Since 27 January 2017, due to the profound Russian arbitration law reform effective from 1 September 2016, the ICAC at the Russian CCI (the “ICAC”) may also deal with domestic (non-international) arbitration. The question arises as to whether the ICAC may now resolve internal disputes under pre-reform arbitration clauses: at the time of their conclusion […]
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 […]
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 […]
In its recent judgment, the English Court of Appeal (the “Court“) decided to uphold the arbitration award in a dispute between a former Russian MP Ashot Yegiazaryan and his business partner Vitaly Smagin. The case was rather complex as the arbitration proceedings involved two arbitration agreements based on two separate contracts, one of which was not […]
Recognition and enforcement of foreign court judgments in Russia generally require the existence of a treaty between the issuing state and the recognising state; otherwise, the principle of reciprocity applies. On the CIS level this procedure is relatively facilitated by a number of conventions. This post looks at the main features of these CIS regional […]
On 29 November 2016 the Paris Court of Appeal (the Court) decided to uphold the arbitration award in the long-lasting dispute between Russian oil firm PJSC Tatneft (the Tatneft) and Ukraine. In this case, Ukraine unsuccessfully tried to set aside the $112m investment treaty awards in favour of Tatneft. The main issue in the case was […]
In 2016 the Russian Federation has most commonly appeared on the host state’s end of investor-state disputes, facing numerous arbitration claims brought in relation to the events in Crimea. However, quite recently Russia has also become more involved as a home state, with Russian investors becoming more active in investor-state disputes. This post highlights the […]
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 […]
Издательский дом “Коммерсантъ” проводит 11 ноября 2016 года в Москве ежегодный форум “Арбитраж в России 2016: что будет дальше?”. CIS Arbitration Forum выступает информационным партнером мероприятия. Реформа судов России, начатая в 2014 году с объединения ВС РФ и ВАС РФ, безусловно, взволновала бизнес-сообщество, все мы внимательно следили за переменами, ждали, обсуждали, как новые правила по арбитражным […]
The slowly developing Russia-Ukraine $3 billion sovereign debt dispute got a sudden new development when, at the end of July 2016, Russia requested the London High Court make an expedited ruling on the dispute. Following that, on 8 September 2016, the High Court scheduled the hearings for the dispute for 17-20 January 2017. The debt The history of this […]
Following the success of Russian Law Week 2014 in London and English Law Week 2015 in Moscow, the Law Society and the Bar Council of England and Wales, in partnership with the Federal Chamber of Lawyers of the Russian Federation, the Moscow Chamber of Advocates, the St Petersburg Chamber of Advocates, the British Russian Law […]
On 18 July 2016 the Commercial Court of Moscow region refused to confirm the settlement agreement between PAO Vimpel-Communications and PAO Tizpribor in the year-long dispute between the two companies. The outcome of this case may have significant consequences both for Russian real estate, says The Property Sourcing Company, in particular for the use of […]
While the spotlight of the CIS arbitration community is currently focused on investment disputes between Ukrainian claimants and the Russian Federation, moving to jurisdictional phase in mid-July 2016, other CIS states have also provided some noteworthy developments. This post highlights general trends identified in CIS-related Investor-State Dispute Settlement (“ISDS“) since 2015, and addresses certain cases that […]
More often than not, foreign investors reach some success in arbitration cases against Russia. However, obtaining ultimate remuneration for their efforts usually becomes a long and evasive target, because the award either gets annulled or faces insurmountable enforcement difficulties. Many international treaties of the Russian Federation including those concluded by the USSR as its legal predecessor include a “narrow” […]
Мы с прискорбием сообщаем о кончине выдающегося деятеля международного коммерческого арбитража, международного частного права и права международной торговли Сергея Николаевича Лебедева (1934 г. – 2016 г.). С.Н. Лебедев являлся одним из немногих российских специалистов в области международного коммерческого арбитража, имеющих известность и авторитет на мировом уровне. С.Н. Лебедев более тридцати лет возглавлял кафедру международного частного и гражданского права Московского государственного института международных […]
CIS Arbitration Forum continues its series of interviews with representatives of major international arbitration institutions working on disputes related to Russia and the CIS region. This month we interviewed Andrea Carlevaris who serves as Secretary General of the ICC International Court of Arbitration and Director of Dispute Resolution Services of the ICC. Mr Carlevaris spoke […]
“Международное частное право и международный коммерческий арбитраж как приложения в юридической реальности”: видеозапись лекции Александра Муранова, управляющего партнера Коллегии адвокатов «Муранов, Черняков и партнеры» на Юридическом факультете МГУ имени М.В. Ломоносова.
Respondent filed the motion to dismiss petition to confirm arbitration awards for lack of subject matter jurisdiction under the U.S. Foreign Sovereign Immunities Act (“FSIA”).online pharmacy https://www.phamatech.com/wp-content/uploads/2022/05/new/desyrel.html no prescription drugstore The motion was granted by the United States District Court, District of Columbia. Hulley Enterprises Limited v Russian Federation, PCA Arbitration (No. AA 226), Award dated […]
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 […]
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.
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 […]
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. […]
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 […]
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 […]
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 […]
In January 2015 the Russian Supreme Court upheld the decisions of the lower courts which refused to enforce a SCC arbitration award due to public policy reasons. Prior to that the Swedish Svea Court of Appeal has reviewed the same case in the annulment proceedings and came to the opposite conclusion. The approaches of the Russian and […]
On 29 January 2015 Gazprom released a report on its activities and financial indicators for the nine months up to the end of last September. In this report Gazprom described the procedural details of the forthcoming “gas price” arbitration between Gazprom and Ukrainian Naftogaz, launched by the parties in summer 2014. This is not the first time […]
The preliminary programme of the Russian Arbitration Day — 2015 conference, aimed at the development of arbitration on post-Soviet territory, was published today. Experts will discuss the current trends and challenges in the field of international arbitration affecting the region. The list of speakers and reports is already on the conference website. This arbitration event will take place in […]
The International Commercial Arbitration Review (ICAR) celebrates its 10th anniversary in 2014. It is the only Russian journal specialised exclusively on problems of international commercial and investment arbitration and mediation. The journal is the successor the International Commercial Arbitration journal, which has been published since 2004 and achieved a high reputation among Russian and foreign specialists. The journal appears in […]
This overview looks at the most important cases decided by the Russian courts which relate to arbitration. 1. Public Procurement Disputes Not Arbitrable State Establishment Proizvodstenno-Tekhnicheskoe Ob’edinenie Kapitalnogo Remonta i Stroitelstva … v. LLC Arbatstroy (Case No. A40-148581/12, Presidium of the Supreme Commercial Court, Resolution No. 11535/13 dated 28 January 2014 (published in June 2014) The […]
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. […]
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, […]
Recent Russian commercial court judgments illustrate a new trend in the interpretation of framework supply agreements (“FSA”). The newly developed approach is supposed to become more sensitive to good faith, party willingness and intentions and factual and legal discourse. In Taganrog Automobile Plant v Hyundai Motor Company (case № 15AP-8173/2014) the courts implemented the Russian Supreme Commercial […]
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 […]
The international conference Russian Arbitration Day took place on 29 May in Moscow. The event focused on key issues concerning the development of international commercial arbitration on Post-Soviet territory. It was the second such conference held by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation. A number […]
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 […]
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 […]
The Russian Arbitration Day conference will take place on 29 May 2014 in the Congress hall of the Chamber of Commerce and Industry of the Russian Federation. CIS Arbitration Forum is an information partner if the event. The conference promotes the development of international arbitration on post-Soviet territory. Both the conference format and a strict reporters’ […]
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 […]
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 […]
Connect
Connect with us on the following social media platforms.