Author

Mr Charles H. W. Mak

PhD Candidate in International Law - University of Glasgow

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MCCI

I. Definition

1.

The Moscow Chamber of Commerce and Industry (MCCI) is a non-governmental, non-profit organisation, which is part of the Chambers of Commerce and Industry of the Russian Federation’s system.1 

2.

The Court of Arbitration of the MCCI operates under the auspices of the MCCI. The Arbitration Court of the MCCI is an institution for resolving economic disputes between residents and non-residents of the Russian Federation arising in the course of business practice under the legislation of the Russian Federation, intergovernmental and international agreements according to the procedure provided for by the Rules of the Arbitration, subject to a valid arbitration agreement on the jurisdiction of the MCCI Arbitration over the dispute.2

II. History

3.

The MCCI was established in 1991 in the city of Moscow. The Court of Arbitration at the MCCI was established in 1993. It was renamed the Commercial Arbitration at the MCCI in 1995.3

III. Structure

4.

The Commercial Arbitration at the MCCI is a permanent arbitration institution operating under the Federal Law on Arbitration Courts in the Russian Federation and Law of the Russian Federation on International Commercial Arbitration.4

5.

The Commercial Arbitration is composed of a Presidium, the Chairman of the Arbitration, two Vice-Chairmen of the Arbitration and the Secretariat of the Arbitration.5

6.

The Presidium of the Arbitration is composed of the Chairman of the Arbitration and Vice-Chairmen who join the Presidium ex officio as well as of two arbitrators from the Arbitration’s List of arbitrators.6 Members of the Presidium are approved by the MCCI on the motion of the Chairman of the Arbitration for a term of five years.7 The Chairman and Vice-Chairmen of the Arbitration are appointed by the MCCI for a term of five years.8

7.

The Secretariat of the Commercial Arbitration at the MCCI, which supports the work of the Commercial Arbitration is led by the executive secretary appointed by the MCCI on the motion of the Chairman of the Arbitration.9 The executive secretary has a deputy appointed by the MCCI on the motion of the Chairman of the Arbitration.10 The executive secretary administers the allocation of duties between the executive secretary and the deputy and other members of the Secretariat.11

IV. MCCI arbitration rules

8.

The Commercial Arbitration at the MCCI has adopted rules, namely the Rules of the Arbitration at the MCCI, to govern arbitration proceedings initiated under the auspices of the MCCI.12 The MCCI Arbitration Rules have been approved by the Order of the President of the MCCI on 20 July 2012 and came into force on 1 August 2012.13

V. Investment arbitrations at MCCI

9.

The MCCI has not adopted specific rules or procedures in relation to investor-State disputes (Article 3.1 of the Rules of Arbitration nevertheless provide that disputes in the sphere of an investment activity may be referred to MCCI arbitration),14 and the principal activity of the institution remains commercial disputes. Nevertheless, the Arbitration Court at the MCCI has handled several investment arbitrations under the Convention on Protection of the Rights of the Investor signed on 28 March 1997 in Moscow.15

VI. Model clauses

10.

The MCCI has provided a set of model arbitration clauses.16 The set of model arbitration clauses includes a general arbitration clause and alternative arbitration clauses.17

Bibliography

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