In Memoriam. Сборник воспоминаний, статей, иных материалов - страница 159

Шрифт
Интервал


On returning to the Soviet Union Lebedev says that he had “no difficulty in reintegrating into Soviet life as the Institute of International Relations had provided a very thorough preparation in respect of international relations and contacts with foreigners.” This has certainly been a theme throughout his life. Even though he is now 77 years old he has just spent a week travelling to Stockholm (for an international arbitration), Vienna (to discuss a new project for the investment arbitration rules) and then to Moscow for an arbitration. He also has been heavily involved in the development of international instruments and conventions, including the Hamburg and Rotterdam Rules particularly through his activities in UNCITRAL where he has acted as an expert for the national delegation since 1970. In the 1990s he was a member of the UN Compensation Commission in Geneva appointed by the Security Council.

The Maritime Arbitration Commission in Moscow, set up in 1930 through the efforts of Professor Alexander Keilin (his former professor), has been a central part of Sergei Lebedev’s professional life and he is clearly proud of its achievements. But surely, given the nature of the Soviet Union the outcome of arbitrations would have been subject to political control? Sergei Lebedev says “I have been involved in Russian maritime arbitration for over 50 years and for over 30 years as the President of the MAC – to my knowledge there has been no case where the outcome of the case has been determined by political pressure. The State had no interest in interfering with purely commercial cases that were not politically connected. After all, whether cargo had been damaged by seawater or which party was right in a more complicated dispute was not a political matter. Moreover, in terms of transparency the MAC in 1932 became one of the first arbitral institutions in the world to publish arbitral awards notwithstanding principles of confidentiality. This was to show the outside world that a correct decision had been reached without the influence of any superiors. Surprisingly perhaps, maritime arbitrators were different to State judges – they were private persons, dispensing private justice in private arbitrations.” To mark the 80th anniversary of the Commission, a new book has been published with a summary of recent MAC awards in Russian and English.