for filing appeals in case you disagree with the court decision.
When a dispute is referred to the International Commercial arbitration Court (ICAC) at CTC in Moscow, you will have to pay a fee. The amount of the fee may be reduced, if the arbitration clause contained in the contract specifies that the dispute shall be referred for a decision to one arbitrator. If the contract does not contain such a provision, then after the dispute arises the parties usually fail to agree on referring the case for the sole decision of one arbitrator and the plaintiff has to pay the collegial procedure fee. The ICAC is a tribunal arbitration court, its decision may be subject to appeal only on restricted procedural grounds, but such appeals are practically not filed.
However, even when a dispute is referred to arbitration courts in Paris, Stockholm, etc. the opportunity to have arbitration proceedings conducted in the Russian language with application of the laws of the Russian Federation still remains valid - these courts have Russian arbitrators - if this is specified in the contract arbitration clause or is later duly agreed on by the other party involved in the case. You can find a sample text of the arbitration stipulation in 16 languages on this site: www.iccwbo.org
If the case is decided in a third country, your lawyers specialised in the area of international law expertise will participate in the process and make documents in the language specified in the arbitration clause of the contract.
Prior to making any decision concerning participation in the process it is necessary to find out:
- the schedule of proceedings on the case,
- the procedures for notifying the parties; this depends on the agreement with the country of the other party's location,
- the specific procedure regulations for the arbitration court in which the case is decided,
- the procedure for putting the arbitration court decision into effect.
This information may have an essential influence upon your position and the policy of conducting the case.
The rest of the actions needed for the preparation of the case and the requirements set for the WG experts participating In International Arbitrages proceedings are similar to the general arbitration court regulations; you can find them here (the link to the "legislation" page).
The WG Experts specialising in Legislation In International Arbitrages have a great deal of experience in conducting arbitration In International Arbitrages cases, putting them into effect; they are proficient in foreign languages, have working experience in Western countries; they were trained and tested in Western law firms and courts, therefore they can offer you qualified defence services in Legislation In International Arbitrages proceedings as well as conduct negotiations, assist in exchange of documents, etc. for the purpose of settling a conflict out of court.
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