Last month a number of noteworthy arbitration-related developments took place in Moscow.
Firstly, the international conference “Commercial Arbitration in Russia, Sweden and the UK: New Business Opportunities”, was held on 9-10 June at the Congress Center of the Russian Chamber of Commerce and Industry. The conference was jointly organized by the Center of Arbitration and [...] read more »
Archive for the 'Russia' Category
The International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry: New Developments and a Short Comment on the Rumor Mill
Russia: Impartiality Test for Arbitrators
In 2007, the Russian Supreme Arbitrazh (State Commercial) Court in OAO NK Rosneft v. Yukos Capital S.a.r.l ruled that arbitrators must disclose their connection to the legal counsel of the other party at the time of their appointment. The facts of the case suggested that one of the arbitrators spoke at a conference organized and [...] read more »
Does Noncompliance with Pre-arbitration Dispute Settlement Procedures Affect Awards Enforceability in Russia?
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, [...] read more »
Some Findings of the Russian Constitutional Court on International Arbitration
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 [...] read more »
Russian President’s Bill (Draft Law) on Mediation – Is a New Epoch of ADR beginning in Russia?
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 [...] read more »
A Recent ICC Award Enforcement in Russia: are Russian Courts Really Becoming More Arbitration-Friendly?
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 [...] read more »
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