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Arbitration in Transports to Russia

Arbitration in Transports to Russia

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Arbitration in Transports to Russia

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  1. Arbitration in Transports to Russia • Dr. Axel Boës • Of Counsel • Norton Rose Fulbright (Germany) LLP • 27.06.2014

  2. Overview • Transports from Europe to Russia • Road, Rail, Shipping • Arbitration only in Road and Shipping Transports • Do we need Arbitration? • Enforceability of Russian court decisions still a problem, although possible (at least) for CMR disputes • Enforceability of European Court decisions in Russia should be possible (positive examples for judgements from UK, Netherlands and France) • Typical Problems

  3. Typical Problems • “Pathological” arbitration clauses • Example: “All disputes shall be decided by the Court of International Arbitration of the Chamber of Commerce and Industrie at the seat of the Respondent” • Which one is that? ICC?Arbitration of the Local Chamber of Commerce? • Which one to chose if your claim is going to be time-barred? • Non-responding Respondent • Does not pay advance, does not appoint arbitrator • Especially in combination with a “pathological” arbitration clause, leaves the risk that the award cannot be enforced

  4. Typical Problems (…..continued) • Service of Points of Claim • (relevant in enforcement proceedings) • Most likely, sent by registered mail or courier services • Proof of receipt? • In enforcement proceedings in Russia, often challenged the fact that the points of claim were received • Might help to insist to have points of claim send in different ways (courier services, registered mail, personal hand-over) • By Russian law: Receipt from the post office should serve as proof, although Russian post highly unreliable • In Germany: When in doubt, serve the points of Claim with the help of the bailiff, the official notice of service can hardly be set aside by a court

  5. Disclaimer • Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South Africa (incorporated as Deneys Reitz Inc) and Fulbright & Jaworski LLP, each of which is a separate legal entity, are members (‘the Norton Rose Fulbright members’) of Norton Rose Fulbright Verein, a Swiss Verein. Norton Rose Fulbright Verein helps coordinate the activities of the Norton Rose Fulbright members but does not itself provide legal services to clients. • References to ‘Norton Rose Fulbright’, ‘the law firm’, and ‘legal practice’ are to one or more of the Norton Rose Fulbright members or to one of their respective affiliates (together ‘Norton Rose Fulbright entity/entities’). No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any Norton Rose Fulbright entity (whether or not such individual is described as a ‘partner’) accepts or assumes responsibility, or has any liability, to any person in respect of this communication. Any reference to a partner or director is to a member, employee or consultant with equivalent standing and qualifications of the relevant Norton Rose Fulbright entity. • The purpose of this communication is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of any Norton Rose Fulbright entity on the points of law discussed. You must take specific legal advice on any particular matter which concerns you. If you require any advice or further information, please speak to your usual contact at Norton Rose Fulbright.