Russia

National Courts, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Russia

(Russian Arbitration Association)/ /2 Comments

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York) celebrated its 60th anniversary in 2018 (“Convention”). Since its inception, 159 Contracting States have joined the Convention. The USSR ratified the Convention on 22 November 1960. The Russian Federation, as a successor of the USSR, continues to be a Contracting State….

Appeal, Arbitration, BIT, Crimea, India, ISDS, Russia, Switzerland, Ukraine

(von Segesser Law Offices)/ /Leave a comment

In a marked departure from its usual closed-doors policy, the Swiss Federal Supreme Court (the “Supreme Court”) recently held public deliberations in two separate appeal proceedings concerning foreign investment arbitrations. In both cases, a public deliberation by all five judges of the first civil chamber was necessitated due to the lack of unanimity among the…

Arbitration, Arbitration Agreement, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, ICC, ICC Arbitration, International arbitration, Russia

, (Freshfields Bruckhaus Deringer LLP)/ /2 Comments

In February 2018, the Arbitrazh (Commercial) Court of the City of Moscow issued a ruling1) Ruling of the Arbitrazh (Commercial) Court of the City of Moscow dated 8 February 2018, case No. A40-176466/17-83-1232. denying the recognition and enforcement of an ICC award issued in favor of Dredging and Maritime Management SA (Luxembourg) against JSC Inzhtransstroy…

BIT, Russia, Territory, Ukraine

(Asters)/ /Leave a comment

After the 2014 Russian annexation of Crimea, the new local “authorities” have taken a number of privately and state-owned assets in the peninsula.  Ukrainian companies have commenced at least eight investment arbitrations against the Russian Federation under the Russia-Ukraine BIT (the “BIT”), seeking compensation for the lost property in Crimea.1) NJSC Naftogaz of Ukraine et…

Arbitrability, Brussels Regulation, Europe, European Convention on Human Rights, France, Russia, Unilateral Clauses

(New York University )/ /Leave a comment

A unilateral option clause (“UOC”) can take many forms. It may grant its beneficiary the exclusive right to choose between litigation and arbitration when a dispute arises, or to choose to litigate before a specific jurisdiction, while constraining the non-beneficiary to a specific forum or a specific mode of dispute settlement. Consequently, UOCs are undoubtedly…

Arbitral Award, Enforcement, New York Convention, Russia

(Egorov Puginsky Afanasiev & Partners)/ /Leave a comment

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) has its own scope – it states that it “shall apply to the recognition and enforcement of arbitral awards”. Only decisions made by arbitrators are to be considered “awards” within the meaning of the New York Convention1)UNCITRAL Secretariat Guide on the…

Cyprus, occupation, Oil & Gas, Russia, Turkey, Ukraine

(Bottega Di Bella)/ /Leave a comment

This post navigates the possibility of expanding the protection of a Bilateral Investment Treaty (BIT) to foreign investments made in the territory of a country, which is partially occupied by the State that is a Contracting Party to that BIT. By taking into account a real-life situation – which may result into an investment arbitration…

CIS, LCIA Arbitration, Public Policy, Russia

(British Institute of International and Comparative Law (BIICL))/ /Leave a comment

Over the last years, European arbitration institutions show the increasing number of arbitration cases involving Russian and other former Soviet Union countries, most of which are members of the Commonwealth of Independent States (CIS). Russian parties were second only to local Swedish companies appearing before the Arbitration Institute of the Stockholm Chamber of Commerce (SCC)….

Arbitration Institutions and Rules, Maritime Arbitration, Russia

(Redstone Chambers)/ /Leave a comment

In January 2017, the new Rules of the Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry were adopted (“MAC Rules”). The Rules implement new regulations which comply with the latest tendencies in arbitration. MAC was established in 1930 in Soviet Russia and since then it administered about 4,500 disputes. In 2016 –…

Arbitration, Arbitration institution, Arbitration Institutions and Rules, Arbitration Proceedings, Corporate disputes, Pocket arbitrations, Russia

(Arbitration Center at the Institute of Modern Arbitration)/ /Leave a comment

One of the most significant changes that the new Russian Arbitration Law introduced, which has been in force for past eight months, relates to the requirement of Governmental authorization for establishing an arbitral institution (more discussion on this can be found in some of previous KAB posts available here, here, here). In particular, the Russian…

Arbitration Institutions and Rules, Collective redress, Consolidation, Disclosure, Joinder, Russia

(Karimullin Law Firm)/ /Leave a comment

As of 1 February 2017 shareholders in a Russian company may refer their corporate law disputes to arbitration. Still, except for disputes from share purchase agreements or those involving securities registrars, having an arbitration clause in a company charter, a shareholders’ agreement (“SHA“), or elsewhere which submits corporate disputes to arbitration is not enough. A…

Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrator Challenges, Arbitrators, Expedited arbitration, Multiple parties, Russia

(Karimullin Law Firm)/ /Leave a comment

Arbitration has become a preferred method for the resolution of international commercial disputes in Russia, mostly thanks to the activities of the Moscow-based International Commercial Arbitration Court (“ICAC“, the Russian acronym “MKAS“) at the RF Chamber of Commerce and Industry. Established in 1932 as the Foreign Trade Arbitration Commission placed under the USSR National Chamber…

Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Clause Incorporated by Reference, Enforcement, International arbitration, Russia

(Egorov Puginsky Afanasiev & Partners)/ /Leave a comment

The question of the validity of an arbitration clause incorporated by reference is debatable in international arbitration. The approach of national courts to the issue varies from jurisdiction to jurisdiction (e.g., see here). The Russian Law on International Arbitration (1993) is based on the UNCITRAL Model Law. In particular, the Law provides in Article 7…

Ad hoc arbitration, Arbitrability, Arbitration, Arbitration Act, Corporate disputes, Institutional Arbitration, Lex Arbitri, Russia

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment
WilmerHale

Russia has recently revised its arbitration laws. The key development of the reform is to address the arbitrability of so-called “corporate disputes.” The new laws lift the longstanding ban on arbitrating most types of controversies relating to a Russian company. There is a catch, though: the lawmakers set out mandatory procedural conditions with which any…

Arbitration, Arbitration institution, Corporate disputes, International arbitration, Russia

, (Hogan Lovells)/ /1 Comment

1 September 2016 marks the key date in the long-awaited Russian arbitration law reform, publicly announced by the President of the Russian Federation already in 2013. Since then, the Russian arbitration law reform has been in the public eye attracting significant publicity (previous blog posts on this can be read: here, here, here, and here)….

Arbitration, Arbitration Agreements, Bankruptcy, Bankruptcy and arbitration, Russia

(KIAP, Attorneys at Law)/ /1 Comment

The Russian Supreme Court recently rendered a decision declaring disputes on challenging agreements with banks in a special financial situation, called by lawyers – “troubled” banks, as non-arbitrable [Bank Trust v. Fosint Ltd., decision dated 16 August 2016 number 305-ЭС16-4051] (“Trust case”). In this case, a “troubled” bank, meaning a bank in which a temporary…

Arbitration, Russia, Sport arbitration

(Buzko & Partners )/ /1 Comment

No other sport event has attracted as much attention recently as the 2016 Summer Olympics in Rio (Rio 2016). Due to the international scale, high stakes involved, close emotional attachments as well as the increased publicity, Rio 2016 came under close scrutiny from all kinds of stakeholders. Just like in old times (remember boycotts of…

Arbitration, Enforcement, Russia

(Egorov Puginsky Afanasiev & Partners)/ /2 Comments

Arbitrability is a fundamental concept of arbitration law which gives an answer to a question which dispute can be submitted to arbitration. Traditionally in Russia the non-arbitrability of a dispute was explained through a public policy consideration. In other words, disputes which have or might have a public interest cannot be submitted to arbitration. The…

Arbitration, Russia

(Karimullin Law Firm)/ /Leave a comment

Not long time ago the Supreme Court of Canada upheld a refusal to grant an enforcement of an US$950,000 award, rendered on 6 September 2002 and issued in favor of the Russian oil company Yugraneft at the International Commercial Arbitration Court at the RF Chamber of Commerce and Industry (“ICAC”). The enforcement application was filed…

Arbitrability, Arbitration, Russia

(Buzko & Partners )/ /Leave a comment

Wide interpretation of a non-arbitrability exception may frustrate the purpose of promoting international commercial arbitration. So far, Russian courts have not been able to formulate a clear cut and consistent rule on the arbitrability of disputes with a public element, in particular disputes arising from agreements concluded under public procurement schemes. Russian law as it…

Arbitration, Arbitration Institutions and Rules, Corporate disputes, Joinder, Russia

(Karimullin Law Firm)/ /1 Comment

One of the peculiarities of the revised Russian Arbitration Laws of 29 December 2015 (“Laws“), entering into force on 1 September of this year, is an attempt to localize the on-shore settlement of corporate arbitral disputes involving domestic companies. Only an arbitration institution which has adopted, publicized online, and filed special rules for arbitration of…

Arbitration, Arbitration Agreements, Enforcement, Russia

(Egorov Puginsky Afanasiev & Partners)/ /1 Comment

In some legal systems, a shareholder of a company may act for the company in certain circumstances. When a shareholder is permitted to do so, questions may arise whether the shareholder may invoke (and is bound by) an arbitration clause in the contract. The arbitrability of derivative shareholders’ actions is largely unclear in comparative legal…

Ad hoc arbitration, Arbitrability, Arbitration, Arbitration Proceedings, Corporate disputes, Enforcement, Russia

(Egorov Puginsky Afanasiev & Partners) and (Brevia)/ /Leave a comment

For the last several years, Russia has undergone arbitration reform initiated by the President in or around 2013. The reform is aimed at increasing the credibility of this dispute resolution mechanism in Russia and updating the framework regulating domestic and international arbitration by addressing many long known gaps. The latest development occurred on 29 December…

Arbitration, Arbitration Proceedings, Russia, Sanctions

(Climate Change Counsel)/ /Leave a comment

by Anja Havedal Ipp, Arbitration Institute of the Stockholm Chamber of Commerce A year into the sanctions regime, the arbitration community is trying to assess and predict its impact on Russia-related arbitration. Some commentators have drawn somewhat exaggerated conclusions. An October 22 post at the Kluwer Arbitration Blog, for example, talked about Russia’s “seismic shift” toward…