Return of foreign investors: what role will arbitrations play - Stanislav Dobshevich's Comments for Pravo.ru
KKMP Partner Stanislav Dobshevich commented to Pravo.ru on the role of arbitration in the return of foreign investors.

The issue of returning foreign companies to Russia is closely related to the creation of attractive business conditions, including effective dispute resolution mechanisms. In this context, international arbitration remains a key tool combining flexibility, predictability and enforceability of decisions.

Now it is profitable for foreign companies to choose Russian arbitrages. This significantly increases the chances of enforcing decisions on the territory of the Russian Federation.

There is a large array of court practice when foreign arbitration decisions were not carried out. For example, this happens when execution leads to a violation of counter-sanction legislation. The choice of Russian arbitration significantly increases the chances of a foreigner to enforce the decision on the territory of Russia. And foreigners realize this.

However, disputes with a foreign element require a thorough examination of the arbitrators for impartiality.

Indeed, you have to carry out a large and detailed fact-checking. But arbitration institutions have become more receptive to such claims. In particular, the International Chamber of Commerce (ICC) tries to appoint an arbitrator from neutral jurisdiction whenever possible.

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