Tatneft v Ukraine: Supreme Court of the Russian Federation dismisses Ukraine’s appeal and upholds enforcement of award

Maxim Kulkov (Managing Partner), Dmitry Gloov (Associate), KK&P   In Case No. A63-15521/2018, the Supreme Court of the Russian Federation refused to consider Ukraine’s appeal to the judicial acts of courts of the North-Caucasus region granting enforcement of an investment treaty award in the well-known Tatneft v Ukraine dispute.   The Supreme Court of the Russian Federation (Supreme […]...
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Arbitrator’s removal from institution’s recommended list leads to setting aside of award (Commercial Court of Moscow)

Maxim Kulkov (Managing Partner), Sergey Lysov (Senior Associate), KK&P The Commercial Court of Moscow has set aside a Maritime Arbitration Commission award where one of the members of the tribunal was removed from the institution’s list of recommended arbitrators during the proceedings. Atlantic Hermes Shipping Limited (Atlantic), a maritime shipping company, was awarded EUR1 million […]...
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Statute of limitation deemed suspended from commencement of arbitration through enforcement, even if enforcement refused (Russian Supreme Court)

Maxim Kulkov (Managing Partner), Olga Kokoz (Associate), KK&P In Ruling No. 305-ES19-11815, the Russian Supreme Court held that where a party proceeds with an arbitration and receives an award, and where enforcement is subsequently denied, the statute of limitation will be deemed suspended from the day the arbitration commenced, up to the date of the […]...
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Russian State Duma passes draft law to give sanctioned Russian entities rights to unilaterally change dispute resolution clauses

  by Maxim Kulkov (Managing Partner), Anna Chepurnaya (paralegal), KK&P   On 24 July 2019, the Russian State Duma (the lower chamber of Parliament) passed at the first reading draft law No. 754380-7, which provides a number of remedies for sanctioned Russian entities, including a right to change dispute resolution agreements, including arbitration agreements, unilaterally. […]...
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Tatneft v Ukraine: Ukraine’s cassation appeal dismissed and enforcement of award upheld (Commercial Court of the North-Caucasus Circuit, Russian Federation)

  Maxim Kulkov (Managing Partner), Dmitry Gloov (Associate), KK&P   The Commercial Court of the North-Caucasus Circuit (Cassation Court) in the Russian Federation has upheld the Stavropol Commercial Court’s earlier judgment granting enforcement of an investment treaty award in the well-known Tatneft v Ukraine dispute. In July 2014, the UNCITRAL tribunal issued a final award […]...
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Amendments to Russian Arbitration Law

  by Maxim Kulkov (Managing Partner), Sergey Lysov (Senior Associate), Kulkov, Kolotilov & Partners   Overview On 29 March 2019, new amendments to the Russian Arbitration Law entered into force (Federal Law dated 27 December 2018 No. 531-FZ). Several significant amendments were introduced, including: Modifications to the procedure for establishing and registering Permanent Arbitral Institutions. […]...
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Arbitration clause valid despite imprecise wording, claimant’s lack of funds and claims of bias regarding arbitral institution (Ninth Appellate Commercial Court, Moscow)

Maxim Kulkov (Managing Partner) and Olga Kokoz (Associate), KK&P   The Ninth Appellate Commercial Court in Moscow has upheld a lower court’s decision to terminate court proceedings due to the existence of a valid and enforceable arbitration clause (without prejudice to the claimant’s right to go back to court on the merits of its decision […]...
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Tatneft v Ukraine: court enforces $144 million award despite Moscow court’s findings on immunity of Ukraine’s property (Stavropol Court)

by Maxim Kulkov (Managing Partner), Kristina Aleksa (Associate), KK&P   In Case No. A40-67511/2017 (Moscow), A63-15521/2018 (Stavropol), the Stavropol Commercial Court granted Tatneft’s application to recognise and enforce an investment award. On 11 March 2019, the Stavropol Commercial Court granted enforcement of an investment award against Ukraine in favour of Russian oil company Tatneft. The […]...
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Russian Supreme Court refuses recognition of award finding that import ban prevented Russian buyer from performing under contract

Maxim Kulkov (Managing Partner), Sergey Lysov (Senior Associate), KK&P In Case No. А21-4708/2018, the Supreme Court of the Russian Federation agreeing with the lower courts,   denied  recognition of an award against a Russian buyer  in light of an import ban imposed by the Russian Government. The Russian Supreme Court has agreed with lower courts and […]...
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Supreme Court of Russia clarifies arbitrability of procurement disputes

by Maxim Kulkov (Managing Partner), Kristina Aleksa (Associate), KK&P In Case Nos A12-39725/2017, #40-212856/2017, #40-158635/2017, #40-185774/2017 and #40-48734/2018, the Supreme Court of the Russian Federation rendered decisions confirming that the non-arbitrability of public procurement contracts does not affect regular procurements made by legal entities. These five decisions follow a judgment handed down in July 2018. […]...
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