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 […]
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 […]
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 […]
A major conference on Russia- and CIS-related Dispute resolution is taking place in London on 27-28 in Sofitel 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 shortcomings of the regional […]
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 […]
In September 2012, a group of Ukrainian and foreign experts in international arbitration founded the Ukrainian Arbitration Association (the “UAA” or the “Association”) to unite lawyers, irrespective of their nationality or place of residence, who are professionally engaged or interested in international arbitration. This is an important step in the development of international arbitration in Ukraine. […]
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