Tag: constitutional court

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 […]

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 […]

Constitutional Court to Decide on Enforceability of ECtHR Judgments in Russia

Constitutional Court to Decide on Enforceability of ECtHR Judgments in Russia

On 14 December 2015, the Russian President signed a federal law endowing the Russian Constitutional Court with new authorities. According to the new law, the Russian Constitutional Court will have jurisdiction to deny enforcement of international human rights judgments incompatible with the Constitution of the Russian Federation. Upon the request of certain authorised governmental bodies, the Constitutional Court will decide […]

By 16 December, 2015 0 Comments Read More →
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 […]

Experts Encouraged to Take Advantage of Russia’s Accession to the WTO

Experts Encouraged to Take Advantage of Russia’s Accession to the WTO

An international conference “Russia in the World Trade Organization: New Tools to Protect Business” took place at the World Trade Centre in Moscow on October 24, 2012. The conference was held by ICC Russia  and law firm Muranov Chernyakov & Partners. Russia acceded to the WTO on August 22, 2012. The accession was preceded by the relevant decree of the […]

Arbitration in Russia Needs Even More Quality and Integrity

Arbitration in Russia Needs Even More Quality and Integrity

As we reported back in May 2011 the Russian Constitutional Court has confirmed that disputes relating to the transfer of title to immovable property are arbitrable, as well as other disputes of an essentially private law nature. The decree rendered by the Constitutional Court resulted from a July 2010 request of the Presidium of the Russian Supreme Commercial Court […]

Russian Constitutional Court on the Period for Enforcement of Foreign Arbitral Awards

Russian Constitutional Court on the Period for Enforcement of Foreign Arbitral Awards

The Russian Constitutional Court (“RCC”) recently had to review Russian legislation on the procedure governing the enforcement of foreign arbitral awards. On 2 November 2011 the court ruled that the application for enforcement of foreign arbitral awards had to be made within the period of three years of the effective date of the arbitral award unless […]

By 30 January, 2012 0 Comments Read More →
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 →
Supreme Commercial Court Takes a Closer Look at Domestic Arbitration Institutions Established by Commercial Entities

Supreme Commercial Court Takes a Closer Look at Domestic Arbitration Institutions Established by Commercial Entities

Domestic arbitration institutions established by various commercial entities have become widespread in the Russian Federation. Their existence and perceived lack of impartiality have long been criticized by many. They were also presented as an example of why arbitration should not be used to resolve private disputes.  The situation is particularly problematic where the rules 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 […]

Russian Constitutional Court on Language in Arbitration Proceedings

Russian Constitutional Court on Language in Arbitration Proceedings

The arbitral tribunal may consider evidence in any language even if the parties agreed upon a particular language of the arbitration, the Russian Constitutional Court confirmed. Russian parties trying to enforce arbitral awards sometimes apply to the Russian Constitutional Court to clarify the meaning of the Federal Law “On International Commercial Arbitration”.This law almost completely […]

By 27 December, 2010 0 Comments Read More →