and Julia Popelysheva, Clifford Chance LLP Introduction On 19 June 2012 the Presidium of the Supreme Arbitrazh Court of the Russian Federation (“SAC RF“) issued a decree (“Decree“) in case…
The clearest indication of a shift in the approach of the Russian arbitrazh (commercial) courts* came in April 2010, when the Presidium of Russia’s Supreme Arbitrazh (Commercial) Court issued a…
…Sony Ericsson Mobil Communications Rus LLC, No. A40-49223/11-112-401 (Supreme Arbitrazh Court of the Russian Federation) (The court held, “that unilateral dispute resolution clauses are contrary to the basic principle of…
…of the first instance was upheld by the higher instance courts. However the Presidium of the Supreme Arbitrazh Court of the Russian Federation set the rulings of the lower courts…
…Court lacked jurisdiction because the dispute involved an individual. The Court of Cassation agreed and terminated the proceedings. Edimax then appealed the Court of Cassation’s judgment to the Supreme Arbitrazh…
…decision of the Moscow Arbitrazh Court, which was then upheld by the Federal Arbitrazh Court of Moscow District and the Supreme Arbitrazh Court of the Russian Federation. Despite some trenchant…
…declined to re-examine the case (The Supreme Arbitrazh Court’s opinion has never been published). Finally, in the case A65-5171/2006, the Arbitrazh court of the Tatarstan Region (court of first instance)…
…High Court to have the power to substitute an arbitrator appointed by the Supreme Court, particularly when the power to appoint arbitrators is exclusive to the Supreme Court. In the…
…it means : (i) dispute resolution by a state court – an arbitrazh court; (ii) dispute resolution by arbitral tribunals. This dual meaning confuses Russian courts and foreign courts. For…
…limited review by courts. Specifically, the Supreme Court was unanimous in holding that an arbitral decision, “even arguably construing or applying the contract” to determine whether the parties have agreed…
…of this Article, when executing the judgments, decisions and orders issued by the [DIFC] Courts or Arbitral Awards ratified by the [DIFC] Courts through Dubai Courts, the following must be…
…Haldia Petrochemicals Limited and Ors. , (2014) 14 SCC 574, the Supreme Court affirmed civil courts’ jurisdiction to entertain suits seeking grant of anti-arbitration injunctions. While ultimately the Supreme Court…
…with its own self-contained common law court system (comprised of a court of first instance and a court of appeal) and its own body of substantive laws modeled on English…
A crucial issue in arbitration is determining the proper relationship between courts and the arbitration process. In addition to court challenges to preliminary jurisdictional decisions by arbitrators and court applications…
…That conclusion is confirmed by a comparison of the substantive analyses of the UK Supreme Court and of the French courts. Thus, the UK Supreme Court largely ignored factual elements…
…part of the question of validity and hence within the court’s jurisdiction,2) See, e.g., Wuhan Maritime Court’s ruling (2018) E 72 Min Te No. 29. while other PRC courts have…
…the Moscow Arbitrazh Court (whose judgment was upheld by the Federal Arbitrazh Court of the Moscow District and the Supreme Arbitrazh Court). The reasons for setting aside the award included…
…most countries in the region endorse broad and generally vague definitions for public policy under NYC Article V(2)(b). For example, in Russia, the Presidium of the Supreme Arbitrazh Court (in…
…execute judgments, decisions and orders rendered by any Recognised Court other than Dubai Courts, that execution shall not go beyond the jurisdiction of this Court which requires this Court not…
…ICC arbitration clause he was relying upon was upheld by the Supreme Court of Georgia. I had been following this case [Supreme Court of Georgia Case #as-148-140-2017] since 2016 and…
…being discredited by the Indian Supreme Court in the BALCO decision. (1) First, it is now plain that Indian courts should not assert jurisdiction in matters concerned with, in particular,…
…(and vice versa) pursuant to a 2009 Memorandum of Understanding between the Dubai Courts and the DIFC Courts and Dubai Law No. 16 of 2011. The Dubai Courts also should…
This post addresses the U.S. Supreme Court’s misadventures with class arbitration over the past decade. Those misadventures have resulted in striking confusion and waste of resources by litigants, courts and…
…The court is not entitled to make any changes to the foreign court judgments left to enforcement. As a WFO would be considered as a foreign court judgment, the competent…
