Tag: Arbitrability

Российские суды подтвердили, что корпоративные споры были арбитрабельны и до принятия нового законодательства об арбитраже

Российские суды подтвердили, что корпоративные споры были арбитрабельны и до принятия нового законодательства об арбитраже

В настоящее время широко обсуждается реформа российского законодательства об арбитраже (третейском разбирательстве), в том числе, в контексте вопроса об арбитрабельности корпоративных споров. Теперь в ст. 225.1 Арбитражного процессуального кодекса Российской Федерации («АПК РФ») прямо закреплено, что такие споры могут быть переданы на рассмотрение третейского суда. Однако, как подтвердила новейшая судебная практика, такая возможность существовала и ранее. […]

The First ‘Russian Arbitration Debate’ in Moscow on 7 April 2016

The First ‘Russian Arbitration Debate’ in Moscow on 7 April 2016

The first ‘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 7 April 2016. The list below includes topics of the first debate as well as the proponents and opponents for each debated issue. As […]

By 29 March, 2016 0 Comments Read More →
Значение новых законов об арбитраже в России для иностранных арбитражных центров

Значение новых законов об арбитраже в России для иностранных арбитражных центров

Муранов А.И. Значение новых законов об арбитраже в России для иностранных арбитражных центров и иностранных арбитров: вопросы территориального и экстерриториального  действия законов, пределов вводимого ими разрешительного режима, его соответствия праву ВТО. Alexander Muranov. Implications of the new Russian arbitration laws for foreign arbitration centers and foreign arbitrators: issues of territorial and extraterritorial effect of the laws, limits of […]

By 24 January, 2016 0 Comments Read More →
Arbitrability of corporate disputes in Russia: current and future regulation

Arbitrability of corporate disputes in Russia: current and future regulation

Corporate disputes, currently non-arbitrable in Russia, will become open to arbitration in 2017. Russian regulation of arbitration has undergone significant changes with the adoption at the end of 2015 of two new laws, the Federal Law “On Arbitration in the Russian Federation” and the Federal Law “On Changes to Certain Laws of the Russian Federation”. […]

By 18 January, 2016 0 Comments Read More →
Arbitrability of Sanctions – Presentation at Kuala Lumpur International Arbitration Week 2015

Arbitrability of Sanctions – Presentation at Kuala Lumpur International Arbitration Week 2015

Yaraslau Kryvoi speaks about arbitrability of sanctions, touching upon the effect of the Belarus, Ukraine and Russian sanctions regimes on arbitration at a conference organised by Kuala Lumpur Regional Arbitration Centre in May 2015.

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. […]

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. […]

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 […]

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 […]

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 […]

Disputes Arising Out of Government Contracts Not Arbitrable?

Disputes Arising Out of Government Contracts Not Arbitrable?

Russia’s highest 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 arbitral award in a dispute between a government agency and a company. The dispute arose out of a government contract by which the company agreed to […]

Arbitrability of Corporate Disputes in Russia: To Be or Not to Be

Arbitrability of Corporate Disputes in Russia: To Be or Not to Be

CIS Arbitration Forum is launching a Working Papers Series. The papers will feature research papers to encourage the exchange of ideas about arbitration and dispute resolution in the former Soviet Union countries. E-copies of the Working Papers will be available in the Social Sciences Research Network electronic library. Sergey Strembelev and Yaraslau Kryvoi authored the […]

By 23 January, 2014 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 →
Bankruptcy Cases Not Arbitrable In Kyrgyzstan

Bankruptcy Cases Not Arbitrable In Kyrgyzstan

A decision of the Supreme Court of Kyrgyzstan of 20 August 2013 confirms that bankruptcy issues are not capable of settlement by arbitration under the laws of Kyrgyzstan. The decision may be seen as a clarification that the relevant restriction applies both to domestic and international arbitration. Facts of the Case In a contract concluded […]

Сonference: Russia as a Place for Dispute Resolution: Anticipating the Changes

Сonference: Russia as a Place for Dispute Resolution: Anticipating the Changes

ICC Russia in co-operation with ICC International Court of Arbitration will host an annual international arbitration conference “Russia as a Place for Dispute Resolution: Anticipating the Changes” on  10  December 2013 in Moscow. At present the Russian Federation is on the verge of important reforms to the local arbitration regulation and the system of arbitration courts in general. […]

By 1 November, 2013 0 Comments Read More →
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 […]

Arbitrability of “Corporate” Disputes in Ukraine – No News is Good News?

Arbitrability of “Corporate” Disputes in Ukraine – No News is Good News?

Whether so-called “corporate” disputes are capable of settlement by arbitration under the law of Ukraine appears to have been one of the most controversial issues in arbitration law in Ukraine in recent years, at least when judging by the perceived number of essays in law journals (including this forum). Recently, Ukrainian commercial courts handed down decisions […]

By 23 August, 2013 0 Comments Read More →
Insolvency and Arbitration in Russia

Insolvency and Arbitration in Russia

The continuing financial instability worldwide has its impact on all areas law, including arbitration. The number of cases where insolvent parties are involved in arbitration or have entered into agreements containing arbitration clauses is rising and has over the past year generated significant jurisprudence of the Russian courts. Notably, the Supreme Commercial Court in a […]

Gazprom v Lithuania: SCC Tribunal Rules on Arbitration Clause and Parallel Litigation

Gazprom v Lithuania: SCC Tribunal Rules on Arbitration Clause and Parallel Litigation

Lithuanian leading natural gas company Lietuvos Dujos is in the centre of a number of litigations and arbitrations between Gazprom and Lithuania, which are both shareholders in the company. Gazprom is challenging Lithuania’s recent regulations requiring Lietuvos Dujos to divest its gas transit assets as a breach of the bilateral investment treaty between the Russian Federation and […]

Disputes Arising Out of Investment Agreements with Russian Authorities Not Arbitrable?

Disputes Arising Out of Investment Agreements with Russian Authorities Not Arbitrable?

The Russian Supreme Commercial Court has held that disputes arising out of investment agreements with Russian authorities are not arbitrable at least for the purposes of domestic arbitration. The court upheld the decisions of the lower courts refusing the enforcement of a domestic arbitral award in a dispute between a private investor and a Russian […]

Russian Supreme Commercial Court: Not All Domestic Disputes Can Be Resolved in International Arbitration

Russian Supreme Commercial Court: Not All Domestic Disputes Can Be Resolved in International Arbitration

Can an essentially domestic dispute be referred to an international arbitral tribunal sitting outside of the Russian Federation? Can an “international” dispute be resolved by a domestic arbitral tribunal? These questions may be troubling for a practitioner drafting an arbitration clause in a contract. This is especially true because figuring out whether the dispute is […]

Government Procurement Disputes Still Arbitrable in Russia

Government Procurement Disputes Still Arbitrable in Russia

The Russian courts have sent a state establishment and several state agencies to arbitration to have their claim for termination of a contract with a German contractor resolved pursuant to the agreed dispute resolution procedure (case reference No. А40-106514/2011). The claimants argued in both the Moscow Commercial Court and the Ninth Appellate Commercial Court that […]

Corporate Disputes in Russia: Arbitrable or Non-Arbitrable?

Corporate Disputes in Russia: Arbitrable or Non-Arbitrable?

Several recent court decisions in Russia, the most recent of which was taken on December 6, 2011, show disagreement with regard to arbitrability of corporate disputes in Russian state courts. On May 26, 2011 the Constitutional Court of the Russian Federation confirmed arbitrability of real estate disputes. The decision on arbitrability of corporate disputes is yet […]

By 28 December, 2011 4 Comments Read More →
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 […]