Author Archive: Ivan Philippov

Ivan Philippov is a Russian lawyer, currently going through a qualification process for becoming a solicitor of England and Wales. He specialises in international commercial and investment arbitration and has experience of working or doing internships in Russia, United Kingdom and Sweden. He is a graduate of the School of International Law of Moscow State Institute of International Relations (University) of the MFA of Russia and School of International Arbitration of Queen Mary, University of London.

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Russian Constitutional court denies enforcement of ECHR decision on Yukos

Russian Constitutional court denies enforcement of ECHR decision on Yukos

On 19 January 2017 Russian Constitutional Court came to the conclusion that the decision of the European Court of Human Rights (the ECHR) on compensation payment of more than €1.866 bln on Yukos case violates the Russian Constitution and cannot be enforced. This is the first case in which the Court has followed its 14 […]

English Court of Appeal upholds arbitration award in a complex Moscow mall dispute

English Court of Appeal upholds arbitration award in a complex Moscow mall dispute

In its recent judgment, the English Court of Appeal (the “Court“) decided to uphold the arbitration award in a dispute between a former Russian MP Ashot Yegiazaryan and his business partner Vitaly Smagin. The case was rather complex as the arbitration proceedings involved two arbitration agreements based on two separate contracts, one of which was not […]

Paris court confirms state companies’ use of investment arbitration under Russia-Ukraine BIT (Ukraine v Tatneft)

Paris court confirms state companies’ use of investment arbitration under Russia-Ukraine BIT (Ukraine v Tatneft)

On 29 November 2016 the Paris Court of Appeal (the Court) decided to uphold the arbitration award in the long-lasting dispute between Russian oil firm PJSC Tatneft (the Tatneft) and Ukraine. In this case, Ukraine unsuccessfully tried to set aside the $112m investment treaty awards in favour of Tatneft. The main issue in the case was […]

No education – no representation. Russian Constitutional Court decides on legal education requirement for administrative proceedings

No education – no representation. Russian Constitutional Court decides on legal education requirement for administrative proceedings

Until quite recently Russian procedural law has had no particular requirements as to parties’ representatives in non-criminal legal proceedings. This situation started to change in 2015 when the Russian Parliament approved the new Code of Administrative Procedure (the “Code“). These changes, which quickly turned out to be controversial, became part of the larger dispute on the so-called […]

Russia fights Ukraine over “Yanukovych debt”

Russia fights Ukraine over “Yanukovych debt”

The slowly developing Russia-Ukraine $3 billion sovereign debt dispute got a sudden new development when, at the end of July 2016, Russia requested the London High Court make an expedited ruling on the dispute. Following that, on 8 September 2016, the High Court scheduled the hearings for the dispute for 17-20 January 2017. The debt The history of this […]

By 9 September, 2016 0 Comments Read More →
Russian court rules on foreign currency use in real estate transactions

Russian court rules on foreign currency use in real estate transactions

On 18 July 2016 the Commercial Court of Moscow region refused to confirm the settlement agreement between PAO Vimpel-Communications and PAO Tizpribor in the year-long dispute between the two companies. The outcome of this case may have significant consequences both for Russian real estate, in particular for the use of foreign currency in tenancy agreements, as well […]

Yukos Award – Beginning of a New Enforcement Saga

Yukos Award – Beginning of a New Enforcement Saga

While the recent agreement between Yukos shareholders and Rosneft settles all litigation disputes between them, it does not solve the existing disputes between Yukos and Russia as a state, in particular the $50 billion arbitration award made by the PCA in The Hague in 2014. As Russia refuses to voluntarily comply with the award, Yukos […]

The Problem of ‘Pocket Arbitration Courts’ in Russia: Finally Resolved?

The Problem of ‘Pocket Arbitration Courts’ in Russia: Finally Resolved?

The recent decision of the Russian Supreme Court in the case of Geotrest LLC v Gazprom Invest Vostok LLC and an earlier decision of the Constitutional Court indicate a significant change in the approach of Russian courts to the so-called “pocket arbitration courts”. These decisions contradict the previous practice and will most likely lead to significant […]

How far Should the Court go in Applying Public Policy? Lessons from Sweden

How far Should the Court go in Applying Public Policy? Lessons from Sweden

In January 2015 the Russian Supreme Court upheld the decisions of the lower courts which refused to enforce a SCC arbitration award due to public policy reasons. Prior to that the Swedish Svea Court of Appeal has reviewed the same case in the annulment proceedings and came to the opposite conclusion. The approaches of the Russian and […]

By 19 February, 2015 0 Comments Read More →
Notice of Arbitration to the Parent Company: Proper or Not?

Notice of Arbitration to the Parent Company: Proper or Not?

In a recent decision the Supreme Commercial Court of the Russian Federation found that a notice of arbitration proceedings to the parent company’s general counsel was proper in the context of the facts of the case. The decision has also raised discussions about other related issues: first, in which cases could such notice be improper and […]

By 3 September, 2014 0 Comments Read More →