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 rule on whether Russian courts have jurisdiction to hear enforcement cases where a foreign respondent has assets located in Russia.
Russian Federation: OJSC Tatneft v Ukraine
A decision on jurisdictional issues in Case No. A40-6049/2017 (Tatneft PJSC v Ukraine) is expected in the second half of 2018. An investment treaty award was issued in favour of Russian oil company, Tatneft, which applied to enforce the award. Previously, the Commercial Court of Moscow held that Ukraine had not consented to waive state immunity and also that Tatneft PJSC had not identified any assets in Russia against which to levy execution (the assets identified were diplomatic premises). However, the decision was overturned by the Cassation Court, which sent the dispute for a new trial. In June 2018, the Moscow Commercial Court transferred Tatneft PJSC’s petition to the Commercial Court of the Stavropol Krai. The court considered that there are no Ukrainian assets subject to enforcement in Moscow but that the respondent owns immovable property in the Stavropol Krai.
The full text of the article (Practical Law Arbitration: What to expect in the second half of 2018) can be found here: https://uk.practicallaw.thomsonreuters.com/Document/I9fb5fd016df111e8a5b3e3d9e23d7429/View/FullText.html