Tag: Russian Supreme Arbitrazh Court

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 →
“Pierced in Russia”: Russian Courts Pierce the Corporate Veil

“Pierced in Russia”: Russian Courts Pierce the Corporate Veil

The Russian courts have made their first steps on the path of unmasking the “evil” hidden behind the corporate form. Moreover the Russian legislator is not rushing into shaping the corporate veil more thoroughly. Hence, the Russian courts have to decide how and when the foreign legal concept of piercing the corporate veil should be […]

By 11 February, 2014 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. […]

Review of Russian Commercial Cases Involving Foreign Persons

Review of Russian Commercial Cases Involving Foreign Persons

Validity of choice-of-court agreements, possibility of piercing the corporate veil and falling under jurisdiction of Russian court have always been important concerns for international companies doing business in Russia or with Russian legal entities. The Russian Supreme Commercial (Arbitrazh) Court (“SCC”) will soon clarify these issues in an Informational letter with a Review of Certain […]

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 […]

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 Supreme Commercial Court: Not All Domestic Disputes Can Be Resolved in International Arbitration

Russian Supreme Commercial Court: Not All Domestic Disputes Can Be Resolved in International Arbitration

Can an essentially domestic dispute be referred to an international arbitral tribunal sitting outside of the Russian Federation? Can an “international” dispute be resolved by a domestic arbitral tribunal? These questions may be troubling for a practitioner drafting an arbitration clause in a contract. This is especially true because figuring out whether the dispute is […]

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, […]

Public Policy in Russia and India – Which State is More Arbitration-Friendly?

Public Policy in Russia and India – Which State is More Arbitration-Friendly?

The highest judicial authorities of India and Russia recently considered two cases involving the enforcement of foreign arbitral awards where they had to deal with the concept of ordre public. Both states are perceived as arbitration-hostile jurisdictions, however, their approaches in analysing the identical issue were quite different. In Phulchand Exports Ltd. v OOO Patriot (2011) the […]

By 8 November, 2011 0 Comments Read More →
Challenging Jurisdiction of Arbitral Tribunals in Russian Courts

Challenging Jurisdiction of Arbitral Tribunals in Russian Courts

It is not possible to challenge in state courts decisions on jurisdiction of arbitral tribunals constituted in accordance with the Russian Federal Law ‘On Arbitration Tribunals’. That is the ruling of the Presidium of the Supreme Commercial (Arbitrazh) Court published the Court’s web site earlier this year. The issue was whether it was possible to […]

By 14 February, 2011 0 Comments Read More →