Ranchinskaya, P.O. Specific features of interaction between Russian and international law in the sphere of international commercial arbitration

Abstract: The author analyzes international commercial arbitration in Russia as well as the connection between the Russian legal system and the legal systems of other states, which was formed due to its influence. In particular, the article concerns such issues as confidentiality of arbitration proceedings, following the proportionality principle, problems of enforcement of arbitration decisions and formation of an arbitration agreement, as well as nuances of data transfer with the use of modern digital technologies. It is stated that it is typical for the Russian law to follow both public and private rules and norms of international law. In the opinion of the author the situation with the application of international law in the Russian Federation was considerably improved after the Part 3 of the Civil Code of the Russian Federation was passed, and the Russian conflict of laws norms on foreign economic deals came into conformance with the modern tendencies of development of the international private law. Nevertheless, the author considers that existing solutions are still far from perfection. Considering that the Russian approach to arbitrability is narrower than it is in a number of other states, there is a possibility that the foreign companies and their representatives shall avoid dispute resolution in Russia. That is, the author considers that the attempts to introduce strict control by state judicial bodies may worsen the position of the Russian companies, having commercial relations with foreign businesses. As a result of the outflow of the international arbitration from Russia due to the strict state policy, the economic situation of enterprises being parties to such disputes shall become worse. It shall lead to worsening of the situation in the national economy as a whole. On the other hand, after Russia has entered the WTO, the relations between the state judicial bodies and international commercial arbitration are being corrected. It allows us to hope to successfully pass another level of changes in the Russian law.

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