01
Clause is part of the collection model
The operating clause clearly defines the scope of disputes, the institution and rules, seat, number of arbitrators, language and law of the arbitration agreement. The governing law of contracts, the procedure for notifications, multi-contractual and multilateral situations are separately agreed upon.
- Institution
- Who administers and according to what rules
- Seat
- Which courts support arbitration and consider the challenge?
- Governing law
- What law governs the obligations of the parties
- Language
- Cost of translation, witnesses and hearing
- Enforcement
- Where are the defendant’s money, shares, goods and real estate?
02
ICAC is strong where its choice corresponds to the deal
The ICAC at the RF Chamber of Commerce and Industry is suitable for a wide range of international commercial disputes and offers a Russian-language infrastructure, a specialized panel of arbitrators and clear rules on costs. The LCIA and other institutions may be preferable where there is English law, international membership or assets in multiple countries.
Trade, supply, contracting, services, JV and other international commercial relations.
Flexible procedure, emergency arbitrator, early determination and international composition.
There is greater flexibility, but the parties need a particularly precise procedure and appointing authority.
May be stronger with urgent access to assets or mandatory competence.
03
The case is built around issues, evidence and quantum
Before the first procedural document, a chronology, a list of controversial issues, an evidentiary matrix and a loss model are formed. Written statements of witnesses are prepared based on their personal knowledge; the expert answers a technical, industry or financial question and reveals the calculation methodology.
- 01Case theory
The short version of why the client should win on facts and law.
- 02Documents
Contracts, notices, correspondence, payments, delivery and electronic data.
- 03Witnesses & experts
Indications, technical causality, valuation and loss model.
- 04Hearing
Cross-examination, demonstratives and closing submissions without losing the main line.
04
An urgent measure is only valuable if the asset is known
An emergency arbitrator, a tribunal interim measure or an appeal to a state court are selected according to the seat, the rules of the institution and the location of the asset. At the same time, the risk of countercollateral, the obligation of full disclosure and the possibility of enforcing the measure itself are assessed.
Payment restrictions, bank compliance and availability of representatives are considered factors in the execution of the contract and award, regardless of the origin of the parties.
05
Award - the middle of the route if the assets are located abroad
Before filing a claim, the jurisdiction of the assets and the applicability of the New York Convention are checked. After the award, certified documents, translations and proof of finality are prepared; the grounds for refusal - the validity of the clause, notice, scope, procedure, arbitrability and public policy - are still being worked out in the main case.
06
Dispute readiness for an international contract
- 01
Check the legal entity, powers of the signatory and group of the counterparty.
- 02
Agree on governing law, forum, seat, institution, rules and language.
- 03
Link notices, acceptance, payment and termination to provable events.
- 04
Maintain a unified archive of versions of the contract, correspondence and execution.
- 05
Determine in advance the assets and countries of future enforcement.