The Chamber is Going to Further Develop a System for Alternative Controversy Settling
Vadim Chubarov, VP of Process Engineering: The Chamber is Going to Further Develop a System for Alternative Controversy Settling
At the last sales convention, entitled “International Arbitration and Mediation in Russia and Germany: Current Practice, Perspectives,” Vadim Chubarov, VP of Process Engineering of Russia, unveiled two bills devoted to international arbitration. These bills, which were prepared under the aegis of Russian government, have already passed first reading and are in the process of being prepared for the second.
Key problems that were discussed by experts during the triennial preparation of these laws are still relevant to the business and arbitral community. In particular, many businesses are concerned about the relationship between international commercial arbitration and arbitral investigation, as well as creating arbitration courts and the possibility for retired judges to become arbiters in these courts, revealed Vadim Chubarov. At present, these opportunities are not available in Russia, despite the fact that they are currently employed by governmental judges throughout the world.
During the above-mentioned conference, participants were introduced to arbitration experience, acceptance and execution of Russian decisions in Germany. They also discussed topical questions related to the ICAC under the CCI of Russia, the arbitration of corporate disputes and the mediation procedures related to entrepreneurial disputes.
Despite the fact that a number of experts view mediation in Russia pessimistically, it can work provided it is approached in a profession and controlled manner. This task is covered by the Board of Mediators, which was established in 2006, whose work is worthy of respect. Such boards work throughout the whole CCI system. A lot has been done for mediation to cover adjudicatory bodies. “Reconciliation rooms” have been opened in Moscow arbitration courts and in other entities in Russia. The Chamber of Commerce and Industry of Russia is intended to continue to open reconciliation rooms, cooperate with ombudsmen for the protection of entrepreneurs’ rights, include mediation clauses in entrepreneurs’ contracts, develop two-step systems for the adjustment of disputes and last, but not least, distribute and generalize a positive practice of mediation, added the VP of Russian CCI.
Veniamin Yakovlev, Presidential Adviser, corresponding member of RAS, retired Chairman of the Supreme Court of Arbitration of Russia, Co-chairman of the Association of Lawyers of Russia, noted that the ability to settle disputes properly can considerably reduce the number of disputes within society. Being able to solve a dispute with dignity and find a balance between two conflicting parties is of particular importance. The Russian arbitration court system was formed according to German experience, says Viniamin Yakovlev, who considers Germany to be a country that has a perfectly developed justice system. In Germany, a network of specialized courts operate alongside regular courts, and it is this model that Russia is currently lacking.
Professor Vilfrid Bergmann, VP of the German-Russian forum board, ICC presidium member, said that the exchange of experience is especially significant in terms of arbitration and mediation. The important thing here is having international conferences, forums, and seminars. He said that certain complications on the political level do arise; however, these should not influence cooperation and the development of a system of arbitration.
CCI of Russia Press Service