Some Comments on the Second Speech of Mikhail Galperin. Loosing Arbitration Reins in Respect of Import Substitution and Arbitration of Corporate Disputes: Two Failures in Previous Policy by the Russian Ministry of Justice
The author analyzes the speech of Mikhail Galperin and leading to a quite critical assessment. The author believes that Galperin’s statements about the success of arbitration reform in Russia cannot be regarded as corresponding to reality. The proposals by the Russian Ministry of Justice to amend the Russian laws on arbitration are examined in detail. They concern arbitration of corporate disputes (amendments are liberal but quite insignificant), ad hoc arbitration (restrictions are to be imposed upon it), and the activities of foreign arbitration centers in Russia (on the one hand the Ministry of Justice is attempting to invite them to Russia, while on the other it demands that they establish commercial presences in Russia which does not comply with Russia’s commitments as a WTO member). In the end a general estimation of the address by M. Galperin and of the policy of the Russian Ministry of Justice is given which the author finds to be counter-arbitration.