Author Archive: Sergey Usoskin
Sergey Usoskin is an advocate (member of
the Russian bar) and a senior associate at Ivanyan&Partners. He has experience advising clients on and representing them in commercial and investment arbitration matters as well as before the Russian court (including the Supreme Commercial Court). He is a graduate of St Petersburg State University, Faculty of Law and University College London Faculty of
Laws.
The second ‘Russian Arbitration Debate’: an Oxford Debate-style discussion of the key developments in arbitration-related case law in Russia and practical issues Russian parties face in arbitration will be held in Moscow on 29 April 2016 on the eve of the ABA Dispute Resolution Conference. The list below includes topics of the debate as well as the […]
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. […]
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 […]
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 […]
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 […]
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.online pharmacy https://www.arborvita.com/wp-content/themes/spacious/inc/new/ventolin.html no prescription drugstore The decision also confirms that the respondent may not circumvent the general allocation of burden of proof mandated by the […]
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 Kyrgyz Republic found itself on the receiving end of a flurry of investment arbitration claims a couple of years ago. While it has since successfully resolved a number of cases, it has also lost several times. This post looks at two important recent developments. The first one is three awards rendered against the Kyrgyz […]
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.online pharmacy https://kendrickfoundation.org/wp-content/uploads/2022/09/new/trazodone.html no prescription drugstore This week the Presidium of […]
Russian courts have traditionally been cautious in dealing with ambiguous and too general arbitration clauses. online pharmacy https://meadfamilydental.com/wp-content/themes/twentyseventeen/assets/css/css/zithromax.html no prescription Where parties agree that their disputes “shall be resolved by arbitration” without more the clause is unlikely to be enforced. However, Russia’s participation in the European Convention on International Commercial Arbitration (the “European Convention”) provides […]
Under article II of the New York Convention if a state court is seized of a matter covered by an arbitration agreement it shall refer the parties to arbitration if one of the parties requests such a referral. In a recent decision the Federal Commercial Court for the North-Western Circuit provided important guidance as to the timing […]
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 […]
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 […]
In a case currently pending before the commercial courts of the North-Western Circuit, the Russian courts will get an opportunity to confirm that disputes arising out of share purchase agreements are arbitrable. Over the past few years several courts have ruled that they are not. With arbitration remaining the preferred means for Russian M&A disputes’ […]
The case deals with the tribunal’s ability to void on the basis of an alleged breach of a public law requirement. A panel of Supreme Commercial Court judges decided this week to refer the matter to the Presidium. The panel relied on a number of grounds justifying setting aside an award applying such rules. In particular, […]
In 2012 the Supreme Commercial Courts famously voided a dispute resolution clause, which entitled only one of the parties to choose between arbitration and litigation. Now the Russian courts have to decide whether to enforce a clause, which provides that the buyer should submit all its claims to arbitration, while the supplier should litigate any […]
Earlier this week, the Presidium of the Supreme Commercial Court released the full text of its resolution in Bosch v. Avtosped (a case we covered earlier). Unsurprisingly, the court dismissed Bosch’s claims and referred them to arbitration. However, the Supreme Commercial Court used the case to go over some basic rules that the Russian courts […]
The CIS Arbitration Forum has been online for more than two years. From a small project launched by a group of academics and practitioners the Forum has grown into a resource cited in submissions to arbitral tribunals and presentations prepared by state agencies.online pharmacy https://www.dino-dds.com/wp-content/themes/twentyseventeen/inc/new/strattera.html no prescription drugstore We would be grateful for your comments […]
Later this year the Presidium of the Supreme Commercial Court will hear an appeal in ENEL OGK-5 v CJSC ROS Postakva and Worley Parsons Europe Energy Services Ltd. The issues before the court are the arbitral tribunal’s power to assess evidence and the effect an alleged lack of jurisdiction over part of the dispute has on […]
Yesterday the Presidium of the Supreme Commercial Court of the Russian Federation affirmed relevant lower courts’ decisions to set aside a domestic arbitral award. It found that enforcement of an award requiring the respondent to pay penalty interest in the amount clearly exceeding the damages suffered by the claimant violates Russian public policy. While the […]
Last Friday the Supreme Commercial Court released a long-awaited review of case law in cross-border disputes (disputes involving a foreign party) (for our earlier report on the draft review see here). While such reviews are not de jure binding, they are as a matter of practice followed by the lower courts and provide reliable guidance to litigants. The […]
In a pending case Russian courts are looking at whether the arbitral tribunal may extend its jurisdiction to the City of Moscow on the basis of an arbitration clause in a contract to which a department of the city government is a party. In March 2013, the tribunal (Professor Sherstobitov (chair) and Professors Komarov and […]
The Federal Commercial Court for the Moscow Circuit issued an important decision last Wednesday confirming the enforcement of a Swiss Rules arbitration order terminating arbitration proceedings. The court confirmed that tribunal decisions other than awards may be enforced in Russia. It also confirmed the lower court’s finding that the parties may modify arbitration clauses by […]
Last week ICSID released a redacted version of a 2010 award in Liman Caspian Oil B.V. and NCL Dutch Investment B.V. v. Kazakhstan. While both the facts of the case and the parties’ positions have been redacted, the remaining parts of the award provide illuminating analysis of such issues as legality of the investment as a […]
Liman Caspian Oil BV and NCL Dutch Investment BV v Republic of Kazakhstan, ICSID Case No. ARB/07/14, Award dated 22 June 2010 (excerpts)
On 16 July the Supreme Commercial Court will consider whether an arbitration clause which consists of a reference to the ICC Rules of Arbitration is enforceable. The lower courts ruled that it was not, finding that it was not specific enough, with parties failing to agree on an institution to administer the arbitration. At first […]
Inmaris Perestroika Sailing Maritime Services GmbH and Others v. Ukraine, ICSID Arbitration (No. ARB:08:8), Award dated 1 March 2012
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 […]
In April, the Federal Arbitrazh Court for the Moscow Circuit faced two opportunities to address the implications of foreign set aside proceedings on the enforcement of an award in the Russian Federation. In the first case, it ruled that a party’s failure to raise an objection to the award in the set aside proceedings precluded […]
On 8 April 2013, the tribunal rendered an award in Arif v Moldova, the first ICSID arbitration against Moldova, which commenced several months after it had ratified the ICSID Convention. The tribunal (Cremades, Hanotiau, Knieper) rejected the majority of the investor’s claims, but found that Moldova had in one instance violated the obligation to provide fair […]
Mr Franck Charles Arif v Republic of Moldova, ICSID Arbitration (No. ARB:11:23), Award dated 8 April 2013
On 12 March 2013 a Russian court held that an award rendered in Russia may not be set aside if the parties have agreed that it will be final and have waived any recourse against it.online pharmacy https://www.mydentalplace.com/wp-content/uploads/2020/07/new/symbicort.html no prescription drugstore The Federal Commercial Court for the Moscow Circuit ruled that in such cases the […]
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 […]
On 13-15 March 2013 Centalex Events is organizing a seminar on litigation and arbitration in London for CIS practitioners and in-house counsel. The seminar will be delivered by barristers from One Essex Court and lawyers from White&Case. CIS Arbitration Form is an information sponsor of the event. The seminar’s program covers some of the most […]
For years Russian courts have struggled with the question of whether an obviously disproportionate amount of damages/penalties awarded by an arbitral tribunal may lead to refusal to enforce the award. The prevailing practice has been to reject this proposition since it entails review of the merits of the case. Yet lower instance courts have sometimes […]
The continuing financial instability worldwide has its impact on all areas law, including arbitration. The number of cases where insolvent parties are involved in arbitration or have entered into agreements containing arbitration clauses is rising and has over the past year generated significant jurisprudence of the Russian courts. Notably, the Supreme Commercial Court in a […]
The Supreme Commercial Court has published a draft information letter summarising the practice of the application of the public policy defence in enforcement of foreign arbitral awards and court judgments proceedings (the “Practice Review”). While not technically binding an information letter adopted by the Presidium of the Supreme Commercial Court is usually deferred to by […]
On 25 October 2012 an ICSID Tribunal unanimously dismissed all claims submitted by a US company Bosh International and its subsidiary (“Bosh”) against Ukraine. The claims arose out of the termination of a joint activities agreement (“JVA”) between a subsidiary of the claimant and Taras Shevchenko National University (the “University”) with respect to a conference […]
We reported earlier that in June 2012 an ICSID tribunal dismissed Caratube International’s USD 1 billion claim against Kazakhstan on jurisdictional grounds. The full text of the award has now been released and is discussed in this article. The dispute centred around the termination of Caratube’s licence to an oilfield in Kazakhstan and allegations that Caratube […]
Two weeks ago the Cabinet of Ministers of Ukraine decided to allow state organs to make payments under orders for security for costs or security for the claim issued by foreign courts and arbitral tribunals. The new rules are expected to remove some practical difficulties the Ukrainian authorities currently face in such situations. According to the Ministry […]
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