Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation

Execution of MAC’s Awards

In accordance with § 27 of the MAC’s Rules the Commission Awards are executed by the parties voluntarily and at the stated period. If the period is not stated, than the award has to be executed without delay

If the award of the MAC is not executed by the party in time voluntarily, then it is executed in accordance with the law and the international contracts of the Russian Federation. The Russian Federations is a member of the New York Convention 1958 in accordance with which and also with the RF Law “On the International Commercial Arbitration” (July 7, 1993), arbitration awards pronounced by MAC at CCI RF, can not be reviewed materially by the State RF Courts, and can be litigated in the Russian courts only on the basis, prescribed by the article 34 of the noted Law. These bases are connected with possible drawbacks both of the arbitration agreement and the arbitration examination procedure, and they do not concede the state court interference in the dispute, settled by the arbitrators.
Since the 1st of September, 2002, in accordance with the RF Arbitration Procedure Code  in effect the contestation or the MAC at CCI RF decisions is realized in the Moscow Arbitrazh Court in the period not more than 3 months from the moment of the arbitral decision acquisition. The definitions of this court for this category of cases is not  liable to taking an appeal by the appellate procedure and can be litigated by the cassational procedure at the Federal Arbitrazh Court of the Moscow district.

The person filing application for the reversal of a MAC’s award, has obligatory to point out the grounds  why he litigates such decision, besides the limiting list of such grounds can be found in the article 233 of the RF Arbitration Procedure Code. If he do not point out such grounds or he points out in his application the grounds which he considers as the convincing ones but if they are not prescribed by the article 233 of the RF Arbitration Procedure Code, in accordance with the part 4 of the article 231 of the RF Arbitration Procedure Code such an application rests without movement or it is returned to the appellant.

The person filing application for the reversal of an international arbitration award, according to the article 231 of the RF Arbitration Procedure Code has to inform about it the other part of the arbitration examination.

In accordance with the part 2 of the article 230 of the RF Arbitration Procedure Code, the applications for the reversal of an awards may be filed only by the persons participating in the arbitration settlement, i.e. neither the equity holders of this person, nor the prosecutor, nor the public organizations or the state bodies can litigate awards, pronounced on the RF territory.

The most part of the arbitration awards, pronounced by MAC at CCI RF, is executed on the voluntary bases because on the noted reasons the possibilities of the party casted in lawsuit to achieve the reversal of an award are very limited.

If it is not executed on the voluntary bases, the party in favour of which it is pronounced has a right to make resort to the aid of the state courts for its mandative execution.

The execution of the arbitration award pronounced by MAC at CCI RF is realized abroad in accordance with the norms of the New-York Convention, and in Russia- in accordance with the norms of § 2 of the chapter 30 of the RF Arbitration Procedure Code by the State Arbitrazh Court of the RF constituent unit at its location or community-based site of the debitor, or if these two sites are not known,- at the location of the property of the debitor-party of the arbitration examination (part 3 art.236 of RF APC).

New-York Convention is not directly applicable to the procedure of the order of enforcement exit for mandative execution of the MAC decision, but the norms, based on articles 35 and 36 of the RF Law “On the International Commercial Arbitration”, are applicable to this Convention, and they also are the indivisible ones for the execution of foreign arbitral decisions, and for the execution of international arbitral decisions, pronounced on the RF territory, including MAC at CCI RF decisions.