Arbitration Awards, Pre-arbitration Dispute Settlement Procedures, Russia

(Muranov, Chernyakov and Partners)/ /1 Comment

Dispute resolution clauses often provide for negotiations, conciliation or a similar procedure before arbitration. Both UNCITRAL Model Law on International Commercial Arbitration and the Russian law contain no provisions on the legal effect of the pre-arbitration procedure of dispute settlement. In particular, they are silent on whether its non-fulfillment precludes the arbitral tribunal’s competence. Accordingly,…

Arbitration Awards, Enforcement, National Arbitration Laws, Russia

(Muranov, Chernyakov and Partners)/ /Leave a comment

Under the Russian legal system, the last resort a party has with respect to challanging a court decision is to apply to the Constitutional Court of the Russian Federation with a claim to review the decision’s compliance with the Russian Constitution in terms of the provisions of laws and/or regulations applied by lower courts. There…

Mediation, Russia

(Muranov, Chernyakov and Partners)/ /2 Comments

Unlike arbitration which is quite solidly supported by legislation (the law of the Russian Federation “On International Commercial Arbitration”, which is almost completely based on the UNCITRAL Model Law, was adopted in 1993. The Federal Law “On Arbitration Courts” governing domestic arbitration entered into force in 2002), mediation in Russia lacks adequate legal framework. The…

Arbitration Awards, Enforcement, New York Convention, Public Policy, Russia

(Muranov, Chernyakov and Partners)/ /1 Comment

In post-Soviet time Russian courts have already developed quite a vast practice of recognition and enforcement of international arbitral awards. One can even already fetch out some trends in such practice. Thorough case study shows that certain distrust to international arbitration and unexpected obstacles to the enforcement of the awards caused by lack of experience…