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

Procedure

The main condition to apply to the MAC is to include into the text of the contract the recommended arbitration clause or to sign a separate document which would include such clause.

The settlement of disputes in the MAC is conducted under it’s Rules (effective on 1st January, 2007), which reproduce some provisions of the previous rules.

Arbitration proceedings shall be instituted by filing a statement of claim with the MAC.
The statement of claim shall contain:

• the names and addresses of the parties;
• the claimant’s demands, including the amount of the claim;
• the claimant’s signature;
• substantiation of the jurisdiction of the Commission to consider the given dispute;
• description of circumstances serving as the basis of the claim and reference to evidence corroborating these circumstances;
• the name and surname of the arbitrator chosen by the claimant, or the request that an arbitrator be appointed by the Commission President; the claimant can also choose a reserve arbitrator;
• a list of the documents that are attached to the statement of claim.

Where a representative files a statement of claim a power of attorney or other document evidencing the powers of the representative shall be attached to it.

Disputes referred to the MAC shall be settled by arbitrators (third-party judges) chosen or appointed in each case in accordance with these Rules from among persons possessing the necessary knowledge in arbitrating the disputes falling within the jurisdiction of the Commission.

The Chamber of Commerce and Industry of the Russian Federation (CCI RF) shall approve for a five-year term, upon representation of the MAC Presidium, a list of MAC members (“List of Arbitrators”), which shall contain the full name of each arbitrator, his place of employment, occupation and specialization, academic degree, and knowledge of foreign languages.

Persons not on the List of Arbitrators may also serve as arbitrators, except as specified otherwise in these Rules.

The arbitrators are not representatives of the parties. They shall be independent and impartial in fulfilling their duties. Each person assuming the duties of an arbitrator in a particular case shall be required to disclose to the Commission without undue delay any circumstances that may give rise to reasonable doubts as to his impartiality or independence.

An oral hearing shall be held in camera. The arbitrators, the reporter and staff of the MAC secretariat shall refrain from disclosing information about any dispute referred to the Commission, of which they become aware and which may impair the legitimate interests of the parties.