Dmitry Dyakin, Partner and Co-Head of the Dispute Resolution Practice at Rybalkin, Gortsunyan, Dyakin & Partners Law Firm (RGD), took part in the I Kazan International Legal Forum as moderator of the session ‘Arbitration and Entrepreneurship: Role in the Modern World’. The was supported by the Arbitration Center of Russian Union of Industrialists and Entrepreneurs (RSPP).
The purpose of the session was to discuss the issues that arise in arbitration proceedings under today’s geopolitical situation, and to search for possible solutions. Dmitry noted that currently, the parties from Russia in disputes out of the agreements containing arbitration clauses in favor of European and American arbitration centers are facing significant difficulties – these are problems with paying the arbitration fees and lawyers' services in connection with EU, UK and US sanctions, which can be introduced in relation to specific individuals, as well as problems with the choice of an independent and impartial arbitrator who does not have any prejudice against the Russian parties.
The session was attended by representatives of business, the academic community and legal professionals represented by Vladislav Starzhenetsky (Associate Professor, Faculty of Law, HSE), Maxim Zholudev (Deputy Director, Legal Department, Aeroflot), Marina Basova (Senior Manager and Curator, Litigation and Claims Work, Sibur LLC) and Anthony Walker (Senior Advisor at RGD). During the discussion, the participants exchanged views on judicial practice and the prospects for proceedings under Article 248.1 of the Arbitration Procedure Code of the Russian Federation, possible alternatives to European arbitration institutions, as well as topical problems of the impartiality of Western arbitrators and the procedures for verifying and selecting candidates, taking into account the current geopolitical realities.
“It is always pleasing to see and hear various actors in such a complex process as arbitration proceedings are on the same page in approaches and have similar opinions on this subject matter. The discussion participants noted the particular importance of the issues raised. Despite the fact that these problems are being discussed at different professional platforms, it is necessary to develop a consolidated approach that takes into account arguments and opinions from business, the academic community and legal professionals. We are grateful to the Kazan Legal Forum for this opportunity,” said Dmitry Dyakin, Partner, Co-Head of the Dispute Resolution Practice at RGD and Presidium Member of the Arbitration Center of Russian Union of Industrialists and Entrepreneurs (RSPP).
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