The International Commercial Arbitration (ICA) team at KIAP took part in the development of the Arbitration Association (RAA) protocol on equal access to justice in the time of sanctions, provisionally titled ASAP.
KIAP invites anyone interested therein to participate in public discussion of the protocol as a means to preserve international arbitration in disputes with parties subject to the sanctions imposed by states and unions.
The document aims to ensure neutral and independent arbitration amidst the challenges posed by unilateral restrictive measures. RAA’s protocol inherits the idea pursued by other initiatives in this area, such as the HKIAC sanctions policy and the Note to Parties and Arbitral Tribunals on ICC Compliance.
Over the course of its long development, international arbitration, as a non-judicial dispute resolution method, has served as a neutral tool for resolving controversies of both public- and private-law nature. This idea was proclaimed, inter alia, by the heads of the Europe’s leading arbitral institutions as early as in 2015, and has been evidenced by the EU continuing policy of excluding the arbitration from its sanctions regulations, which has been appraised by several European arbitral institutions. The same idea that arbitration may exist unaffected at the backdrop of sanctions was the conclusion of the amicus curiae issued by the RAA in support of the renowned “Uralvagonzavod”/“Uraltransmash” case about antisuit injunctions considered by the Russian Supreme Court.
Now that the Russian courts are applying Articles 248.1 and 248.2 of the APC RF more and more frequently, international arbitration with Russian parties is quite vulnerable. RAA’s protocol is the tool to support stability of international arbitration, which, as we believe, should remain unhindered by any sanctions and political conflicts.
In November, the draft protocol was presented at Dubai Arbitration Week, during the conference Mergers and Acquisitions in Russia 2024 and at the Annual RAA Conference in Moscow.
Focus of the RAA Working Group
The RAA Working Group worked on refining two key documents presented by the RAA:
- The Protocol ASAP: designed to mitigate the impact of sanctions on resolution of disputes by way of international arbitration;
- An adapted Arbitrator's Declaration of Independence and Availability: tailored to address the sanctions-incentivized risks.
Where to Find the Documents
More information about the protocol presentation and the published project texts can be found following the link. The official website for the RAA’s protocol will become available soon.