Author Archive: Sergey Usoskin

Sergey Usoskin is an advocate (member of
the Russian bar) and a senior associate at Ivanyan&Partners. He has experience advising clients on and representing them in commercial and investment arbitration matters as well as before the Russian court (including the Supreme Commercial Court). He is a graduate of St Petersburg State University, Faculty of Law and University College London Faculty of
Laws.

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The Second ‘Russian Arbitration Debate’ on 29 September 2016

The Second ‘Russian Arbitration Debate’ on 29 September 2016

The second ‘Russian Arbitration Debate’: an Oxford Debate-style discussion of the key developments in arbitration-related case law in Russia and practical issues Russian parties face in arbitration will be held in Moscow on 29 April 2016 on the eve of the ABA Dispute Resolution Conference. The list below includes topics of the debate as well as the […]

By 26 September, 2016 0 Comments Read More →
Review of Russian Court Decisions Related to Arbitration: January-May 2015

Review of Russian Court Decisions Related to Arbitration: January-May 2015

In January-May 2015 the Russian courts rendered several important decisions dealing with: the arbitrability of public procurement disputes; the effect of pre-existing links between an arbitral institution and a party to arbitration; partial annulment of arbitration awards; and anti-enforcement injunctions. Non-Arbitrability of Public Procurement Disputes Does Not Create Constitutional Issues Application of City Clinical Hospital No. […]

Overview of Essential Russian Cases Related to Arbitration: May–September 2014

Overview of Essential Russian Cases Related to Arbitration: May–September 2014

This overview looks at the most important cases decided by the Russian courts which relate to arbitration. 1. Public Procurement Disputes Not Arbitrable State Establishment Proizvodstenno-Tekhnicheskoe Ob’edinenie Kapitalnogo Remonta i Stroitelstva … v. LLC Arbatstroy (Case No. A40-148581/12, Presidium of the Supreme Commercial Court, Resolution No. 11535/13 dated 28 January 2014 (published in June 2014) The […]

Russian Court on Law Applicable to Arbitrability

Russian Court on Law Applicable to Arbitrability

This week a Russian cassation instance court suggested that foreign laws permitting certain disputes to be referred to arbitration should be respected. This should be the case even if under Russian law similar Russia-related disputes are not arbitrable. Apparently some restrictions on arbitrability have only limited effect. The case before the court concerned enforcement of an […]

Hague Convention Rules Mandatory for Service on Russian Parties

Hague Convention Rules Mandatory for Service on Russian Parties

Last Friday the Supreme Commercial Court released its full reasons for the decision in Nortel v UNI. The Court ruled that an English judgment may not be enforced in Russia, because the respondents had not participated in the English proceedings nor had they been served in accordance with the Hague Convention. The decision may result in delays in […]

Ukraine’s Supreme Court Confirms the Respondent’s Burden to Prove Lack of Notice

Ukraine’s Supreme Court Confirms the Respondent’s Burden to Prove Lack of Notice

In a recent decision the Supreme Court of Ukraine confirmed that the respondent may not prevent enforcement of an arbitral award simply by claiming that it had not received notice. The decision also confirms that the respondent may not circumvent the general allocation of burden of proof mandated by the New York Convention by reframing […]

Award Enforcement in Russia: Forum Conveniens Rule

Award Enforcement in Russia: Forum Conveniens Rule

A significant number of foreign assets can be found in the territory of the Russian Federation. As such, the country may become a popular venue for the enforcement of arbitral awards against foreign entities. This post looks at Russian law and practice when it comes to enforcement of arbitral awards against parties that are not incorporated in […]

Kyrgyz Republic’s Mixed Fortunes in Investment Arbitration

Kyrgyz Republic’s Mixed Fortunes in Investment Arbitration

The Kyrgyz Republic found itself on the receiving end of a flurry of investment arbitration claims a couple of years ago. While it has since successfully resolved a number of cases, it has also lost several times. This post looks at two important recent developments. The first one is three awards rendered against the Kyrgyz […]

Closer Scrutiny of Arbitral Awards Required If Fraud Is Alleged

Closer Scrutiny of Arbitral Awards Required If Fraud Is Alleged

Parties’ use of arbitration for improper purposes has been a topic of growing concern for the Russian business community, courts and state authorities. While an extensive overhaul of the Russian arbitration law to address these concerns is underway, courts employ available procedural mechanisms to combat abuse. This week the Presidium of the Supreme Commercial Court will […]

Ambiguous Clause Successfully ‘Cured’

Ambiguous Clause Successfully ‘Cured’

Russian courts have traditionally been cautious in dealing with ambiguous and too general arbitration clauses. Where parties agree that their disputes “shall be resolved by arbitration” without more the clause is unlikely to be enforced. However, Russia’s participation in the European Convention on International Commercial Arbitration (the “European Convention”) provides a very useful instrument to […]

When It Is Not Too Late to Request Referral to Arbitration?

When It Is Not Too Late to Request Referral to Arbitration?

Under article II of the New York Convention if a state court is seized of a matter covered by an arbitration agreement it shall refer the parties to arbitration if one of the parties requests such a referral. In a recent decision the Federal Commercial Court for the North-Western Circuit provided important guidance as to the timing […]

Supreme Commercial Court to Address Guerilla Tactics and Notice

Supreme Commercial Court to Address Guerilla Tactics and Notice

Earlier this year we covered a case, where the Russian courts refused to enforce an award citing lack of proper notice to the respondent. The courts agreed with the respondent that a person purporting to act on respondent’s behalf lacked the power to do so. The story was not over though as this week a […]

A Stranger in an Arbitration – Why Proper Notice and Powers are Important

A Stranger in an Arbitration – Why Proper Notice and Powers are Important

During the last session of this December’s ICC conference in Moscow panelists discussed “guerrilla tactics” in arbitration. Means to avoid being served with a proper notice and sending an unauthorised agent to represent a party to arbitration featured prominently among the guerrilla techniques. A recent decision of the Federal Commercial Court for the Povolz’e Circuit […]

By 26 December, 2013 0 Comments Read More →
Corporate Disputes’ Arbitrability in Russia: A New Opportunity

Corporate Disputes’ Arbitrability in Russia: A New Opportunity

In a case currently pending before the commercial courts of the North-Western Circuit, the Russian courts will get an opportunity to confirm that disputes arising out of share purchase agreements are arbitrable. Over the past few years several courts have ruled that they are not. With arbitration remaining the preferred means for Russian M&A disputes’ […]

By 19 November, 2013 0 Comments Read More →
Russian SCC to Rule on Tribunal’s Powers to Apply Public Law Rules

Russian SCC to Rule on Tribunal’s Powers to Apply Public Law Rules

The case deals with the tribunal’s ability to void on the basis of an alleged breach of a public law requirement.  A panel of Supreme Commercial Court judges decided this week to refer the matter to the Presidium. The panel relied on a number of grounds justifying setting aside an award applying such rules. In particular, […]

By 14 November, 2013 0 Comments Read More →
More on Asymmetrical Arbitration Clauses from the Russian Courts

More on Asymmetrical Arbitration Clauses from the Russian Courts

In 2012 the Supreme Commercial Courts famously voided a dispute resolution clause, which entitled only one of the parties to choose between arbitration and litigation. Now the Russian courts have to decide whether to enforce a clause, which provides that the buyer should submit all its claims to arbitration, while the supplier should litigate any […]

A Landmark Decision on Validity and Enforcement of Arbitration Clauses in Russia

A Landmark Decision on Validity and Enforcement of Arbitration Clauses in Russia

Earlier this week, the Presidium of the Supreme Commercial Court released the full text of its resolution in Bosch v. Avtosped (a case we covered earlier). Unsurprisingly, the court dismissed Bosch’s claims and referred them to arbitration. However, the Supreme Commercial Court used the case to go over some basic rules that the Russian courts […]

The CIS Arbitration Forum Needs Your Opinion

The CIS Arbitration Forum Needs Your Opinion

The CIS Arbitration Forum has been online for more than two years. From a small project launched by a group of academics and practitioners the Forum has grown into a resource cited in submissions to arbitral tribunals and presentations prepared by state agencies. We would be grateful for your comments and criticism. Be it on […]

By 16 September, 2013 0 Comments Read More →
Supreme Commercial Court to Address Arbitral Tribunals’ Ability to Handle Complex Disputes

Supreme Commercial Court to Address Arbitral Tribunals’ Ability to Handle Complex Disputes

Later this year the Presidium of the Supreme Commercial Court will hear an appeal in ENEL OGK-5 v CJSC ROS Postakva and Worley Parsons Europe Energy Services Ltd. The issues before the court are the arbitral tribunal’s power to assess evidence and the effect an alleged lack of jurisdiction over part of the dispute has on […]

Awarding Excessive Amount of Penalty Interest May Contradict Russian Public Policy

Awarding Excessive Amount of Penalty Interest May Contradict Russian Public Policy

Yesterday the Presidium of the Supreme Commercial Court of the Russian Federation affirmed relevant lower courts’ decisions to set aside a domestic arbitral award. It found that enforcement of an award requiring the respondent to pay penalty interest in the amount clearly exceeding the damages suffered by the claimant violates Russian public policy.  While the […]

Russian Supreme Commercial Court on Cross-Border Litigation

Russian Supreme Commercial Court on Cross-Border Litigation

  Last Friday the Supreme Commercial Court released a long-awaited review of case law in cross-border disputes (disputes involving a foreign party) (for our earlier report on the draft review see here). While such reviews are not de jure binding, they are as a matter of practice followed by the lower courts and provide reliable guidance to litigants. The […]

Russian Dallah in the Making

Russian Dallah in the Making

In a pending case Russian courts are looking at whether the arbitral tribunal may extend its jurisdiction to the City of Moscow on the basis of an arbitration clause in a contract to which a department of the city government is a party. In March 2013, the tribunal (Professor Sherstobitov (chair) and Professors Komarov and […]

Which Decisions of Arbitral Tribunals are Enforceable in Russia?

Which Decisions of Arbitral Tribunals are Enforceable in Russia?

The Federal Commercial Court for the Moscow Circuit issued an important decision last Wednesday confirming the enforcement of a Swiss Rules arbitration order terminating arbitration proceedings. The court confirmed that tribunal decisions other than awards may be enforced in Russia. It also confirmed the lower court’s finding that the parties may modify arbitration clauses by […]

ICSID Rejects Denial of Justice Claims against Kazakhstan in a Recently Released Award

ICSID Rejects Denial of Justice Claims against Kazakhstan in a Recently Released Award

Last week ICSID released a redacted version of a 2010 award in Liman Caspian Oil B.V. and NCL Dutch Investment B.V. v. Kazakhstan.  While both the facts of the case and the parties’ positions have been redacted, the remaining parts of the award provide illuminating analysis of such issues as legality of the investment as a […]

Liman Caspian Oil BV & ors v. Republic of Kazakhstan

Liman Caspian Oil BV & ors v. Republic of Kazakhstan

Liman Caspian Oil BV and NCL Dutch Investment BV v Republic of Kazakhstan, ICSID Case No. ARB/07/14, Award dated 22 June 2010 (excerpts)

Russian SCC to Consider a “Problematic” Arbitration Clause

Russian SCC to Consider a “Problematic” Arbitration Clause

On 16 July the Supreme Commercial Court will consider whether an arbitration clause which consists of a reference to the ICC Rules of Arbitration is enforceable. The lower courts ruled that it was not, finding that it was not specific enough, with parties failing to agree on an institution to administer the arbitration. At first […]

Inmaris Perestroika & ors v. Ukraine

Inmaris Perestroika & ors v. Ukraine

Inmaris Perestroika Sailing Maritime Services GmbH and Others v. Ukraine, ICSID Arbitration (No. ARB:08:8), Award dated 1 March 2012

Service of Foreign Proceedings on Russian Parties: Rules to be Clarified  by the Supreme Commercial Court

Service of Foreign Proceedings on Russian Parties: Rules to be Clarified by the Supreme Commercial Court

Later this year the Presidium of Russia’s Supreme Commercial Court will decide whether service by means other than those under the Hague Convention constitutes proper notice sufficient for enforcement of the resulting judgment of a foreign court. The decision will have significant repercussions for international litigations involving respondents based in Russia, since to date in many […]

Enforcement of Arbitral Awards in Russia: Effect of Foreign Court Proceedings

Enforcement of Arbitral Awards in Russia: Effect of Foreign Court Proceedings

In April, the Federal Arbitrazh Court for the Moscow Circuit faced two opportunities to address the implications of foreign set aside proceedings on the enforcement of an award in the Russian Federation. In the first case, it ruled that a party’s failure to raise an objection to the award in the set aside proceedings precluded […]

Moldova Gets a Mixed Result in the First ICSID Arbitration against it

Moldova Gets a Mixed Result in the First ICSID Arbitration against it

On 8 April 2013, the tribunal rendered an award in Arif v Moldova, the first ICSID arbitration against Moldova, which commenced several months after it had ratified the ICSID Convention. The tribunal (Cremades, Hanotiau, Knieper) rejected the majority of the investor’s claims, but found that Moldova had in one instance violated the obligation to provide fair […]

Franck Charles Arif v. Republic of Moldova

Franck Charles Arif v. Republic of Moldova

Mr Franck Charles Arif v Republic of Moldova, ICSID Arbitration (No. ARB:11:23), Award dated 8 April 2013

Can Parties Waive the Right to Challenge an Award Rendered in Russia?

Can Parties Waive the Right to Challenge an Award Rendered in Russia?

On 12 March 2013 a Russian court held that an award rendered in Russia may not be set aside if the parties have agreed that it will be final and have waived any recourse against it. The Federal Commercial Court for the Moscow Circuit ruled that in such cases the only remedy available to the […]

Israeli Court Recognises a Russian Judgment on the Basis of Reciprocity

Israeli Court Recognises a Russian Judgment on the Basis of Reciprocity

We have already reported on the building up of Russian case law on the recognition of foreign court judgments on the basis of reciprocity and international comity. An important advantage of this practice for Russian parties and courts is that it creates a basis for the recognition and enforcement of Russian court decisions in foreign states […]

Seminar on Practical Aspects of Litigation and Arbitration in London

Seminar on Practical Aspects of Litigation and Arbitration in London

On 13-15 March 2013 Centalex Events is organizing a seminar on litigation and arbitration in London for CIS practitioners and in-house counsel. The seminar  will be delivered by barristers from One Essex Court and lawyers from White&Case.  CIS Arbitration Form is an information sponsor of the event. The seminar’s program covers some of the most […]

By 27 February, 2013 0 Comments Read More →
Supreme Commercial Court to Address Disproportionality of Penalties as Public Policy Defence

Supreme Commercial Court to Address Disproportionality of Penalties as Public Policy Defence

For years Russian courts have struggled with the question of whether an obviously disproportionate amount of damages/penalties awarded by an arbitral tribunal may lead to refusal to enforce the award. The prevailing practice has been to reject this proposition since it entails review of the merits of the case. Yet lower instance courts have sometimes […]

By 18 February, 2013 0 Comments Read More →