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 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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Practical Law: Russian Supreme Court restricts insolvency creditors’ rights to appeal enforcement of awards against insolvent debtors (an update by Maxim Kulkov and Kristina Aleksa)

In case No. А32-1593/2016, a Seychelles company, Grain Export LLS, (claimant Buyer), brought a claim before the Grain and Feed Trade Association (GAFTA) against Russian RIF LLC (respondent Seller) arising under an agreement to supply corn. After the tribunal satisfied the claim, the claimant filed a motion with a Russian state court to recognise and […]...
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Practical Law: arbitration clause providing for ad hoc arbitration invalid where arbitral institution not specified (an update by Maxim Kulkov and Sergey Lysov)

The Russian Ninth Commercial Court of Appeal has ruled that an arbitration agreement, providing for ad hoc arbitration under UNCITRAL Rules in London, was invalid because it was not possible to identify particular arbitral institution to administer the dispute. The decision contradicts the position of the Supreme Commercial Court. Parties to arbitration agreements in the Russian […]...
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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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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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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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