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’ […]
A major conference on Russia- and CIS-related Dispute resolution is taking place in London on 27–28 February 2014 in The Sheraton Park Lane Hotel. Disputes with Russian and CIS parties – whether decided by arbitral tribunals or state courts – are notorious not only for the vast sizes of the claims but also for their complexity. […]
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, […]
A decision of the Supreme Court of Kyrgyzstan of 20 August 2013 confirms that bankruptcy issues are not capable of settlement by arbitration under the laws of Kyrgyzstan. The decision may be seen as a clarification that the relevant restriction applies both to domestic and international arbitration. Facts of the Case In a contract concluded […]
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 Supreme Commercial Court is set to rule in two cases, which revolve around the fundamental principle of nemo iudex in causa sua. The cases arise out two arbitral awards. First case: the Arbitration Court of Gazprom rendered an award in favour of a Gazprom-affiliated entity. Second case: the tribunal administered by the Center of Dispute […]
British Virgin Islands Cucurova Finance International Limited v. Alfa Telecom Turkey Ltd. Cucurova Finance International Limited v. Alfa Telecom Turkey Ltd (Privy Council) The United Kingdom Abramovich v. Berezovsky Abramovich v. Berezovsky (Decision) BNP Paribas SA v. OJSC Russian Machines & ors BNP Paribas SA v. OJSC Russian Machines & ors (2011) BNP Paribas SA […]
In June 2013, the Federal Commercial Court of the Moscow Circuit rendered a decision allowing the enforcement of an Order for Termination of Arbitral Proceedings issued by a Swiss arbitral tribunal (with B. Berger (chairman), R. Favre Schnyder and V. Heiskanen as arbitrators). The CIS Arbitration Forum has already covered this story. Presently, the appeal to the Supreme Commercial […]
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 […]
CIS Arbitration Forum is continuously looking for part-time interns to help with preparing materials offering cutting-edge insights into developments in international arbitration and cross-border dispute resolution.online pharmacy https://www.mydentalplace.com/wp-content/uploads/2020/07/new/albuterol.html no prescription drugstore Interns will work (usually remotely) in close cooperation with editors in London and Moscow to produce posts for the Forum as well as update […]
On 2 August 2013, the Court of Arbitration for Sport (CAS) published a press-release about the decision made in a complex and highly controversial case on match-fixing, involving ten individuals and two football clubs from Ukraine – FC Metalist Kharkiv (“FC Metalist”) and FC Karpaty Lviv (“FC Karpaty”). The Tribunal sanctioned the Sports Director of FC Metalist and six football players for being directly […]
The Kiev Arbitration Days 2013: Think Big! will take place on November 14-15, 2013 in the Radisson Blu Hotel. The conference is conducted under the auspices of the Ukrainian Bar Association. CIS Arbitration Forum is a media partner of the conference. The event will bring together world-class dispute resolution practitioners and prominent arbitration experts to discuss […]
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 […]
International Centre for Dispute Resolution Young & International (ICDR Y&I) invites to its annual Seminar in Moscow on Thursday, September 26, 2013. The Seminar will be hosted by the Independent Arbitration Chamber. The program will take place at 33 Arbat Street, in the historic center of Moscow. Registration will open at 4:30 p.m., with the program running […]
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 […]
At the end of 2012 a group of Russian arbitration practitioners announced their initiative to establish in Russia an arbitration association. Lawyers from more than 50 Russian and international law firms backed the initiative. In May 2013 the founders officially registered the Russian Arbitration Association at the Ministry of Justice of the Russian Federation. Approximately 70 members […]
On 20 June 2013, for the first time Moscow hosted the international conference Russian Arbitration Day, aimed at the development of international commercial arbitration in the post-Soviet region. The International Commercial Arbitration Court (ICAC) and Maritime Arbitration Commission (MAC) at the Chamber of Commerce and Industry of the Russian Federation organised the conference with support of law firms […]
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 […]
1–2 июля в Москве пройдет интенсивный тренинг для практикующих юристов, цель которого – научить наиболее эффективно использовать возможности международного арбитража для разрешения коммерческих споров. Место проведения – зал «Чехов» гостиницы «Метрополь». Цель тренинга – на основании специально разработанного сценария научить наиболее эффективно использовать возможности международного арбитража для разрешения коммерческих споров. Организаторами тренинга выступают CIS Arbitration Forum, факультет права […]
When faced with an almost identical issue in the course of arbitration proceedings, Swiss and Russian arbitrators or courts seem to reach different conclusions. A common issue in arbitration is an imprecise designation of the arbitral tribunal in an arbitration clause. This article considers the effect of such flawed arbitration clauses in the light of […]
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 […]
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 […]
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 […]
One of the most influential members of the Russian legal community – Henry Reznik, president of the Moscow Chamber of Advocates – recently vigorously criticised the International Commercial Arbitration Court at the Russian Chamber of Commerce (the “ICAC”), a respected Russian arbitral institution. Mr Reznik expressed his surprise that the Presidium of ICAC, without giving […]
CIS Arbitration Forum, Legal Success magazine and Arbitrations.ru are pleased to commence the first study of the Russian & CIS legal services market in International Arbitration. Depth, complexity and focus on Russia/CIS are the main distinctive features of the study. It will consist of 3 parts: law firms’ survey, legal departments’ survey and arbitrators’ survey. In […]
This article follows up on an earlier publication dealing with the Vega Engineering v TransTeleCom case. In that dispute, TransTeleCom raised various grounds to challenge the arbitral award, which were all considered by the Russian Arbitrazh Court. One of the grounds – finality of the arbitral award – was discussed in the article mentioned above.online pharmacy […]
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 […]
The Russian State Duma is considering draft amendments to the Russian Civil Code. Bad faith (недобросовестность) – already impermissible in the exercise of civil rights under article 10 CC RF – is expected to be wiped out right at the stage of “negotiations in view to conclude a contract” under new article 434 CC RF. Russia […]
Legal Success magazine, CIS Arbitration Forum and Arbitrations.ru are pleased to commence the first study of the Russian & CIS legal services market in International Arbitration. Depth, complexity and focus on Russia/CIS are the main distinctive features of the study. It will consist of three parts: law firms’ survey, legal departments’ survey and arbitrators’ survey. In […]
Mohammad Ammar Al. Bahloul v. Republic of Tajikistan, SCC ArtliIralion No V (060II200l), Award dated 8 June 2010
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 […]
Submitting to the jurisdiction of state courts instead of opting for arbitration may lead to unexpected difficulties when serving a statement of claim. A lesson drawn from the recent Canadian case [2012 ONSC 1522] discussed below should give another reason why arbitration may be preferred to litigation in state courts. In 1995 Khan[i] embarked on […]
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 30 November 2012 the Congress Center of the Russian Chamber of Commerce and Industry will host an international conference “International Commercial Arbitration in Russia and Worldwide: Trends of Development and Modern Practice”. The conference is dedicated to the 80th anniversary of the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry (the “ICAC“). CIS […]
The task to create in the former USSR an international body comparable to the Court of the European Union is challenging. But this has already started to take shape: such a body not only exists, but it has already heard and resolved its first case, which was initiated by a Russian company. The Eurasian Economic Community (“EurAsEC”) currently includes […]
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