Dmitry Dyakin, Co-Head of the Dispute Resolution Practice at Rybalkin, Gortsunyan, Dyakin & Partners Law Firm (RGD), participated as an invited expert in the session “International Commercial Arbitration: New Realities and Horizons” held as part of the 11th St. Petersburg International Legal Forum. During his talk, Dmitry Dyakin focused on the challenges faced by Russian companies and shared practical advice on minimizing risks when selecting arbitrators.

According to Dmitry, the sanctions have significantly transformed the landscape of international arbitration involving parties from Russia, once again raising concerns about objectivity and impartiality. They have also led to an increase in the number of arbitrators who decline to participate in such disputes, referring to restrictions imposed by sanctions laws.

Dmitry also emphasized that, despite the current circumstances, the selection procedure remains unchanged and begins with the arbitration clause and applicable rules. He highlighted the importance of thoroughly evaluating the reputation of arbitrators who have made it to the final list of candidates. The most effective way to conduct a comprehensive assessment is by holding interviews and reviewing monographs, research articles, and the candidate’s activity on social media.

By conducting in-depth analysis, Russian parties can make a definitive decision regarding the impartiality of a given arbitrator based on information about their background, qualifications, experience in similar cases, potential conflict of interest, connections with the parties involved in the dispute, as well as their attitude towards Russia and Russian companies.

The session was attended by representatives of government agencies, partners of leading Russian and foreign law firms, representatives of arbitration courts and centers, as well as scholars, who actively participated in the discussion.