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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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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