SCC tribunal’s refusal to adjourn or suspend arbitration proceedings restricted sanctioned entity’s access to justice (Commercial Court of the Tyumen Region)

Maxim Kulkov (Managing Partner) and Anastasiya Khalyavina (Paralegal), KK&P In Case No A70-26488/2022, the Commercial Court of the Tyumen Region in Russia prohibited arbitration proceedings at the SCC Arbitration Institute from continuing where one of the parties was a Russian sanctioned legal entity. The court held that the tribunal’s refusal to adjourn or suspend the […]...
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Commercial Court of Moscow accepts jurisdiction over dispute on a contract containing arbitration agreement due to sanctions against one party

Maxim Kulkov (Managing Partner) and Sergey Lysov (Senior Associate), KK&P In Case No А40-264063/22, the Commercial Court of Moscow considered a claim relating to the termination of a contract containing an arbitration agreement. The court established that it had exclusive jurisdiction, despite the arbitration agreement, due to the existence of sanctions imposed against a Russian […]...
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Practical Law: Russian Ministry of Justice proposals likely to increase regulation of arbitration activity and introduce a blocklist of ad hoc arbitrators

On 14 June 2022, the Russian Ministry of Justice (MOJ) published a draft Bill to amend Russian arbitration regulation, the first major reform of arbitration law since 2017. Maxim Kulkov (Managing Partner) and Andrey Chaika (Paralegal), KK&P The Russian Ministry of Justice (MOJ) has published draft Federal Law on the Amendments to the Federal Law […]...
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Russian courts to have exclusive jurisdiction in disputes involving sanctioned entities (Russian Supreme Court)

Maxim Kulkov (Managing Partner) and Sergey Lysov (Senior Associate), KK&P In Case No А60-36897/2020, the Russian Supreme Court has issued a decision casting doubt on the enforceability of arbitration agreements entered into by sanctioned Russian parties. The approach taken by the Supreme Court means that the Russian courts have exclusive jurisdiction over all disputes with […]...
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Russian Supreme Court will consider sanctioned company’s application for anti-suit injunction against SCC proceedings

Maxim Kulkov (Managing Partner), Maria Ushakova (Paralegal), KK&P Abstract: In Case No А60-36897/2020, the Deputy Chairman of the Russian Supreme Court issued a ruling, potentially casting doubt on the enforceability of arbitration agreements entered into by sanctioned Russian parties. The approach taken by the Deputy Chairman might lead to Russian courts having exclusive jurisdiction over […]...
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Russian Supreme Court upholds enforcement of SCC award rendered by tribunal seated in Russia

  Maxim Kulkov (Managing partner), Dmitry Vlasov (Senior Associate), Nikita Chernyshenko (Paralegal)   In Resolution No 306-ES21-5440, the Russian Supreme Court upheld the enforcement of an SCC arbitral award that was rendered by a Russia-seated tribunal even though the SCC does not have “permanent arbitral institution” status in Russia.   The facts of this case […]...
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Russian Supreme Court dismisses sanctioned company’s application for anti-suit injunction against SCC proceedings

  Maxim Kulkov (Managing partner) and Alexandra Borisova (Associate)   In Case No A60-36897/2020, the Russian Supreme Court upheld lower court judgments that refused a sanctioned claimant’s application for an anti-suit injunction under new anti-sanction laws.   The Russian Supreme Court has upheld lower court judgments that refused a sanctioned claimant’s application for an anti-suit […]...
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Russian Supreme Court upholds setting aside of award for violating principles of fairness and proportionality, and basis of liability for damages

  Maxim Kulkov (Managing Partner), Olga Kokoz (Senior Associate), KK&P   In Case No. А40-46243/2019, the Russian Supreme Court agreed with the lower courts in setting aside an arbitration award on the merits, finding that the principle of fairness, and the culpable nature of liability, had been violated. It also held that the amount of damages […]...
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Commercial Court of Moscow rules in favour of enforceability of arbitration agreement providing for resolution of dispute by “Swiss International Arbitration Court”

  Maxim Kulkov (Managing Partner) and Sergey Lysov (Senior Associate), KK&P   Claimant, spice manufacturer VAN HEES GmbH, filed a claim in the Commercial Court of Moscow against Russian LLC “Stolitsa Vurst” (respondent) under a supply contract. The contract provided for resolution of disputes by “the Swiss International Arbitration Court in accordance with Swiss law”. […]...
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