Archive for June, 2011

Yukos v Rosneft: Russian Courts are not Independent

Yukos v Rosneft: Russian Courts are not Independent

The Yukos saga continued in English courts this month. In Yukos vs. Rosneft English High Court found an issue estoppel based on a Dutch court determination that Russian judgments annulling Yukos arbitral awards resulted from a partial and dependent judicial process The facts of the case were as follows. Yukos Capital SARL (“Yukos”) claimed interest […]

Russian and CIS Arbitration Network’s Launch Party

Russian and CIS Arbitration Network’s Launch Party

The Russian and CIS Arbitration Network (RCAN) scheduled its formal launch party for July 21. The Law Society of England and Wales will host the event in the heart of London City. The Russian and CIS Arbitration Network brings together arbitration practitioners working in Russia and other CIS jurisdictions to share knowledge and experience of […]

Arbitral Tribunals in Russia: Civil Society Institutions or State Actors?

Arbitral Tribunals in Russia: Civil Society Institutions or State Actors?

The Russian Constitutional Court emphasised the role of arbitration in resolution of private-law disputes. Having referred to the arbitral tribunals as “civil society institutions”, it however found that proceedings before them should comply with the requirements of Article 6 of the European Convention on Human Rights. On 26 May 2011 the Constitutional Court of the […]

English Law Week 2011 in Moscow

English Law Week 2011 in Moscow

Russian parties often chose English law to govern their transactions and disputes and the number of Russia-related arbitrations has been growing at the London-based LCIA. Between 27-29 June UK lawyers will have an opportunity to promote themselves on the Russian market. The Bar Council and the Law Society of England and Wales in partnership with […]

Russian Courts Misinterpreted Article V(1)(c) of the New York Convention

Russian Courts Misinterpreted Article V(1)(c) of the New York Convention

Recent practice before courts of the Russian Federation demonstrates that courts there apply certain provisions of the N.Y. Convention in an inconsistent manner.  Specifically, if an arbitral award contains decisions outside the arbitral tribunal’s authority, article V(1)(c) of the N.Y. Convention permits courts to refuse recognition and enforcement of such an award. According to scholarly […]

Express Power to Sign an Arbitration Clause is not Required

Express Power to Sign an Arbitration Clause is not Required

Power of attorney authorizing the representative to sign a commercial contract is sufficient for such representative to sign a contract containing an arbitration clause. In a recently published decision the Presidium of the Supreme Arbitrazh Court of the Russian Federation confirmed that the provision of Article 62 of the Arbitrazh Procedure Code requiring that for […]