Tag: enforcement

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 […]

Russia as a Place for Dispute Resolution, Annual ICC Conference in Moscow on 7 December 2016

Russia as a Place for Dispute Resolution, Annual ICC Conference in Moscow on 7 December 2016

CIS Arbitration Forum was an information partner of the annual ICC National Committee (ICC Russia) conference ‘Russia as a Place for Dispute Resolution’. This year the topic at the forefront of the discussions included the arbitration reform in Russia and its first ramifications for the arbitration industry and business. The Reform of Arbitration Courts: first […]

By 15 December, 2016 0 Comments Read More →
Kiev Arbitration Days 2016: Think Big! (KAD-2016)

Kiev Arbitration Days 2016: Think Big! (KAD-2016)

  Kiev Arbitration Days 2016: Think Big! Ukrainian Bar Association is happy to announce the next Kiev Arbitration Days 2016: Think Big! (KAD-2016) which will take place on 3 November 2016 in Radisson Blu Hotel, Kiev, Ukraine. The conference is conducted under the auspices of the Ukrainian Bar Association. KAD-2016 will bring together world-class dispute resolution […]

Ukraine Courts Rule on the Effect of Assignment of Arbitration Awards

Ukraine Courts Rule on the Effect of Assignment of Arbitration Awards

In its 8 April 2015 decision, the Higher Specialised Court of Ukraine confirmed that an application for recognition and enforcement of an arbitration award can be served only by an original claimant who has taken part in the arbitration proceedings. Euler Hermes Services Schweiz AG v OJSC Odessa Fat and Oil Plant became the first case […]

By 25 September, 2015 0 Comments Read More →
The Yukos Arbitration Decision in a Nutshell

The Yukos Arbitration Decision in a Nutshell

Here is a short summary of the most important points of the Yukos arbitration award which former shareholders are now trying to enforce in Belgium, France and other European countries. Diana Bentley of Lexis Nexis interviewed Yaraslau Kryvoi. What was the dispute about? The tribunal, the Permanent Court for Arbitration, constituted under UNCITRAL Rules and based in […]

Yukos Award – Beginning of a New Enforcement Saga

Yukos Award – Beginning of a New Enforcement Saga

While the recent agreement between Yukos shareholders and Rosneft settles all litigation disputes between them, it does not solve the existing disputes between Yukos and Russia as a state, in particular the $50 billion arbitration award made by the PCA in The Hague in 2014. As Russia refuses to voluntarily comply with the award, Yukos […]

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. […]

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 […]

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 →
Yukos Winning Award: Will Russia Avoid Arbitral Enforcement Again?

Yukos Winning Award: Will Russia Avoid Arbitral Enforcement Again?

On 28 July 2014 a historic award in Yukos v. The Russian Federation rendered by the arbitral tribunal seated in The Hague finally became publicly available. The tribunal ordered Russia to pay more than 50 billion US$ for its expropriation of Yukos, making this award the biggest one in the history of international arbitration. Considering the circumstances, […]

Enforcement of Russian Judgment in England: JSC VTB Bank v Skurikhin

Enforcement of Russian Judgment in England: JSC VTB Bank v Skurikhin

A recently-published judgment of the High Court in the case JSC VTB Bank v Skurikhin has confirmed that Russian judgments can be enforced in England and Wales. The English court recovered from the defendant all amounts claimed under the Russian judgments (622 million rubles) with exclusion of penalties because the judge decided “that they are punitive in […]

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 →
Arbitration Clause Covers Claims for Damages… But Not All

Arbitration Clause Covers Claims for Damages… But Not All

On 7 August the Federal Commercial Court for the Moscow Circuit delivered a remarkable decision clarifying the principles of arbitration clause interpretation. More specifically, the Circuit Court explained which claims for damages go with a standard arbitration clause and which do not, unless expressly mentioned in such clause. It stated that such claims may fall within the […]

By 14 August, 2013 0 Comments Read More →
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 […]

Khan Resources v. Atomredmetzoloto: No Immunity for State-Owned Companies?

Khan Resources v. Atomredmetzoloto: No Immunity for State-Owned Companies?

Submitting to the jurisdiction of state courts instead of opting for arbitration may lead to unexpected difficulties when serving a statement of claim.  A lesson drawn from the recent Canadian case [2012 ONSC 1522] discussed below should give another reason why arbitration may be preferred to litigation in state courts. In 1995 Khan[i] embarked on […]

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 […]

Green Light for Enforcement of a High Court Judgment in Russia

Green Light for Enforcement of a High Court Judgment in Russia

As we reported earlier two levels of Russian courts have recognised and enforced a High Court judgment on the basis of reciprocity. Now in a ruling released on Friday a three-judge panel of the Supreme Commercial Court refused the respondent’s petition to have these decisions reconsidered. The panel’s ruling restates the lower court’s position that the […]

Ukraine: How Minor Defects in Wording of Arbitration Clause May Result in a Big Problem

Ukraine: How Minor Defects in Wording of Arbitration Clause May Result in a Big Problem

A Ukrainian court of first instance has recently set aside a ruling on jurisdiction rendered by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (the “ICAC”) in a highly debated case considered twice by the ICAC and Ukrainian courts. The debate arose in connection with a pathological arbitration clause and a […]

Recognition of Foreign Judgments in Russia: How to Reconcile Conflicting Judgments

Recognition of Foreign Judgments in Russia: How to Reconcile Conflicting Judgments

The CIS Arbitration Forum recently reported on a decision of the Moscow Circuit Commercial Court to enforce a judgment of the English High Court on the basis of reciprocity. We noted then that there was a growing trend of recognition of foreign court judgments on the basis of reciprocity (i.e. in the absence of a bilateral treaty). […]

Enforcement of Foreign Court Judgments in Russia: Reciprocity as a Separate Basis

Enforcement of Foreign Court Judgments in Russia: Reciprocity as a Separate Basis

Recognition and enforcement of foreign judgments in Russia remains a grey area, because according to the Arbitrazh Procedure Code foreign judgments may be enforced on the basis of a federal law or an international treaty. There is no generally applicable law providing for the enforcement of foreign judgments and there are few international treaties (particularly […]

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, […]

Enforcement of Russian Arbitral Awards in Germany

Enforcement of Russian Arbitral Awards in Germany

National courts in many countries show an increasing willingness to recognise and enforce Russian arbitral awards. Not surprisingly, this tendency has developed through adoption of the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). Germany has been a party to the New York Convention since 1961. […]

By 19 January, 2012 0 Comments Read More →
Resisting Arbitral Award Enforcement Because of Excess of Mandate – Either at the Seat or Never

Resisting Arbitral Award Enforcement Because of Excess of Mandate – Either at the Seat or Never

It seems that in at least one respect Russian courts are now more arbitration-friendly than courts in many other countries. In a string of cases decided during 2011 the Supreme Commercial Court held that enforcement of an arbitral award may not be refused on the basis of a tribunal’s lack of jurisdiction if the award was […]

An Arbitral Award Set Aside “At Home” and then Recognised in Russia

An Arbitral Award Set Aside “At Home” and then Recognised in Russia

It happens that even if arbitral awards were set aside in jurisdiction where they were rendered they are still enforced in other jurisdictions. The Pakistan v. Dallah case where French court refused to set aside an award which the UK Supreme Court rendered unenforceable. In Hilmarton and Putrabali cases French courts recognized and enforced an arbitral […]

Arbitration and Litigation: Same or Basic Guarantees?

Arbitration and Litigation: Same or Basic Guarantees?

An interesting case is due to be considered by the Russian Supreme Commercial Court within the next few months. Two issues before the court are: (1) whether an arbitral tribunal may fine a party to the arbitration for failure to comply with the tribunal’s order and (2) whether the procedural guarantees that are accorded to […]