Moscow Hosts First ABA Dispute Resolution Conference in Russia | Practical Law

Moscow Hosts First ABA Dispute Resolution Conference in Russia | Practical Law

Natalia Belomestnova (Associate), Goltsblat BLP

Moscow Hosts First ABA Dispute Resolution Conference in Russia

Practical Law Legal Update 9-500-3367 (Approx. 2 pages)

Moscow Hosts First ABA Dispute Resolution Conference in Russia

Published on 02 Oct 2009International, Russian Federation
Natalia Belomestnova (Associate), Goltsblat BLP
The ABA conference "Resolution of Russia-Related Business Disputes: The Next Wave" took place in Moscow on 21 September 2009, and featured an impressive number of prominent Russian and foreign lawyers debating mainly one question: are arbitrating and litigating in Russia as black as they have been painted?
The participants benefited from first hand information and comments from T. Neshataeva (the head of the international private law section in the High Court of Arbitration, and author of many decisions regarding enforcement and challenge of arbitral awards), Professor B.R. Korabelnikov (the author of the most extensive analytical publication concerning the enforcement of arbitral awards in Russia), M. Baranova (the negotiator of BITs on behalf of Russia) amongst others. A useful insight on dispute resolution in Russia was also provided by many practising lawyers with extensive experience from Russia and abroad.
Various areas of concern were identified and discussed during the conference, such as the sometimes hostile attitude of courts to arbitration and excessive bureaucracy in litigation. It emerged from many speeches that, when it comes to litigating in Russia (including arbitration related litigation), the "forewarned is forearmed" approach will not always work. With the judicial system being unpredictable, parties can face a lot of unexpected hindrances when, for instance, attempting to enforce or challenge an arbitral award or asking for interim measures in Russia. Even though the overall arbitration climate is becoming more favourable, assistance from a professional Russian litigator is still vital to any arbitration process which lands on the Russian ground.