Russian Constitutional Court rejects challenge to provisions establishing exclusive Russian court jurisdiction in sanctions disputes despite arbitration agreements

In Case VTB v OWH SE iL, No 999-O (Russian Constitutional Court), the Constitutional Court of Russia refused to hear a complaint against the constitutionality of articles 248.1 and 248.2 of the Russian Arbitrazh Procedure Code, which allow the Russian courts to assume exclusive jurisdiction over disputes involving sanctioned Russian parties. However, the court confirmed […]
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Commercial Court of Moscow grants interim anti-arbitration injunctions against German investor, arbitrators, counsel and PCA in ECT arbitration

In Case No А40-92702/2025, the Commercial Court of Moscow issued a series of unprecedented interim anti­arbitration injunctions, restraining a German investor – Wintershall Dea GmbH (Wintershall), its counsel, the Permanent Court of Arbitration (PCA) and the arbitrators (CP, HG and OA) from continuing an Energy Charter Treaty arbitration against the Russian Federation. The court held […]
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Russian Supreme Court tries to adjust the approach to recovery from foreign companies and their local subsidiaries

On 13 May 2025, the Supreme Court of the Russian Federation (the SC RF) published a Ruling in Case No. A40-167352/2023 (the Citi Case) motivating the cancellation of judgments of the lower courts that had previously admitted bringing Russian subsidiaries (Subsidiaries) to tort liability for their failure to fulfil contractual obligations of foreign parent companies (Foreign […]
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Russian Supreme Court overturns lower courts’ refusal to enforce arbitral award in Rosseti case

In Case No А67-3423/2024, the Russian Supreme Court ruled that the lower courts had improperly refused to enforce an RSPP-administered arbitral award in favour of PJSC Federal Grid Company-Rosseti (Rosseti) against LLC Siblesstroy. The Supreme Court held that the lower courts had overstepped their authority by reassessing the merits of the award, violating the limited […]
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Practical Law has published updated KK&P annual legal reviews

Managing Partner Maxim Kulkov and Senior Associate Luiza Movsisyan updated for Practical Law an overview of mediation and amicable settlements in arbitration and civil litigation in Russia. Annotation to the review “Mediation: Overview (Russian Federation)”: A Practice Note providing an overview of the key legal issues that need to be considered, from a Russian law […]
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Russian court recognises and enforces SIAC award in favour of Russian company despite suspension of award at the seat

In Case No А40-20468/2024, the Commercial Court of Moscow (CCM) recognised and enforced an SIAC arbitral award in favour of a Russian company despite the award being suspended at the seat of arbitration (Singapore). Maxim Kulkov (Managing partner) and Anastasiya Khalyavina (Associate), KK&P Trial Lawyers The dispute originally arose from an EPC contract between a Russia company, Machines JSC […]
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Russian court refuses to recognise and enforce SCC arbitral award resulting from well-known PESA v UralTransMash case, citing violation of public policy (Commercial Court of Sverdlovsk Region)

PESA v UralTransMash, one of the most well-known Russian cases related to the grant of anti-arbitration injunctions, has been followed up in Case No А60-24839/2024. Here, the Commercial Court of the Sverdlovsk Region (CCSR) refused to recognise and enforce an SCC arbitral award, citing some unusual grounds for applying the public policy basis for refusal […]
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Supreme Court overturns order enforcing foreign arbitration award, declaring presumption that arbitrators from “unfriendly” states lack impartiality and objectivity

In Case No А45-19015/2023, the Russian Supreme Court set aside a lower court judgment recognising and enforcing a Federation of Oils, Seeds and Fats Associations (FOSFA) arbitral award. The court ruled that the Russian party to the FOSFA proceedings was prejudiced in its access to justice due to the overseas venue of the arbitration and […]
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Institute of Modern Arbitration and Istanbul Chamber of Commerce Arbitration and Mediation Center publish atypical model arbitration clause

Maxim Kulkov (Managing partner) and Dasel Muksunova (Paralegal), KK&P Trial Lawyers On 1 July 2024, the Russian Institute of Modern Arbitration (RIMA) announced the conclusion of a co-operation agreement with the Istanbul Chamber of Commerce Arbitration and Mediation Center (ITOTAM). The main aim of the agreement is to establish an effective mechanism for alternative dispute […]
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Commercial Court of Saint Petersburg grants suite of injunctions against Hong Kong arbitration and proceedings but refuses penalties for non-compliance

In Case No А56-13299/2024, the Commercial Court of Saint Petersburg granted injunctive relief restraining the continuation of HKIAC arbitration and Hong Kong court proceedings. However, as all the relevant claims were non-monetary in nature, the St Petersburg court refused to impose financial penalties for potential non-compliance with the injunctions. Maxim Kulkov and Anastasia Khalyavina, KK&P […]
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