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Russian Supreme Court confirms lack of impartiality and independence where counsel on institutional list of arbitrators (KK&P’s Maxim Kulkov and Kristina Aleksa for Practical Law)

In Case No. 2-3969/2016, the Supreme Court of the Russian Federation considered whether an arbitrator may represent a party in proceedings, even where that arbitrator is not appointed in those proceedings, but their name is included in the relevant institution’s list of arbitrators. The Supreme Court also considered whether the court of the first instance […]...
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GlobalArbitrationReview

Ukraine’s appeal to Russia’s Supreme Court on barring the enforcement of an investment treaty award worth US$144 million in favour of Tatneft covered by Global Arbitration Review (GAR)

The article highlights actual progression of the dispute between Tatneft and Ukraine (represented by KK&P and Winston & Strawn LLP) listed within 8 major disputes of 2017 by Kommersant and yet staying crucial for state immunity issues and thereafter for a number of other proceedings. Read on GAR: “Ukraine asks Russia’s top court to bar Tatneft enforcement” (login required)....
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Новости законодательства

Tatneft failed to recognise and enforce in Russia the arbitral award against Ukraine

Today the Moscow Commercial Court published its ruling in case No. А40-67511/2017 to terminate the proceedings initiated by Tatneft application to recognize and enforce arbitral award against Ukraine regarding Ukrtatnafta. Kulkov, Kolotilov and Partners and Winston&Strawn represented Ukraine. Previously the arbitral tribunal granted Tatneft claim to recover $144 mln damages arising out of the Russian-Ukrainian […]...
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Practical Law has published an article by Maxim Kulkov and Alexandra Chilikova

Practical Law has published an article, Moscow Commercial Court denies recognition and enforcement of an SCC award, authored by Maxim Kulkov and Alexandra Chilikova. On 16 March 2017, the Moscow Commercial Court denied recognition and enforcement of an Arbitration Institute of the Stockholm Chamber of Commerce (SCC) arbitral award issued in proceedings between an Italian […]...
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PL

New ICAC Rules enter into force

Practical Law has published an article by Maxim Kulkov and Olga Kokoz. New rules of the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry (ICAC) came into force on 27 January 2017. ICAC now are able to administer and resolve domestic commercial and sports disputes, as well as international commercial […]...
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Practical Law has published an article by Maxim Kulkov and Sergey Lysov

The Russian Supreme Court has ruled that the invalidity of an underlying contract does not lead to the invalidity of an arbitration agreement contained within it. In doing so, the Supreme Court reversed the commercial and cassation court’s decisions which had both found that where the underlying contract was invalid, the arbitration agreement was also […]...
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Practical Law has published an article by Maxim Kulkov and Elena Zaltser

Commercial Court of Moscow recognises and enforces an arbitral award without applying the New York Convention. The Russian Supreme Court has held that, where a bank is undergoing a “rehabilitation” procedure (a type of bankruptcy procedure employed to avert insolvency), any related proceedings must be brought before a commercial court, and not in arbitration. In […]...
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Practical Law updated the article by Maxim Kulkov and Sergey Lysov

Russian Supreme Court prohibits banks undergoing a “rehabilitation” procedure from arbitrating disputes. The Russian Supreme Court has held that, where a bank is undergoing a “rehabilitation” procedure (a type of bankruptcy procedure employed to avert insolvency), any related proceedings must be brought before a commercial court, and not in arbitration. In addition, to prove the […]...
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