Practical Law has published updated KK&P annual legal reviews

Managing Partner Maxim Kulkov and Senior Associate Luiza Movsisyan updated for Practical Law an overview of mediation and amicable settlements in arbitration and civil litigation in Russia. Annotation to the review “Mediation: Overview (Russian Federation)”: A Practice Note providing an overview of the key legal issues that need to be considered, from a Russian law […]
In detail

Russian court recognises and enforces SIAC award in favour of Russian company despite suspension of award at the seat

In Case No А40-20468/2024, the Commercial Court of Moscow (CCM) recognised and enforced an SIAC arbitral award in favour of a Russian company despite the award being suspended at the seat of arbitration (Singapore). Maxim Kulkov (Managing partner) and Anastasiya Khalyavina (Associate), KK&P Trial Lawyers The dispute originally arose from an EPC contract between a Russia company, Machines JSC […]
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Russian court refuses to recognise and enforce SCC arbitral award resulting from well-known PESA v UralTransMash case, citing violation of public policy (Commercial Court of Sverdlovsk Region)

PESA v UralTransMash, one of the most well-known Russian cases related to the grant of anti-arbitration injunctions, has been followed up in Case No А60-24839/2024. Here, the Commercial Court of the Sverdlovsk Region (CCSR) refused to recognise and enforce an SCC arbitral award, citing some unusual grounds for applying the public policy basis for refusal […]
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Supreme Court overturns order enforcing foreign arbitration award, declaring presumption that arbitrators from “unfriendly” states lack impartiality and objectivity

In Case No А45-19015/2023, the Russian Supreme Court set aside a lower court judgment recognising and enforcing a Federation of Oils, Seeds and Fats Associations (FOSFA) arbitral award. The court ruled that the Russian party to the FOSFA proceedings was prejudiced in its access to justice due to the overseas venue of the arbitration and […]
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Institute of Modern Arbitration and Istanbul Chamber of Commerce Arbitration and Mediation Center publish atypical model arbitration clause

Maxim Kulkov (Managing partner) and Dasel Muksunova (Paralegal), KK&P Trial Lawyers On 1 July 2024, the Russian Institute of Modern Arbitration (RIMA) announced the conclusion of a co-operation agreement with the Istanbul Chamber of Commerce Arbitration and Mediation Center (ITOTAM). The main aim of the agreement is to establish an effective mechanism for alternative dispute […]
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Commercial Court of Saint Petersburg grants suite of injunctions against Hong Kong arbitration and proceedings but refuses penalties for non-compliance

In Case No А56-13299/2024, the Commercial Court of Saint Petersburg granted injunctive relief restraining the continuation of HKIAC arbitration and Hong Kong court proceedings. However, as all the relevant claims were non-monetary in nature, the St Petersburg court refused to impose financial penalties for potential non-compliance with the injunctions. Maxim Kulkov and Anastasia Khalyavina, KK&P […]
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Russian court rules that party’s affiliation to arbitral institution not a ground to refuse enforcement of award (Commercial Court of the Moscow Circuit)

In Case No A40-70269/2023, the Commercial Court of the Moscow Circuit considered whether the fact that one of the parties to an arbitration was affiliated to the arbitral institution, under whose rules the proceeding was conducted, constituted a reason to refuse enforcement of the resulting award. The court held it did not, finding that the […]
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Commercial Court of Saint Petersburg grants anti-arbitration injunction and imposes penalty for non-compliance

In Case No А56-16212/2024, the Commercial Court of Saint Petersburg granted an injunction prohibiting the continuation of an ad hoc arbitration seated in Stockholm, and imposed a penalty in the event the injunction is not complied with. Maxim Kulkov (Managing Partner) and Susanna Papoyan (Paralegal), KK&P The Commercial Court of Saint Petersburg (Court) has granted […]
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Commercial Court of Moscow confirms possibility of granting anti anti-suit injunction

In Case No A40-197598/2023, the Commercial Court of Moscow granted an injunction prohibiting the continuation of a SIAC arbitration, in which, in turn, the opponent party sought to prohibit proceedings in a Russian court in breach of an arbitration agreement Maxim Kulkov (Managing Partner) and Anastasiya Khalyavina (Junior Associate), KK&P The Commercial Court of Moscow […]
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Russian court confirms availability of anti-suit injunction as interim measure (Commercial Court of St Petersburg and the Leningrad District)

In Case A56-103943/2023, the Commercial Court of St Petersburg and the Leningrad District granted an anti-suit injunction as an interim measure while the resolution of an application for a permanent anti-suit injunction against proceedings in Hong Kong and at the HKIAC remained pending. Maxim Kulkov (Managing Partner) and Anastasiya Khalyavina (Junior Associate), KK&P The Commercial […]
In detail