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 administratio...
For more than 15 years, Dr. Manfred Heider has been the Secretary General of the Vienna International Arbitral Centre (VIAC), one of the most reputable and popular arbitral institutions in the world.
Partner of litigation and international arbitration practice of KIAP Anna Grishchenkova discussed with the Secretary General of VIAC the way to success in arbitration, ideal a...
First published on Lexis®PSL Arbitration on 08/02/2016.
Arbitration analysis: On 1 September 2016, laws 382-FZ and 409-FZ (the new arbitration laws) dated 29 December 2015, will enter into force and mark the culmination of years of reform in the Russian Federation. Anna V Grishchenkova, partner with KIAP attorneys in law, discusses changes to the Russian arbitration landscape.
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In October 2014, KIAP partner Anna Grishchenkova spoke at the IBA Annual Conference at the Litigation Committee session in Tokyo. The session attracted great interest among the audience, this why its team decided to collect all the reports and materials of the experts from 50 countries and to publish a collection named “Multi-Tiered Dispute Resolution Clauses”. Anna became an editor of the sec...
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.
Background & rulings of the lower-tier courts
Victo...
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 ...
The Annual RAA conferences are becoming the largest forum on arbitration in Russia and the CIS gathering the representatives of the arbitral institutions and practitioners from all over the globe. This year the conference was very topical and focused on the contemporary challenges in arbitration related to the EU and US sanctions against Russia and the rise of Asian arbitration centers as an al...
On 25 May 2015, the Moscow Arbitrazh court (a state court) published its decision on Kyrgyzstan v Stans Energy Corp case regarding the issue of challenging of the arbitral award on 30.06.2014 (case A40-64831/2014).
A quick retrospective: Kyrgyzstan sought the annulment of the arbitral award, but the Moscow Arbitrazh Court refused the motion (the ruling on 08.07.2014). Then, the CIS...
Although Kyrgyzstan v. Stans Energy Corp is known as an investment arbitration case having been heard by the Moscow Arbitrazh (Commercial) court on the issue of setting aside the arbitral award there is something else interesting – on 12 March 2015 the court refused the motion on anti-enforcement injunctions in the case.
JSC “Kyrgyzaltyn”, not being the party neither to the i...
The public policy exception to the enforcement of arbitral awards has traditionally been applied very narrowly, for example, where a failure to vacate the award would violate the due process rights of the participants.
However a recent case illustrates the contrasting approaches of the Swedish and Russian courts in this regard. Mikhail Samoylov, Senior Associate at KIAP Attorneys a...
The Northern Sea Route (herein after referred to as “NSR”) is a strategic and important sea route. Its importance has been highlighted by many in the past and it still attracts the attention of both the shipowners and governments.
There have been conducted a significant number of studies on the NSR, most of which highlight its utmost importance for commercial shipping and call for ...
Background & court’s opinion: The claimant (Carpatsky Petroleum Corporation, USA) sought the recognition and enforcement the arbitral award rendered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) against Ukranafta (Ukraine).
The jurisdiction of a Russian court was based on the claimant’s allegation that the defendant has assets in Russia. On the contrar...