Tag: arbitration clause

Cross-border dispute resolution clauses – checklist
By 14 June, 2024 0 Comments Read More →

Cross-border dispute resolution clauses – checklist

Dmitry Davydenko. Cross-border dispute resolution clauses – what to consider (in Russian language) Тезисы выступления к.ю.н. Давыденко Д.Л. на Центрально-Азиатском научно-образовательном форуме «Право как основа региональной экономической интеграции» на базе Казахского национального университета имени аль-Фараби в секции о центрах разрешения коммерческих споров 13.06.2024: “Что учитывать участникам ВЭД при формулировке контрактных оговорок о порядке разрешения споров сегодня”. […]

Posted in: Library
Russian court of appeals interprets a pathological arbitration clause
By 1 December, 2021 0 Comments Read More →

Russian court of appeals interprets a pathological arbitration clause

In a case filed by Spetstehnika LLC (Russia) against Cadman Power Equipment Asset Corp. (Canada), the 20th Circuit Court of Appeals in Russia considered the enforceability of a potentially pathological arbitration clause that referred to a non-existent arbitral institution in Canada.  The court of appeals, on 9 November 2021, refused to meddle with the parties’ […]

Posted in: Commercial Arbitration, Domestic Proceedings
Enka v Chubb 2.0: the Proper Law of an Arbitration Agreement
By 20 November, 2020 0 Comments Read More →

Enka v Chubb 2.0: the Proper Law of an Arbitration Agreement

In a landmark decision in Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors [2020] UKSC 38, the U.K. Supreme Court clarified the applicable principles for determining governing laws of an arbitration agreement in the absence of the parties’ express choice. The court upheld the appeal staying parallel court proceedings in Russia […]

Posted in: Commercial Arbitration
Arbitrability of Insolvency Disputes: the Principle of Modified Universalism
By 26 October, 2020 0 Comments Read More →

Arbitrability of Insolvency Disputes: the Principle of Modified Universalism

On 23 September 2020, English High Court granted an application for an interim injunction to restrain liquidators for the International Bank of St. Petersburg from pursuing insolvency proceedings in Russia in breach of an LCIA arbitration agreement. Most jurisdictions provide several mechanisms to reverse transactions entered into by a debtor prior to the commencement of […]

Posted in: Commercial Arbitration
Russian Courts Reject Overly Broad Interpretation of Investment Treaty Arbitration Clause
By 25 November, 2014 0 Comments Read More →

Russian Courts Reject Overly Broad Interpretation of Investment Treaty Arbitration Clause

Arbitral tribunals in Moscow interpreted surprisingly broadly the dispute resolution provision in an investment treaty, allowing the investors to apply at unlimited number of fora at their choice. However, the Minsk-based CIS Economic Court in its decision on 23 September clarified that such provision establishes only a potential possibility of investor-state dispute resolution by international arbitration provided that the […]

Posted in: Investor-State Arbitration
Award Enforcement in Russia: Forum Conveniens Rule
By 18 May, 2014 0 Comments Read More →

Award Enforcement in Russia: Forum Conveniens Rule

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
Ambiguous Clause Successfully ‘Cured’
By 4 May, 2014 0 Comments Read More →

Ambiguous Clause Successfully ‘Cured’

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
When It Is Not Too Late to Request Referral to Arbitration?
By 30 April, 2014 0 Comments Read More →

When It Is Not Too Late to Request Referral to Arbitration?

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
Disputes Arising Out of Government Contracts Not Arbitrable?
By 25 February, 2014 0 Comments Read More →

Disputes Arising Out of Government Contracts Not Arbitrable?

Russia’s highest 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 arbitral award in a dispute between a government agency and a company. The dispute arose out of a government contract by which the company agreed to […]

Posted in: Domestic Proceedings
A Stranger in an Arbitration – Why Proper Notice and Powers are Important
By 26 December, 2013 0 Comments Read More →

A Stranger in an Arbitration – Why Proper Notice and Powers are Important

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 […]

Posted in: Commercial Arbitration
More on Asymmetrical Arbitration Clauses from the Russian Courts
By 31 October, 2013 0 Comments Read More →

More on Asymmetrical Arbitration Clauses from the Russian Courts

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
A Landmark Decision on Validity and Enforcement of Arbitration Clauses in Russia
By 20 October, 2013 0 Comments Read More →

A Landmark Decision on Validity and Enforcement of Arbitration Clauses in Russia

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
Supreme Commercial Court to Address Arbitral Tribunals’ Ability to Handle Complex Disputes
By 30 August, 2013 0 Comments Read More →

Supreme Commercial Court to Address Arbitral Tribunals’ Ability to Handle Complex Disputes

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
Russian Supreme Commercial Court on Cross-Border Litigation
By 31 July, 2013 0 Comments Read More →

Russian Supreme Commercial Court on Cross-Border Litigation

  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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
Russian Dallah in the Making
By 14 July, 2013 1 Comments Read More →

Russian Dallah in the Making

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
Which Decisions of Arbitral Tribunals are Enforceable in Russia?
By 12 June, 2013 1 Comments Read More →

Which Decisions of Arbitral Tribunals are Enforceable in Russia?

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 […]

Posted in: Commercial Arbitration
Russian SCC to Consider a “Problematic” Arbitration Clause
By 22 May, 2013 3 Comments Read More →

Russian SCC to Consider a “Problematic” Arbitration Clause

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
Enforcement of Arbitral Awards in Russia: Effect of Foreign Court Proceedings
By 19 April, 2013 0 Comments Read More →

Enforcement of Arbitral Awards in Russia: Effect of Foreign Court Proceedings

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 […]

Posted in: Commercial Arbitration
Can Parties Waive the Right to Challenge an Award Rendered in Russia?
By 20 March, 2013 1 Comments Read More →

Can Parties Waive the Right to Challenge an Award Rendered in Russia?

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
Russia’s Supreme Commercial Court Voids An Optional Arbitration Clause
By 3 September, 2012 2 Comments Read More →

Russia’s Supreme Commercial Court Voids An Optional Arbitration Clause

Russia’s highest commercial court has ruled that an optional arbitration clause creates an unfair advantage for one of the parties and hence is contrary to the equality of arms principle. Pursuant to the clause in question both parties were required to submit any disputes among them to arbitration under the ICC rules. However, the seller […]

Posted in: Commercial Arbitration, Domestic Proceedings
Gazprom v Lithuania: SCC Tribunal Rules on Arbitration Clause and Parallel Litigation
By 14 August, 2012 0 Comments Read More →

Gazprom v Lithuania: SCC Tribunal Rules on Arbitration Clause and Parallel Litigation

Lithuanian leading natural gas company Lietuvos Dujos is in the centre of a number of litigations and arbitrations between Gazprom and Lithuania, which are both shareholders in the company. Gazprom is challenging Lithuania’s recent regulations requiring Lietuvos Dujos to divest its gas transit assets as a breach of the bilateral investment treaty between the Russian Federation and […]

Posted in: Commercial Arbitration
Russian Supreme Commercial Court: Not All Domestic Disputes Can Be Resolved in International Arbitration
By 12 July, 2012 0 Comments Read More →

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings