The Russian Arbitration Day conference will take place on 29 May 2014 in the Congress hall of the Chamber of Commerce and Industry of the Russian Federation. CIS Arbitration Forum is an information partner if the event. The conference promotes the development of international arbitration on post-Soviet territory. Both the conference format and a strict reporters’ […]
A recently-published judgment of the High Court in the case JSC VTB Bank v Skurikhin has confirmed that Russian judgments can be enforced in England and Wales. The English court recovered from the defendant all amounts claimed under the Russian judgments (622 million rubles) with exclusion of penalties because the judge decided “that they are punitive in […]
2013 was an important year for international arbitration in Russia. Numerous important court judgments were rendered by the higher courts. A large-scale and ground-breaking legislative reform is underway. Some new high profile arbitrations were commenced. We have selected and summarised the 10 most important events related to international arbitration last year. 1. Launch of legislative […]
A 28 January 2014 ruling of the Russian Supreme Commercial Court (the “SCC”) will have significant repercussions for international litigation involving Russian parties. According to the SCC a foreign judgment will be enforceable in Russia only if the proceedings were served on the Russian party through official channels provided by the Hague Convention on the […]
CIS Arbitration Forum is launching a Working Papers Series. The papers will feature research papers to encourage the exchange of ideas about arbitration and dispute resolution in the former Soviet Union countries. E-copies of the Working Papers will be available in the Social Sciences Research Network electronic library. Sergey Strembelev and Yaraslau Kryvoi authored the […]
In late autumn 2013 Infotropic Media publishing house released a treatise “Summary proceedings in civil cases” (in Russian language). The author of this book is Zoya Papulova, a young researcher and a practicing lawyer in Yekaterinburg (Southern Urals). The general editor of the book is meritorious jurist of Russia, doctor of law professor Irina Reshetnikova. The author analyses […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Competition and cooperation between legal systems is the opening theme of the plenary session of the International Legal Forum in Saint Petersburg on 15-18 May 2013. In October 2012 the Presidium of the Russian Supreme Commercial Court (“SCC”) issued a resolution dealing with competition between foreign and Russian jurisdictions which is relevant to this session and of interest to international litigation practitioners. […]
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 […]
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 […]
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 […]
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 […]
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 […]
On 7 December 2012 the Russian National Committee of the International Chamber of Commerce – the World Business Organization (ICC Russia) in cooperation with the ICC International Court of Arbitration will organise an annual arbitration conference “Russia as a Place for Dispute Resolution”. CIS Arbitration Forum is the event’s information sponsor and is an information partner of […]
An international conference “Russia in the World Trade Organization: New Tools to Protect Business” took place at the World Trade Centre in Moscow on October 24, 2012. The conference was held by ICC Russia and law firm Muranov Chernyakov & Partners. Russia acceded to the WTO on August 22, 2012. The accession was preceded by the relevant decree of the […]
The Presidium of the Russian Supreme Commercial Court has clarified its position on the authority to conclude arbitration agreements. The general counsel of a company branch concluded a contract with an arbitration agreement under a power of attorney authorising him to represent the company at court and in particular to settle disputes or to refer […]
A settlement agreement can be concluded even after the arbitral tribunal has rendered an award in the case, and such an agreement can be approved by the same arbitral tribunal as a consent award. The Russian Supreme Commercial Court (the “SCC”) Presidium reached this conclusion on June 7, 2012. The circumstances of the case were as […]
On the last day of summer in 2012 the High Court of Justice in England closed the last chapter on the Berezovsky v Abramovich case. It dismissed both claims of the former Russian tycoon Boris Berezovsky. Berezovsky had claimed a sum of in excess of 5.6 billion USD as compensation for unprofitable transactions. He alleged that at […]
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 […]
Remington Worldwide Limited v Ukraine is interesting not only as the first arbitration under the Energy Charter Treaty (the “ECT”) conducted in Russian. It also reasserts the importance of a fundamental aspect of the rule of law – the principle of legal certainty. The case demonstrates how far-reaching the effects of the application of the exceptions from […]
As we reported back in May 2011 the Russian Constitutional Court has confirmed that disputes relating to the transfer of title to immovable property are arbitrable, as well as other disputes of an essentially private law nature. The decree rendered by the Constitutional Court resulted from a July 2010 request of the Presidium of the Russian Supreme Commercial Court […]
The Presidium of the Supreme Commercial Court will clarify which of a respondent’s actions may evidence implicit acceptance of an arbitral tribunal’s jurisdiction.online pharmacy https://bergenderm.com/wp-content/uploads/2022/09/jpeg/lexapro.html no prescription drugstore The case which will be heard by the court in October focuses on the respondent’s constantly changing position as to the jurisdiction of the arbitral tribunal. Though […]
An arbitral tribunal in Stockholm concluded in an award released yesterday that tax assessment measures taken against Yukos were arbitrary and discriminatory. The proceedings were instituted by a group of Spanish investors in 2007. The award also confirmed that the claimant’s expenses in the arbitration were entirely funded by the Menatep Group (Yukos’ majority shareholder) which […]
The Russian Supreme Commercial Court has held that disputes arising out of investment agreements with Russian authorities are not arbitrable at least for the purposes of domestic arbitration. The court upheld the decisions of the lower courts refusing the enforcement of a domestic arbitral award in a dispute between a private investor and a Russian […]
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