Commercial Arbitration

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 […]

Russia’s Mistral Deal under International Sanctions – will the Dispute be Arbitrable? 

Russia’s Mistral Deal under International Sanctions – will the Dispute be Arbitrable? 

Controversies have surrounded the purchase of French Mistral helicopter carriers by Russia since the very beginning. In 2010, after eight months of talks, Russian President Dmitry Medvedev approved the purchase of two ships of the Mistral class from France for €1.37 billion. The deal was concluded despite objections from some of France’s allies in NATO. […]

Court Affirms Non-Arbitrability of Disputes Involving Public Element

Court Affirms Non-Arbitrability of Disputes Involving Public Element

The presidium of the Supreme Arbitrazh Court recently published two resolutions in cases which arguably provide guidance as to the arbitrability of disputes arising from contracts with a high concentration of public elements. While both cases concern domestic – rather than international – arbitration, they touch on the public interest implications of arbitrability, the validity of arbitration […]

By 18 September, 2014 0 Comments Read More →
SCC is Organising a Conference on CIS Dispute Resolution in Stockholm

SCC is Organising a Conference on CIS Dispute Resolution in Stockholm

The Stockholm Chamber of Commerce (SCC) is organising a two-day conference on International Dispute Resolution in Sweden involving parties from Russia and CIS 3-4 of November in Stockholm. The conference will have a special focus on disputes involving Russian and CIS parties and is organised by the SCC in cooperation with the Russian Arbitration Association and the […]

By 8 September, 2014 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 →
Arbitrability of Disputes Under Public Procurement Contracts In Ukraine: Recent Court Practice

Arbitrability of Disputes Under Public Procurement Contracts In Ukraine: Recent Court Practice

Recent judgments of the Ukrainian courts have again attracted attention to the issue of arbitrability, which remains under debate both in theory and in practice in Ukraine. This time court practice deals with disputes arising out of the so-called “commercial contracts related to satisfaction of the state’s needs” (“Public Procurement Contracts”). The judgments discussed in […]

Seminar “Current Trends in Russian Arbitration Law” in Hamburg

Seminar “Current Trends in Russian Arbitration Law” in Hamburg

Seminar “Current trends in Russian arbitration law – in light of the recent case law and the pending law reform” took place on 2 September 2014 in Hamburg (Germany). Norton Rose Fulbright hosted this event organized by the German-Russian Lawyers’ Association. Important new developments occurred this summer with regard to pending Russian legislative reform on domestic […]

By 24 August, 2014 0 Comments Read More →
Conference “Arbitration in Russia: New Solutions for Business”

Conference “Arbitration in Russia: New Solutions for Business”

Russian publishing House Kommersant and Russian Arbitration Association will hold a conference on 16 October 2014 in Moscow on resolution of commercial disputes through online arbitration platforms: Arbitration in Russia New Solutions for Business. Online dispute resolution is getting increasingly popular. With the rise of the Internet, other intelligent  bits of technology, lawyers would be […]

By 22 August, 2014 0 Comments Read More →
Yukos Award – Is There a Chance for a Successful Challenge?

Yukos Award – Is There a Chance for a Successful Challenge?

Is an appeal really possible in this case? And, if not, what other options are available for the Russian Federation? Russia’s leading newspaper Kommersant has leaked Russia’s intentions and the grounds it can use to resist the award. This article aims to find out which legal recourse can be used by the Russian Federation and whether it has […]

By 6 August, 2014 0 Comments Read More →
Non-Arbitrability of Disputes Arising Out of Government Contracts in Russia

Non-Arbitrability of Disputes Arising Out of Government Contracts in Russia

As we reported earlier the Supreme Commercial Court has ruled that arbitral tribunals cannot resolve disputes arising out of government contracts. The court quashed the decisions of lower courts granting enforcement of a domestic arbitration award in a dispute between a government agency and a company. The full text of the court’s resolution has been recently published. Over sixteen […]

ICDR Y&I Seminar in Moscow: Modern Challenges of International ADR in Russia

ICDR Y&I Seminar in Moscow: Modern Challenges of International ADR in Russia

ICDR Y&I invites to its annual seminar in Moscow. This year’s Seminar “Moscow Calling: Interactive Debate with Lawyers, Scholars, and Entrepreneurs will take place on Thursday, September 18, 2014. The Seminar is held on the occasion of the ABA’s Sixth Annual Conference on the Resolution of CIS-Related Business Disputes, which will take place in Moscow on […]

By 8 July, 2014 0 Comments Read More →
How Russian Courts Approach Ambiguous Arbitration Clauses

How Russian Courts Approach Ambiguous Arbitration Clauses

The decision in Iceland Pelagic EHF v CJSC Atlant-Pacific rendered by an appellate court on 19 June 2014 highlighted the lack of unanimity in the approach of the Russian courts to arbitration agreements which refer the dispute either to the incorrect or unclearly-stated arbitral body. The court adopted a very formalistic approach refusing to enforce the arbitration clause on the mere […]

By 7 July, 2014 0 Comments Read More →
Russian Arbitration Day 2014: Arbitration in Russia Undergoing Turbulence

Russian Arbitration Day 2014: Arbitration in Russia Undergoing Turbulence

The international conference Russian Arbitration Day took place on 29 May in Moscow.  The event focused on key issues concerning the development of international commercial arbitration on Post-Soviet territory. It was the second such conference held by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation. A number […]

Kiev Arbitration Days 2014: Think Big!

Kiev Arbitration Days 2014: Think Big!

Kiev Arbitration Days 2014: Think Big! (KAD 2014) will take place on 6-7 November 2014 in Radisson Blu Hotel, Kiev, Ukraine. The conference is conducted under the auspices of the Ukrainian Bar Association. CIS Arbitration Forum is an media partner of the event. The KAD 2014 will bring together world-class dispute resolution practitioners and prominent arbitration experts to discuss problems […]

Конкурс ICC Lex Mercatoria снова пройдет в Минске

Конкурс ICC Lex Mercatoria снова пройдет в Минске

Минск в третий раз станет площадкой для международного диалога по вопросам развития арбитража и международного торгового права.  Организационный комитет ICC Lex Mercatoria  объявляет об официальном старте III Международного студенческого конкурса по международному торговому праву и международному коммерческому арбитражу. ICC Lex Mercatoria – это международное соревнование студенческих команд юридической специальности по разрешению подготовленного Международным арбитражным судом ICC учебного дела, […]

By 23 June, 2014 0 Comments Read More →
Do Russian Courts have Power to Set Aside Foreign Awards?

Do Russian Courts have Power to Set Aside Foreign Awards?

The recent decision of the Federal Commercial Court for the Moscow Circuit in CJSC Energo-Holding v JSC Reverta has reopened the discussion as to the Russian court’s power to set aside foreign awards. The court suggested that a Russian court may set aside a foreign award if the tribunal applied Russian substantive law. This post begins with […]

By 17 June, 2014 0 Comments Read More →
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 […]

Becoming  a Tradition: Second International Arbitration School in Ukraine

Becoming a Tradition: Second International Arbitration School in Ukraine

On 7-11 May the Ukrainian Arbitration Association (“UAA”) held the Second International Arbitration School.  It remained faithful to its main aims of building up knowledge of arbitration in particular among students and young practitioners. The School served as a forum to exchange experiences in the area and to promote Ukraine as the seat of arbitration. […]

By 4 June, 2014 0 Comments Read More →
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 […]