U.C.

-Russia Business Council

Russia Legal Seminar 2011 Statistics

June 9, 2011

Russia Legal Seminar 2011

International arbitration and Russia: Geneva, Stockholm and New Forums for Redress What role does international arbitration play in adjudicating disputes in Russia? Are international rulings effectively recognized? Can companies structure deals under foreign jurisdiction, and do these provide greater security?

2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

International Arbitration Institutions Some Statistics

Institution ICC AAA/ICDR LCIA SCC Swiss Chambers

Type International and Domestic International International International and Domestic International

2005 521 580 110 100 54

2006 593 586 130 141 50

2007 599 621 127 170 58

2008 663 703 221 176 68

2009 817 836 272 215 104

2010 793

Total 3 986 3 326

246 197 89

1 106 999 423

Sources: School of International Arbitration Research (www.arbitrationonline.org); Facts and Figures on ICC Arbitration Annual Statistical Report; The American Arbitration Association (www.adr.org); Director General`s report, March 2011, Adrian Winstanley; Source: Arbitration Institute of the Stockholm Chamber of Commerce (www.sccinstitute.com); Swiss Chambers Court of Arbitration and Mediation (www.sccam.org).

2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

International Chamber of Commerce (ICC)

Annual number of cases 900
817

800 700 600

521 593 599 663

793

500 400 300 200 100 0 2005 2006 2007 2008 2009 2010

Source: School of International Arbitration Research (www.arbitrationonline.org); Facts and Figures on ICC Arbitration Annual Statistical Report
2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

American Arbitration Association (AAA)/ International Centre for Dispute Resolution (ICDR)

Annual number of cases 900 800

703 836

700
621

600 500 400 300 200 100 0

580

586

2005

2006

2007

2008

2009

Source: The American Arbitration Association (www.adr.org).

2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

London Court of International Arbitration (LCIA)

Annual number of cases

300
272

250
221

246

200

150
110

130

127

100

50

0 2005 2006 2007 2008 2009 2010

Source: Director General`s report, March 2011, Adrian Winstanley.

2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

Stockholm Chamber of Commerce (SCC)

Annual number of cases

250
215

200
170 176

197

150

141

100

100

50

0 2005 2006 2007 2008 2009 2010

Source: Arbitration Institute of the Stockholm Chamber of Commerce (www.sccinstitute.com).

2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

Swiss Chambers

Annual number of cases

120
104

100
89

80
68

60

54

58 50

40

20

0 2005 2006 2007 2008 2009 2010

Source: Swiss Chambers Court of Arbitration and Mediation (www.sccam.org).

2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

International Arbitration Institutions Origin of Parties

Origin of Parties LCIA Russia Other CIS Others Total SCC Russia Other CIS Others Total Swiss Chambers Eastern Europe and former USSR Others Total

2009

2010

12% 5% 83% 100%

7% 3% 90% 100%

7% 4% 89% 100%

7% 5% 88% 100%

6% 94% 100%

2% 98% 100%

Source: Director General`s report, March 2011, Adrian Winstanley; Arbitration Institute of the Stockholm Chamber of Commerce (www.sccinstitute.com); Swiss Chambers Court of Arbitration and Mediation (www.sccam.org).
2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

LCIA Origin of Parties

Origin of Parties, 2009

Origin of Parties, 2010

13%

17%

12% 48% 4% 7%

UK (13%) Russia (12%) Other CIS (4%) North America (7%) Other West European (10%) Other Caribbean (7%) Others (48%)

7% 49% 3%

UK (17%) Russia (7%) Other CIS (3%) North America (9%) Other West European (8%) Cyprus (7%) Others (49%)

9%

10% 7%

8% 7%

Source: Director General`s report, March 2011, Adrian Winstanley.

2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

SCC Origin of Parties

Origin of Parties, 2009

Origin of parties, 2010

19% Sweden (48%) Russia (7%) 3% 3% 3% 4% 4% 4% 5% 7% 48% Other CIS (5%) GB (4%) Germany (4%) Norway (4%) USA (3%) The Netherlands (3%) British Virgin Islands (3%) Others (19%)

22% Sweden (47%) Russia (7%) Other CIS (4%) 2% 2% 2% 3% 4% 6% 4% 7% 47% Germany (6%) GB (4%) Norway (3%) USA (2%) British Virgin Islands (2%) The Netherlands (2%) Others (22%)

Source: Arbitration Institute of the Stockholm Chamber of Commerce (www.sccinstitute.com).

2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

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Swiss Chambers Origin of Parties

Origin of Parties, 2009

5% 6% 5% Western Europe (48%) 12% 48% Switzerland (24%) Asia and Middle East (12%) Nothen America (5%) Eastern Europe and former USSR (6%) 24% Others (5%)

Origin of Parties, 2010

9% 2% 3% Western Europe (53%) 13% Switzerland (20%) 53% Asia and Middle East (13%) Nothen America (3%) Eastern Europe and former USSR (2%) Others (9%)

20%

Source: Swiss Chambers Court of Arbitration and Mediation (www.sccam.org).

2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

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Arbitration Courts of the Russian Federation and Ukraine Some Statistics

Institution ICAC (Russia) ICAC (Ukraine)

Type International and Domestic International and Domestic

2005 148 366

2006 120 323

2007 141 319

2008 158 331

2009 250 650

2010 299

Total 1 116 1 989

Sources: School of International Arbitration Research (www.arbitrationonline.org); International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (www.tpprf-mkac.ru); Ukrainian Chamber of Commerce and Industry (www.ucci.org.ua); Vasil Kisil and Partners (www.kisilandpartners.com).
2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

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International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (ICAC)

Annual number of cases

350
299

300
250

250

200
148 120 158 141

150

100

50

0 2005 2006 2007 2008 2009 2010

Source: School of International Arbitration Research (www.arbitrationonline.org); International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (www.tpprf-mkac.ru)
2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

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International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC at the UCCI)
Annual number of cases
700 600 500 400 300 200 100 0 2005 2006 2007 2008 2009
650

366 323 319 331

Sources: School of International Arbitration Research (www.arbitrationonline.org); Ukrainian Chamber of Commerce and Industry (www.ucci.org.ua); Vasil Kisil and Partners (www.kisilandpartners.com).
2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

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ICAC of the Russian Federation Involvement of Russian Parties

Involvement of Russian companies, 2010 Non-Russian companies (both parties) 6%

Involvement of Russian companies, 2009 Non-Russian companies (both parties) 7%

Russian companies involved 94%

Russian companies involved 93%

Source: International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (www.tpprf-mkac.ru)
2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

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ICAC of Ukraine Origin of Parties

Origin of parties, 2010

Ukraine, 51% 21% Russia, 11% Other CIS, 13% Germany, 2% 2% 2% 51% Great Britain, 2% Others, 21%

13%

11%

Sources: Ukrainian Chamber of Commerce and Industry (www.ucci.org.ua).

2011 KPMG Limited, a company incorporated under the Companies (Guernsey) Law, 1994 as amended in 2008, a subsidiary of KPMG Europe LLP, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity.

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