On 10 December 2019, the Plenum of the Russian Supreme Court adopted the Resolution on the fulfillment by Russian courts of the assistance and control functions in respect of internal arbitration and international commercial arbitration. The Supreme Court revised the initial draft due to several recommendations. In particular, this document now contains essential rules with […]
Resolution of the Russian Supreme Court Plenum “On the fulfillment by the courts of the Russian Federation of the functions of assistance and control in relation to arbitration, international commercial arbitration” of 10.12.2019 Постановление Пленума Верховного Суда Российской Федерации от 10 декабря 2019 года “О выполнении судами Российской Федерации функций содействия и контроля в отношении […]
Russia is often blamed for being not sufficiently arbitration-friendly jurisdiction where the risk of non-enforcement of the arbitral award remains high. However, a recent empirical study shows that in various years during the period 2008 to 2017 Russian courts granted the overwhelming majority of all recognition & enforcement applications. Since the start of the ongoing […]
On 19-23 May 2019, at the Saint-Petersburg International Legal Forum, a multinational panel of experts from various arbitral institutions and state courts presented their views on future developments in arbitration proceedings. Representatives of distinguished arbitral institutions advocated for the type of cooperation that facilitates creating unified standards for arbitration proceedings, making a strong pool of […]
The Supreme Court of the Russian Federation approved the Review of case law regarding assistance to and control of domestic and international arbitrations. The main provisions concerning international arbitration deal with arbitration agreements, choice-of-forum clauses, the enforcement of an award against a company in liquidation and the inclusion of the award creditor into the register […]
Through years the Principles of International Commercial Contracts developed under auspices of UNIDROIT (“the UNIDROIT Principles”) have gained a wide recognition in many countries worldwide. This is true also with regard to Russia. Not only arbitral tribunals in Russian-seated arbitrations, but also its state courts invoke the UNIDROIT Principles, even where the parties did not […]
Анализ запроса Верховного суда РФ в Конституционный суд РФ насчет неарбитрабельности споров в связи с закупками отдельными видами юридических лиц. А.И. Муранов Арбитрабельность споров по Закону № 223-ФЗ – А. Муранов (полный текст) Запрос Верховного Суда РФ в Конституционный Суд РФ Analysis of the request of the Supreme Court of the Russian Federation to the Constitutional […]
Throughout the past year, courts in Russia have struggled with the applicability of dispute settlement procedures to the enforcement of arbitral awards. As a result, uncertainty regarding the matter has sometimes produced an inconsistent judicial approach. In a decision on 20 March 2017, the Supreme Court of the Russian Federation (the Court) provided clarity to […]
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 […]
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