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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Maxim Kulkov is the author of a chapter on mediation in the book Dispute resolution in Russia: the essentials

Dispute resolution in Russia: the essentials is a collection of articles in English written by leading Russian experts in the field of dispute resolution. The book was published in Russia under the editorship of Dmitry Dedov and Alexander Molotnikov. Maxim Kulkov, managing partner of KK&P and Executive Director of Unified Mediation Services at the RSPP, […]...
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ICC requests Russian Supreme Court to consider validity of its standard arbitration clause

By Maxim Kulkov (Managing Partner), Sergey Lysov (Associate), KK&P   The International Chamber of Commerce (ICC) has filed a request with the Russian Supreme Court to clarify why the court is not satisfied with the ICC standard arbitration clause (the text of the request is not available). On 25 April 2018, the Commercial Court of […]...
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Russian Arbitration Association creates new working groups, including on investment arbitration

Maxim Kulkov (Managing Partner), Kristina Aleksa (Associate), KK&P The Russian Arbitration Association (RAA) is one of the leading associations that unites legal practitioners and academics for cooperation and development of arbitration in Russia. Since 2017, the RAA has had observer status in the UNCITRAL Working Groups II and III. On 3 November 2018, the RAA […]...
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Commencement of bankruptcy proceedings against respondent renders award unenforceable (Commercial Court of Moscow Region)

By Maxim Kulkov (Managing Partner), Sergey Lysov (Associate), KK&P   In Case No. A40-108783/18, the Commercial Court of Moscow Region refused to enforce an arbitral award because bankruptcy proceedings had been commenced against the respondent.  Logika, a Russian company within the Air Liquid Group, brought a claim before the International Commercial Arbitration Court at the […]...
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Practical Law: enforcing award against state-owned strategic enterprise does not violate public policy (Moscow Commercial Court)

In case No. A40-148306/2018, the Moscow Commercial Court granted enforcement of an arbitral award issued against a stateowned strategic enterprise, despite arguments on the subjective non-arbitrability of the dispute, unfair consequences of sanctions and the perspective threat to public interest. Part of space technology corporation MacDonald, Dettwiler and Associates (Canada) (MDA) brought a claim before […]...
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Practical Law: Russian procurement disputes with state-owned companies are arbitrable (Russian Supreme Court) – an update by Maxim Kulkov and Sergey Lysov

The Russian Supreme Court has held that procurement disputes involving state-owned entities are arbitrable. Recent amendments to Russian arbitration law introduced provisions stipulating that disputes arising out of public procurement contracts concluded with state bodies (that is, contracts aimed at securing state and municipal needs) are not arbitrable. Although there is no such limitation on […]...
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Practical Law Arbitration has published an international review on what to expect in international arbitration in the second half of 2018 with the section on the Russian Federation having been prepared by KK&P

Russian Federation: arbitrability of procurement disputes and enforcement Two important decisions can be expected from the Russian Supreme Court this year. In Case А40-165680/2016, the court will decide whether disputes arising out of procurement contracts concluded with state-owned companies are arbitrable under Russian law. In July 2018, in Case А40-118786/2017, the court is expected to […]...
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Practical Law: Reference to ICC Rules not enough for survival of arbitration agreement (Commercial Court of the Moscow Region) – an update by Maxim Kulkov and Sergey Lysov

The Commercial Court of the Moscow Region recently dismissed an application for enforcement of an ICC award on the basis that reference to an institution in the arbitration agreement is not enough to confer jurisdiction on a tribunal operating under that institution’s rules. The arbitration agreement between Dredging and Maritime Management SA (Dredging) and AO […]...
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Practical Law: Russian Supreme Court dismisses application to set aside an arbitral award against a state funded entity on public policy grounds (an update by Maxim Kulkov and Alexandra Chilikova)

A Russian employer, Zvesdny Hotel JSC, (the Employer) brought a claim before the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (the ICAC) against a Hungarian contractor, Polus TFC LLC, (Contractor) arising under an agreement for the construction of a hotel in Sochi for the Olympic games. After […]...
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