Dmitry Dyakin, partner and the Co-head of Dispute Resolution practice at Rybalkin, Gortsunyan, Dyakin and Partners (RGD), took part in the anniversary St. Petersburg International Legal Forum, speaking at the session “Arbitrators: Who Are They? Constitution of Arbitral Tribunals in the Current Reality”.
One of the hot topics for the discussion were consequences for the entire industry in relation with the current geopolitical tensions, which has affected arbitration proceedings area, while opening up a new angle of the discussion related to the issue of the independence of arbitrators.
Dmitry Dyakin shared his own system of criteria that help forming an arbitration tribunal. According to Dmitry, when choosing an arbitrator from the Russian side, two key factors must be taken into account: the absence of bias, prejudice or legal risks due to the nationality of the party and the professionalism of the candidate, confirmed by experience, authority and personal behavior. In addition, it is always necessary to conduct interviews with potential candidates and directly discuss possible risks and contentious issues that may affect the attitude of a particular arbitrator towards the Russian side in the resolving process.
According to Dmitry, it is necessary to analyze all available information about potential candidates when forming arbitration tribunals - public decisions, publications in the media, statements on social networks, colleagues’ opinions, position of the firm they represent. Similar checks and monitoring should be done for the opposing arbitrator.
Speaking about the appointment of the chairman, Dmitry stressed the importance of determining the detailed procedure of the election process and the format of consultations by the both parties involved. The rating system proved to be the most effective, where parties exchange of lists and choose a candidate with the highest rating. In all other respects, the same selection of tools should be applied to the chairman as are used in the appointment process of arbitrators.
Concluding his speech, Dmitry noted the importance of creating a single platform that brings together arbitrators who have proven their undisputable reputation in past cases. According to Dmitry, such platform allows to monitor and control the risk of challenges and crossovers of arbitrators.
The panel was represented by partners of the leading Russian and international law firms, representatives of arbitration courts and arbitration centers, academics and officials.
Rybalkin, Gortsunyan, Dyakin & Partners (RGD) is a fast-paced law firm of the next generation, combining a leading Russian practice focusing on international dispute resolution and a high-end corporate practice servicing complex transactions and projects.
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