May 14, 2009. Moscow – Today the Swiss Arbitration Association (Association Suisse de l’Arbitrage – ASA) in cooperation with EPAM held a one-day Late Afternoon Seminar Introduction To Arbitration In Switzerland.
Attendees of the seminar – the Russian in-house lawyers and attorneys practicing international and business law – were greeted by Prof. Dr. Franz Kellerhals, Member of the Board of the ASA and Ilya Nikiforov, managing partner of St.Petersburg Law Office EPAM.
In his introductory word to the participants Ilya Nikiforov reported history and peculiarity of enforcement practice in Russia. "Russia is much feared by judgment creditors because of its reportedly inconsistent enforcement practices; however, reality shows that those claimants that are brave enough to step in the jurisdiction with a guidance from proper local counsel fare quite good; I would say that successful enforcement record qualifies to call Russia arbitration-friendly jurisdiction. In this world a handful of bad judgments where enforcement is denied are widely publicized and criticized; and numerous good cases where everything proceeds smoothly do not receive media coverage", Ilya Nikiforov noticed.
The Swiss practitioners, members of the Swiss Arbitration Association: Philippe Bärtsch (Schellenberg Wittmer), Harold Frey (Lenz & Staehelin), Franz Kellerhals (Kellerhals Attorneys at Law), Philipp Habegger (Walder Wyss & Partners Ltd.), Frank Spoorenberg (Tavernier Tschanz) presented an overview of arbitration’s advantages in Switzerland: political neutrality, a well-developed legal system, geographically convenient location, excellent infrastructure, but above all, openness of mind to the different values, cultures and perceptions of foreign parties coming to arbitrate in Switzerland.
Switzerland has a modern international Arbitration Law in Chapter 12 of the Swiss Federal Private International Law Statute, in force since January 1, 1989. On a liberal and flexible basis, essential provisions assure a proper constitution and functioning of the arbitral tribunal and give the parties (and the arbitrators) all the necessary flexibility to conduct the arbitral proceedings in accordance with their own fair and reasonable expectations.
Current issues of international arbitration in Russia were reported by Evgeny Raschevsky, Partner at EPAM. Evgeny Raschevsky detailed interpretation of public policy, «non-arbitration» character of some disputes and withdrawal based on case-studies. (Upload presentation)
The seminar was followed by a cocktail reception co-sponsored by the Swiss Arbitration Association and EPAM.
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The Swiss Arbitration Association (ASA) is a non-profit association with over 1000 individual members, practitioners and academics engaged and/or interested in domestic and international arbitration. Membership is open to all nationalities and irrespective of the level of experience; actually more than 350 members reside outside of Switzerland. Many of the most distinguished names in international arbitration are ASA Members. To apply for a membership, please visit the application form website.
EPAM is the leading national law firm in Russia with offices in Moscow, St. Petersburg and an associated office in London EPAM LLP. Founded in 1993, the firm combines extensive emerging markets experience with international professional standards. It regularly represents international companies doing business in Russia and Russian companies going international. The firm regularly acts for the Russian Federation in transactional and litigation matters. The firm also frequently serves as Russian counsel to leading international law firms.