Russia, Central Asia and India
The number of international arbitrations involving Russian parties has dramatically risen in recent years. Increasing numbers of contracts contain international arbitration agreements and the new rules of the Russian Arbitration Association, itself created in 2013, came into force in July 2014. The Federal Law on International Commercial Arbitration is based on the UNCITRAL model law and is in the process of being updated by the Russian Ministry of Justice. All this reflects the increasing popularity of this mode of resolving international disputes in Russia.
Much of the involvement members have in Russia and neighbouring territories has centred on disputes in the oil and gas and mining industries. Recently this has included an ICC arbitration about an onshore hydrocarbon processing facility in Russia involving complex technical disputes and issues about the interplay between international and Russian Standards. Other involvement of note in the region includes an ICC arbitration about the supply of longwall coal mining equipment by an Anglo-American manufacturer to a mine in Northern Siberia, and an arbitration about a Kazakhstan gas processing plant and sulfide stress corrosion cracking.
Cases relating to Indian companies or projects have covered a wide spectrum of technologies, including:
- A dispute arising from the design and construction of the turbines and drive systems for a circulating fluidised bed coal fired power station in Karnataka, India
- An ICC arbitration about an offshore dredging contract off the coast of Goa
- An arbitration about the construction of a fertiliser plant by an Indian contractor and its performance bond issued by an Indian bank
- An arbitration brought by an Indian contractor concerning termination of its employment to design and build a sugar processing facility in Africa.