The arbitrators of the ICAC at the RF CCI in Rostov-on-Don, practicing international lawyers and representatives of the scientific sphere discussed the prospects for foreign economic activity in the context of Covid-19, the impact of restrictive measures on business and paid special attention to the conclusion and execution of contracts.
In his welcoming speech, Vice-President of the Chamber of Commerce and Industry Yuri Alekseevsky noted that the situation with Covid-19 affected all spheres of society. The work of the Chamber of Commerce and Industry of the Rostov Region during the period of introduction of restrictions continued: examinations were carried out, certificates of origin of goods were issued, a lot of work was done to issue conclusions on force majeure. The Chamber of Commerce and Industry of the Rostov Region has successfully mastered the online format of events and consultations, which is still used today. The speaker urged the business community to actively seek the capabilities of the Chamber of Commerce and Industry to effectively address emerging problems, including those related to COVID-19.
Alexander Saneev, head of a separate subdivision of the Russian Export Center in Rostov-on-Don, urged foreign economic activity participants to actively use the state support provided by the exporter, including various types of subsidies, the list of which has been expanded recently, and the possibilities of risk insurance at EXIAR. The REC division also did not stop its activities during the period of restrictions and is ready to provide online and offline assistance to exporters.
Despite the pandemic, business interest in international cooperation has been growing lately. The Chamber of Commerce and Industry of the Rostov Region in tandem with the regional export support center helps entrepreneurs find new partners and certify goods produced in the Russian Federation in accordance with international standards. Anna Baryshnikova, Head of the Department for Foreign Economic Cooperation and Exhibition and Fair Activities of the Chamber of Commerce and Industry of the Russian Federation, spoke about this. She also warned entrepreneurs.
— Recently, there have been many complaints about cases of various kinds of fraud. We highly recommend entrepreneurs, especially those who are starting to cooperate with new foreign partners, to carry out a due diligence check of the company. The Chamber of Commerce and Industry of the RO provides such a service, — said Anna Baryshnikova.
Nikita Ivancha, a specialist at ANO «TsPE RO», spoke about the activities of ANO «Export Support Center» during the pandemic. In his opinion, one of the most promising ways to bring Russian goods to foreign markets is electronic commerce. The Export Support Center invites entrepreneurs to present goods and services on international electronic trading platforms — marketplaces. The center posts information about products on such marketplaces as Wildberries, Alibaba, eBay. The speaker also drew attention to the great interest of the region's companies in this type of assistance provided by the center jointly with the Chamber of Commerce and Industry of the Rostov Region, as a free examination of export contracts.
Nikita Pendyurin, arbitrator of the ICAC at the RF CCI, head of the law company «YUNT», Ph.D., spoke about the peculiarities of the procedure for concluding foreign economic contracts in the context of the threat of the spread of Covid-19. He drew attention to the fact that persons conducting foreign economic activity, first of all, need to contact trusted organizations that will help control the process of concluding a foreign economic contract and check the counterparty.
Yulia Levina, the head of the legal department of the Chamber of Commerce and Industry of the Rostov Region, drew attention to the fact that the Chamber of Commerce and Industry RO draws up conclusions on the presence of force majeure circumstances (force majeure) only under internal agreements concluded between Russian entrepreneurs, under international contracts — one must contact the Chamber of Commerce and Industry of the Russian Federation.
In his speech on the prevention of negative consequences from non-fulfillment of obligations by a party to a foreign economic contract, including those related to Covid-19, Roman Lezhnin, arbitrator of the ICAC at the RF CCI, chairman of the Lezhnin and Partners Bar Association, Ph.D., noted that the main the recommendation for the preparation of the foreign economic is the inclusion in the contract as the applicable law — the legislation of the Russian Federation, as well as an arbitration clause providing (if necessary) the possibility of prompt and effective dispute resolution. The speaker noted that the presence in the region of the Branch of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (in Rostov-on-Don) is a convenient alternative to dispute resolution in foreign arbitrations, especially in conditions of travel restrictions due to COVID-19.
Anna Tarasova, Head of the Department of International Law of the Southern Federal University, spoke about the types of clauses and clauses in foreign economic contracts: adaptation of the contract to new conditions. In her opinion, adaptation is the main expression of flexibility in regulating contractual relations. The adaptation of the contract by agreement of the parties is considered as a way to minimize potential losses from breach of contract due to a change in circumstances.
«As we know, in order to pass the certification procedure, technical tests are carried out, which often took longer than the established 45 days, which caused an administrative violation. At the moment, the term has been increased to 90 days, but only for the current year, — said Gennady Merkuriev, customs broker, expert of the Southern Customs Alliance Group of Companies, CTO LLC. He also spoke about other measures taken and canceled in the context of a pandemic.
At the event, GRATA International was represented by Andrey Lopatin, a lawyer of the maritime, customs and foreign economic activity, who highlighted the situation of the impact of coronavirus in the field of maritime shipping. He told how during the pandemic, using the example of contracts for the carriage of goods by sea and a time charter, problems in the process of transporting goods were solved. The speaker shared information about the restrictions that affected maritime shipping and what special conditions in this regard should be included in the agreement.
The event discussed the practice of cooperation with China in the light of COVID-19. China was the first to come under restrictions and interaction with them now gives Russian entrepreneurs valuable experience. Yulia Khantalina, General Director of Svoi Lyudi, shared with the audience the experience of interaction between Russian companies and China in the context of Covid-19 and gave examples of successful cases in 2020.
Valeria Eleva, Head of the RF CCI Branch, Executive Secretary of the ICAC Branch at the RF CCI in Rostov-on-Don, spoke about how Covid-19 affected international commercial arbitration.
«The pandemic does not change the fundamental principles of the functioning of arbitration, including the efficiency and economic efficiency of the consideration of cases, — said Valeria Eleva. — Arbitration institutions took measures to minimize the potential negative impact of the coronavirus on the course of arbitration proceedings and preserve the health and safety of all those involved in them.»
According to the speaker, digitalization began earlier in arbitration centers than in state courts. Many rules and regulations of arbitration centers around the world even before the coronavirus provided for the use of videoconferencing in proceedings. There was also a tendency towards an increase in the role of the arbitrator as an «effective manager» of the process, which also contributes to the stability of business relations and the effectiveness of dispute resolution.
During the seminar, the participants were able to discuss urgent problems related to Covid-19, exchange experiences and unite for further cooperation.
At the end of the event, a solemn award ceremony was held for the winners of the international student competition «International law, foreign economic activity, cross-border dispute resolution: the period of transformation and digitalization.» The winners and awardees of the competition received certificates and valuable prizes.
A source: www.tppro.ru