BRICS Dispute Resolution To Replace Western Based Arbitration Courts

The Russian-Chinese Legal Congress is taking place on December 4^th, and amongst other matters, will discuss the issue of resolving maritime disputes between BRICS countries. Anastasia Simonova, of Verba Legal, has stated that “Cooperation between Russia, China and India in the field of maritime transportation, international transit of goods, in relation to the Northern Sea Route requires the formation of an effective mechanism of jurisdictional protection to ensure neutral consideration of disputes with the least reference to a specific jurisdiction. Traditionally, London has been the leader in the number of international maritime disputes in arbitration. However, it is worth noting that the consideration of maritime disputes in arbitration institutions in unfriendly countries has become extremely problematic, starting with the payment of fees and ending with the search for impartial arbitrators capable of maintaining neutrality. In this regard, the most effective way out is to consider maritime disputes within the framework of the proposed BRICS+ Arbitration Mechanism, developed by the RSPP together with other arbitration institutions of the BRICS countries.”

The concept proposes joint activities of national arbitration institutions in the BRICS member states to administer arbitration proceedings according to unified rules and common standards. It is also proposed to create a maritime arbitration commission on this basis, which could include leading experts in maritime arbitration from the BRICS countries, and in particular, specialists from the China Maritime Arbitration Commission, the Arbitration Centre at the RSPP.

Such a move signals the beginning of a demise for Western-based global standards and institutions, which clearly under the impact of sanctions subsequently render themselves non impartial. It is impossible to provide unbiased legal opinions on global issues and abide by unilaterally imposed sanctions. While maritime arbitration along the Northern Sea Route may be esoteric for some, the implications concerning the establishment of alternative dispute resolution mechanisms will have a worldwide impact.

For China, Russia and India, this will mean the development of a legal services industry that is conversant with all aspects of their maritime law. Qualifications in “BRICS Law” will only be a matter of time, while the suggestion also implies the regulatory institutionalisation of the BRICS group.

The Russian-Chinese Legal Congress will be held in Moscow for the first time on December 4, 2024. The Congress is co-organized by RUDN University, the Union of Chinese Entrepreneurs in Russia, the Moscow-Beijing Business Cooperation Center of Business Russia, Beijing DHH Law Firm. The Congress will be held with the participation of the Embassy of the People’s Republic of China, the State Duma of the Federal Assembly of the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation and federal authorities, representatives of regional administrations, heads of legal centers.