CAS award was recognized and enforced in Russia

The right to be heard in adversarial proceedings in international commercial arbitration has its own scope and limitations. In a recent decision of a Russian state court, the Arbitrazh Court of the Omsk region clarifies it.

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CAS award was recognized and enforced in Russia

Survey: Impact of economic sanctions on commercial arbitration

Survey

Since 2014, when economic sanctions have been imposed on Russia, a number of questions have arisen in respect of the alleged impact of sanctions on commercial arbitration. Moreover, it has been assumed that sanctions might have changed the attitude of the Russian lawyers in respect of some arbitral institutions.

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Survey: Impact of economic sanctions on commercial arbitration

Russian Disputes Go Online

odr

Arbitration analysis: The Russian Arbitration Association (RAA), a non-commercial organisation created in 2013, has adopted the RAA Online Arbitrations Rules (the Rules), which came into force on 1 October 2015. Mikhail Samoylov, LLM candidate in International Dispute Settlement (MIDS), discusses the development.

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Russian Disputes Go Online

Derivative shareholders’ actions

The outcome of a complex and an expensive arbitral proceeding might be destroyed due to shareholders derivative actions of a loosing party. Whether a shareholder is bound by an arbitration agreement? The answer is done on my post in respect of Russian perspective.

I hope the topic would be useful to everyone who deals with Russian entities.

Any suggestions or comments are very welcome!

The post is published on Kluwer Arbitration Blog (in English).

Credit: http://www.arbitration-funding.com

Derivative shareholders’ actions

The Evolution of Unilateral Arbitration Clauses in Russia

The issue of a unilateral (optional, alternative, hybrid) arbitration clause is highly controversial in commercial arbitration. The approach to these clauses varies from jurisdiction to jurisdiction. In 2012, the Supreme Arbitration Court of Russia (a state court), in Russian Telephone Company v. Sony Ericsson, declared a unilateral arbitration clause invalid. The decision attracted attention of arbitration participants both in Russia and abroad.

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The Evolution of Unilateral Arbitration Clauses in Russia

Russia: Application of the New York Convention and liquidation of a debtor

On 29th July 2015 the Supreme Court of Russia reveals the decision on the issue whether or not a court grants the recognition and enforcement of an arbitral award against a debtor who is in the process of liquidation or the arbitral award should be conferred initially in accordance with special liquidation provisions. Continue reading “Russia: Application of the New York Convention and liquidation of a debtor”

Russia: Application of the New York Convention and liquidation of a debtor

Russian proposals on domestic arbitration

On 7 May 2015 the Russian Government proposed a draft new law, the law on domestic arbitration in Russian Federation (the draft law), to the State Duma (the lower house of the Federal Assembly of Russia (legislature)). Domestic Arbitration is defined as an arbitration relating to a dispute arising out of legal relationship whether contractual or not, where none of the parties is:

  • an in individual who is a nationality of, or habitually resident in, any country other than Russia; or
  • a body corporate which is incorporated in, or whose central control and management is exercised in, a state other than Russia, and
  • the seat of the arbitration is in the Russian Federation.

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Russian proposals on domestic arbitration

Application of the New York Convention in Russia has been challenged due to the dissolution of USSR

Since the 60s. of the last century the Union of Soviet Socialist Republics (USSR) was a member of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) but on December 26, 1991 the Soviet Union collapsed.

Almost immediately after of the dissolution of USSR this fact was used as an attempt to object to the enforcement and recognition of several arbitration awards rendered by arbitration against a company domiciled the Russian Federation.

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Application of the New York Convention in Russia has been challenged due to the dissolution of USSR

Russia: The drafts on domestic arbitration are revealed

On the 7th of May 2015 the Government has addressed the draft of law on domestic arbitration to the State Duma (the lower house of the Federal Assembly of Russia (legislative branch)). The full texts of the drafts are available on the links bellow. One is the new law on domestic arbitration (the draft № 788111-6) and the other one is amendments to the laws regarding different aspects connected with arbitration in Russia (the draft № 788159-6). In 2014, the attempt to take a new legislation on arbitration had failed (the drafts had been criticized by the Presidential Administration).

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Russia: The drafts on domestic arbitration are revealed