Tag: recognition and enforcement

Kiev Arbitration Days 2015 to Take Place in November

Kiev Arbitration Days 2015 to Take Place in November

Ukrainian Bar Association invites to participate in international conference KIEV ARBITRATION DAYS 2015: Think Big! (KAD 2015). The event is scheduled for 5-6 November 2015 in Radisson Blu Hotel, Kiev, Ukraine. The KAD 2015 will bring together world-class dispute resolution practitioners and prominent arbitration experts to discuss problems and perspectives of international arbitration. The programme coordinator […]

By 19 August, 2015 0 Comments Read More →
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 →
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 […]

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 […]

Hague Convention Rules Mandatory for Service on Russian Parties

Hague Convention Rules Mandatory for Service on Russian Parties

Last Friday the Supreme Commercial Court released its full reasons for the decision in Nortel v UNI. The Court ruled that an English judgment may not be enforced in Russia, because the respondents had not participated in the English proceedings nor had they been served in accordance with the Hague Convention. The decision may result in delays in […]

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 […]

Closer Scrutiny of Arbitral Awards Required If Fraud Is Alleged

Closer Scrutiny of Arbitral Awards Required If Fraud Is Alleged

Parties’ use of arbitration for improper purposes has been a topic of growing concern for the Russian business community, courts and state authorities. While an extensive overhaul of the Russian arbitration law to address these concerns is underway, courts employ available procedural mechanisms to combat abuse. This week the Presidium of the Supreme Commercial Court will […]

Supreme Commercial Court to Address Guerilla Tactics and Notice

Supreme Commercial Court to Address Guerilla Tactics and Notice

Earlier this year we covered a case, where the Russian courts refused to enforce an award citing lack of proper notice to the respondent. The courts agreed with the respondent that a person purporting to act on respondent’s behalf lacked the power to do so. The story was not over though as this week a […]

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 […]

Russian SCC Says Service under the Hague Convention is a Prerequisite of an Enforceable Foreign Judgment

Russian SCC Says Service under the Hague Convention is a Prerequisite of an Enforceable Foreign Judgment

A 28 January 2014 ruling of the Russian Supreme Commercial Court (the “SCC”) will have significant repercussions for international litigation involving Russian parties. According to the SCC a foreign judgment will be enforceable in Russia only if the proceedings were served on the Russian party through official channels provided by the Hague Convention on the […]

By 14 February, 2014 0 Comments Read More →
Russian Court Recognises Northern Ireland Judgment in the Absence of Special Treaty

Russian Court Recognises Northern Ireland Judgment in the Absence of Special Treaty

On 8 October 2013 the Supreme Commercial Court recognised a judgment of the High Court of Northern Ireland (the “Judgment”). This is the first time a Russian court has recognised a judgment from this jurisdiction. The Court recognised the Judgment without enforcement because the Judgment does not require monetary recovery. Recognition without enforcement means that the Russian court acknowledged […]

Building Trust Step By Step – Enforcement of a Russian Commercial Court Decision in Germany

Building Trust Step By Step – Enforcement of a Russian Commercial Court Decision in Germany

One of the pervasive issues in Russian-German business relationships is whether court decisions rendered in one of the two countries will be recognised and enforced in the other country. While the answer to this question appeared to be a rather clear “no” in the recent past, it is now a “yes, in some cases” and […]

By 14 October, 2013 1 Comments Read More →
ABA Conference – Is Russia Becoming More Arbitration-Friendly?

ABA Conference – Is Russia Becoming More Arbitration-Friendly?

The ABA’s Fifth Annual Conference on the Resolution of the CIS-Related Business Dispute took place on 27 September 2013 in Moscow. More than 140 delegates from around the globe attended the conference, which featured six panels and a set of mock hearings in a complex cross-border dispute. The conference’s panels covered a broad spectrum of […]

By 5 October, 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. […]

Proper Notices in Arbitration in Ukraine – Watch the Details

Proper Notices in Arbitration in Ukraine – Watch the Details

This article analyses the most recent application by Ukrainian courts of Article V(1)(b) of the New York Convention.  It provides that recognition and enforcement of a foreign arbitral award may be refused where a party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings. The analysis shows that […]

Israeli Court Recognises a Russian Judgment on the Basis of Reciprocity

Israeli Court Recognises a Russian Judgment on the Basis of Reciprocity

We have already reported on the building up of Russian case law on the recognition of foreign court judgments on the basis of reciprocity and international comity. An important advantage of this practice for Russian parties and courts is that it creates a basis for the recognition and enforcement of Russian court decisions in foreign states […]

Ukrainian Court Enforces Arbitral Awards Set Aside in the UK

Ukrainian Court Enforces Arbitral Awards Set Aside in the UK

On 3 August 2012 the Court of Appeal of the Odessa Region upheld its lower court’s ruling granting requests for the enforcement of twelve FOSFA arbitral awards in Ukraine. Six of these awards had previously been set aside in the UK.  The Ukrainian court did not give any effect to the respective English court judgments, stating that the […]

Will Exercise of Jurisdiction by a Foreign Court Be Accepted in Russia?

Will Exercise of Jurisdiction by a Foreign Court Be Accepted in Russia?

The Presidium of the Russian Supreme Commercial Court is set to hear the first case in a while directly dealing with the enforcement of a foreign court judgment. The central issue is the following: can a Russian court assess the reasonableness of a foreign court’s decision to exercise jurisdiction in ruling on whether to recognise […]

“Remington Worldwide Limited v Ukraine” Saga: The First ECT Arbitration Conducted in Russian

“Remington Worldwide Limited v Ukraine” Saga: The First ECT Arbitration Conducted in Russian

 Remington Worldwide Limited v Ukraine is interesting not only as the first arbitration under the Energy Charter Treaty (the “ECT”) conducted in Russian.  It also reasserts the importance of a fundamental aspect of the rule of law – the principle of legal certainty. The case demonstrates how far-reaching the effects of the application of the exceptions from […]

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 […]

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 […]