Russian President signs law on exclusive jurisdiction of Russian commercial courts in disputes involving sanctioned Russian entities

  by Maxim Kulkov (managing partner), Olga Kokoz (senior associate), Anna Chepurnaya (paralegal), KK&P   On 8 June 2020, the Russian President signed a federal law that vests Russian commercial courts with exclusive jurisdiction over disputes involving sanctioned Russian entities. The law also allows commercial courts to issue anti-suit injunctions in relation to proceedings against sanctioned […]...
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Guidelines issued to HKIAC and VIAC on the arbitral administration of corporate disputes in Russia

  by Maxim Kulkov (Managing Partner), Olga Kokoz (Senior Associate), KK&P   The Russian Council for the Improvement of Arbitral Procedure has issued clarifications regarding certain disputed issues of Russian arbitration law in response to a joint written request by HKIAC and VIAC, which was addressed to it in February 2020.   The Russian Council for […]...
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Global Restructuring Review published an article by KK&P on peculiarities of aircraft leasing and airline insolvency under Russian law

The authors – Nikolay Pokryshkin, KK&P partner and head of insolvency practice, Dmitry Vlasov, senior associate, and Anastasiya Shkvarova, associate, – consider specifics of aircraft leasing and airline insolvency in Russia (a case-study based on the Transaero bankruptcy case), the issues covered range from a characterisation and complex assessment of claims arising out of lease […]...
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General authority to conclude contract includes authority to sign arbitration agreement (Supreme Court of the Russian Federation)

  by Maxim Kulkov (Managing Partner), Sergey Lysov (Senior Associate), KK&P   In Case No. А40-154780/2019, the Supreme Court of the Russian Federation held that a representative’s general authority to conclude a contract is sufficient to include authority to sign an arbitration agreement.   The Russian Supreme Court has confirmed that general authority granted to […]...
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Russian arbitration institutions arrangements due to COVID-19

  by Maxim Kulkov (Managing Partner), Olga Kokoz (Senior Associate), KK&P   Russian arbitration institutions have responded to the restrictive measures due to the 2019 novel coronavirus disease (COVID-19).   The 2019 novel coronavirus disease (COVID-19) is affecting arbitral institutions around the world and the Russian arbitral institutions have responded with amended regimes. The Russian […]...
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Olga Kokoz for Kluwer Arbitration Blog: Is There Room for Sanctions in Public Policy? Opposite Approaches in The Recent Case Law of the Ukrainian Supreme Court

KK&P Senior Associate Olga Kokoz analyses how, within the space of one month, the Ukrainian Supreme Court rendered contrasting judgments on whether or not sanctions may serve as a ground to deny enforcement of an international commercial arbitration award. The media pressure on the relevant judgements is taken into account. The full text of the […]...
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Russian Supreme Court denies enforcement of domestic award rendered under guise of foreign arbitration center

by Maxim Kulkov (Managing Partner), Anna Chepurnaya (Paralegal), KK&P   In case A27-5147/2019, the Russian Supreme Court refused enforcement of an arbitral award rendered as an ad hoc award and administered by a foreign institution because it found evidence that the arbitration was domestic and that the institution was purporting to be a foreign institution. […]...
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Arbitrator’s exclusion from recommended list does not constitute ground to invalidate award (Supreme Court of the Russian Federation)

  by Maxim Kulkov (Managing Partner), Sergey Lysov (Senior Associate), KK&P   In Case No. А40-153265/19, the Supreme Court of the Russian Federation confirmed that exclusion of one of the members of the tribunal from an institution’s list of recommended arbitrators did not lead to invalidation of an award.   The Russian Supreme Court confirmed […]...
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Sanctioned Russian entity may unilaterally amend dispute resolution clause (Ninth Appellate Commercial Court, Moscow)

  Maxim Kulkov (Managing Partner) and Olga Kokoz (Senior Associate), KK&P   In Case A40-149566/2019, the Ninth Appellate Commercial Court (Moscow) upheld a lower court’s decision to grant an application to replace an ICC arbitration clause with a Russian state court jurisdiction clause due to US sanctions.   The Ninth Appellate Commercial Court in Moscow […]...
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Supreme Court of Russian Federation adopts new Plenum Resolution clarifying the functions of state courts in relation to arbitration

  by Maxim Kulkov (Managing Partner), Anna Chepurnaya (paralegal), KK&P   On 10 December 2019, the Plenum of the Supreme Court of the Russian Federation adopted Resolution No. 53 “On performing of assistance and control functions in relation to domestic arbitration and international commercial arbitration by the courts of the Russian Federation”.   The Plenum of the Supreme […]...
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