Tag: Dmitry Davydenko

New rules of the ICAC at the Russian Chamber of Commerce: what has changed for international disputes?

New rules of the ICAC at the Russian Chamber of Commerce: what has changed for international disputes?

Russian arbitration legislation reform has triggered a large-scale revision of regulations of arbitral institutions. One of the oldest arbitral institutions in Russia, the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry (the “ICAC”), has adopted new regulations and rules, including new rules on resolving international commercial disputes. Previous rules came into […]

Consent Awards in International Arbitration

Consent Awards in International Arbitration

Kryvoi, Yaraslau and Davydenko, Dmitry, Consent Awards in International Arbitration: From Settlement to Enforcement (November 7, 2015). Brooklyn Journal of International Law, Volume 40, pp. 827-868, 2015. Full text available at SSRN.

Consent to Treaty Arbitration Should be Specific, not General

Consent to Treaty Arbitration Should be Specific, not General

Recently investors vigorously but unsuccessfully tried to revive an arbitral award against the Kyrgyz Republic in the Russian courts. On 20 July 2015 the Arbitrazh Court of the Moscow Circuit rejected the cassation claim of companies Stans Energy Corp. and Kutisay Mining and upheld the ruling of the Arbitrazh Court of the first instance. The court upheld […]

ADR in European Legal Tradition. Book review by Professor  Nina Vilkova

ADR in European Legal Tradition. Book review by Professor Nina Vilkova

ADR in European Legal Tradition. Book review by Professor Nina Vilkova (translation into English) More information on this book you can find here.

Приведение в исполнение арбитражных решений на согласованных условиях

Приведение в исполнение арбитражных решений на согласованных условиях

Давыденко Д.Л. Международная принудительная исполнимость арбитражных решений на согласованных условиях (International Enforceability of Consent Awards) В статье рассматриваются некоторые особенности применения положений ст. V Конвенции ООН о признании и приведении в исполнение иностранных арбитражных решений 1958 г. («Нью-йоркская конвенция») к арбитражным решениям, вынесенным на согласованных условиях. Проводится анализ того, насколько применимы к такого рода решениям положения п. […]

New Draft Law Aims to Bring Arbitration in Russia to Order

New Draft Law Aims to Bring Arbitration in Russia to Order

Since 2013 the Russian legislator is reforming arbitration laws of Russia. The reason for the reform was a the lack of consistency in Russian arbitration regulations, existence of so-called “pocket arbitration tribunals” and sham arbitration tribunals. The reform aims to facilitate the stability and transparency of the system. The first draft law on arbitration was introduced by Russian Ministry of […]

French Judgment Unenforceable Because of Lack of Legal Certainty

French Judgment Unenforceable Because of Lack of Legal Certainty

In January 2015 the Russian Supreme Court refused to enforce the Resolution of Paris Appellate Court No. RG 09/19535 dated 18 November 2010 on the collection of EUR 150,000 from the Government of Kaliningrad Region for the Republic of Lithuania. The case highlights the importance of a foreign judge giving reasons in a clear way in order for the decision to be […]

University program on ADR (in Russian language)

University program on ADR (in Russian language)

University program on ADR (in Russian language) authored by Dmitry Davydenko published in “Arbitration” (“Treteyskiy sud”), one of the few Russian legal journals specialised on ADR. The program for master students includes arbitration, mediation and other conflict resolution techniques. Taught by the author in 2011-2014 at Higher School of Economics, Moscow, Russia. Full publication reproduced here (including the […]

Approach of Russian Courts to International Forum Shopping

Approach of Russian Courts to International Forum Shopping

Unlike in the United Kingdom or the United States, international forum shopping is rarely at issue in Russian case law or legal doctrine. However, disputes related to forum shopping do arise in Russia: it happens that the same disputes fall within the jurisdiction of national courts of several states, e.g. the national court of the […]

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 →
Top-10 International Arbitration Developments in Russia in 2013

Top-10 International Arbitration Developments in Russia in 2013

2013 was an important year for international arbitration in Russia. Numerous important court judgments were rendered by the higher courts. A large-scale and ground-breaking legislative reform is underway. Some new high profile arbitrations were commenced. We have selected and summarised the 10 most important events related to international arbitration last year. 1. Launch of legislative […]

Amicable Dispute Resolution in the European Legal Tradition

Amicable Dispute Resolution in the European Legal Tradition

A new book  Amicable Dispute Resolution in the European Legal Tradition by Dmitry Davydenko published in October 2013 contains an in-depth study of the history of private disputes’ amicable settlement in Europe. The book contains a comparative law study but it also looks at amicable dispute resolution (ADR) from legal anthropology and legal sociology perspectives. The book […]

By 1 November, 2013 0 Comments Read More →
Competition of Russian and Foreign Jurisdictions: a Case Study

Competition of Russian and Foreign Jurisdictions: a Case Study

Competition and cooperation between legal systems is the opening theme of the plenary session of the International Legal Forum in Saint Petersburg on 15-18 May 2013. In October 2012 the Presidium of the Russian Supreme Commercial Court (“SCC”) issued a resolution dealing with competition between foreign and Russian jurisdictions which is relevant to this session and of interest to international litigation practitioners. […]

Challenging the Impartiality of Arbitrators in Russia: Reznik v ICAC

Challenging the Impartiality of Arbitrators in Russia: Reznik v ICAC

One of the most influential members of the Russian legal community – Henry Reznik, president of the Moscow Chamber of Advocates – recently vigorously criticised the International Commercial Arbitration Court at the Russian Chamber of Commerce (the “ICAC”), a respected Russian arbitral institution. Mr Reznik expressed his surprise that the Presidium of ICAC, without giving […]

Russia Included in New Legal Treatise on Mediation

Russia Included in New Legal Treatise on Mediation

At the end of November 2012 Oxford University Press publishing house released the treatise “Mediation. Principles and Regulation in Comparative Perspective”. With its clear and reader-friendly structure, this book gives an insight into the key problems and most recent tendencies of the law and practice of mediation in various countries, including Russia. The book was […]

By 12 December, 2012 0 Comments Read More →
Court of Eurasian Economic Community Renders Its First Judgment

Court of Eurasian Economic Community Renders Its First Judgment

The task to create in the former USSR an international body comparable to the Court of the European Union is challenging. But this has already started to take shape: such a body not only exists, but it has already heard and resolved its first case, which was initiated by a Russian company. The Eurasian Economic Community (“EurAsEC”) currently includes […]

Powers of Attorney Regarding Future Disputes in Russia

Powers of Attorney Regarding Future Disputes in Russia

The Presidium of the Russian Supreme Commercial Court has clarified its position on the authority to conclude arbitration agreements. The general counsel of a company branch concluded a contract with an arbitration agreement under a power of attorney authorising him to represent the company at court and in particular to settle disputes or to refer […]

Arbitral Tribunals Can Approve “Post-Award” Amicable Agreement

Arbitral Tribunals Can Approve “Post-Award” Amicable Agreement

A settlement agreement can be concluded even after the arbitral tribunal has rendered an award in the case, and such an agreement can be approved by the same arbitral tribunal as a consent award.  The Russian Supreme Commercial Court (the “SCC”) Presidium reached this conclusion on June 7, 2012. The circumstances of the case were as […]

Berezovsky v Abramovich: It’s All About Trustworthiness

Berezovsky v Abramovich: It’s All About Trustworthiness

On the last day of summer in 2012 the High Court of Justice in England closed the last chapter on the Berezovsky v Abramovich case. It dismissed both claims of the former Russian tycoon Boris Berezovsky. Berezovsky had claimed a sum of in excess of 5.6 billion USD as compensation for unprofitable transactions. He alleged that at […]

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 […]

Moscow as International Financial Centre: Final Report of UK-Russia Liaison Group

Moscow as International Financial Centre: Final Report of UK-Russia Liaison Group

The Moscow International Financial Centre (the “MIFC”) initiative has selected Alternative Dispute Resolution in Russia as one of its key themes. In June 2012 the ADR Workstream of the UK-Russia Liaison Group on Moscow as an International Financial Centre prepared its Final Report (the “Report”) concerning ways in which to improve ADR mechanisms in Russia. The […]

Russian Supreme Commercial Court on the “Lack of Authority” To Conclude Arbitration Agreement

Russian Supreme Commercial Court on the “Lack of Authority” To Conclude Arbitration Agreement

A recent case handed down by the Supreme Commercial Court of the Russian Federation (the “SCC”) marks a further step by it towards the favouring of arbitration in Russia.  The SCC confirmed that notifying a branch of the opposing party in arbitral proceedings is sufficient for the purposes of satisfying the due notice requirement. Also, […]

Russian Stock Exchange Disputes Found an Exception to Non-enforceability of Abitration by Contracts of Adhesion

Russian Stock Exchange Disputes Found an Exception to Non-enforceability of Abitration by Contracts of Adhesion

The case illustrates a pro-arbitration approach of the Supreme Commercial Court of the Russian Federation (hereinafter referred to as “SCC”) in their interpretation of arbitration clauses. OJSC “Kuznetskbusinessbank” (hereinafter referred to as “the Bank”) applied to the Arbitrazh Court of Saint-Petersburg and Leningradskaya Region for a writ of execution to enforce an award to recover […]

A Pro-Arbitration Stance of the Russian Supreme Commercial Court

A Pro-Arbitration Stance of the Russian Supreme Commercial Court

The Supreme Commercial Court of the Russian Federation (“the SCC”) demonstrated over the last years a general trend of SCC to interpret law in a pro-arbitration light so that to avoid formalistic and unwisely restrictive approach to applying the law. Below is just one example of such pro-arbitral approach of SCC. This case also illustrates […]

Immovable Property Disputes – Non-Arbitrable in Russia?

Immovable Property Disputes – Non-Arbitrable in Russia?

The Presidium of the Russian Supreme Commercial (arbitrazh) Court filed a request in the Constitutional Court to evaluate the constitutionality of a several provisions of the Russian Law “On International Commercial Arbitration” and the Federal Law “On Arbitration Tribunals in the Russian Federation”. In particular, provisions of these laws related to arbitrability of disputes related […]