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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Russian Constitutional Court rules on provisional application of international treaties

  Maxim Kulkov (Managing Partner) and Sergey Lysov (Senior Associate), KK&P   In a Russian Constitutional Court Ruling of 24 December 2020 “On the clarification of the Resolution of the Constitutional Court of the Russian Federation of March 27, 2012 No. 8-P regarding the review of the constitutionality of paragraph 1 of Article 23 of the […]...
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Saint-Petersburg Commercial Court denies recognition of LCIA arbitral award due to tribunal’s refusal to correct arithmetical mistake

  Maxim Kulkov (Managing partner) and Veronika Bulatova (Paralegal), KK&P   The Commercial Court of Saint-Petersburg and Leningrad Region has denied recognition of an LCIA award because of the tribunal’s refusal to correct an admitted error of computation. The claimant, Cypriot company Caledor Consulting Ltd, sought to enforce an LCIA award against a group of […]...
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Commercial Court of Astrakhan Region enforces award rendered by Russian seated SCC tribunal

Maxim Kulkov (Managing Partner), Anna Chepurnaya (Paralegal), KK&P   In Case No. А06-2352/2020, the Commercial Court of the Astrakhan Region has ruled in favour of enforcing an arbitral award rendered by a Russian seated arbitral tribunal acting under the arbitration rules of a foreign institution that does not have the status of a permanent arbitration […]...
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Moscow Commercial Court upholds arbitration despite no arbitration agreement between parties

by Practical Law Arbitration, with KK&P   In Case No. А40-264409/2019, the Moscow Commercial Court upheld the first instance court’s refusal to annul an arbitration award despite the absence of an arbitration agreement   Nikolay Pokryshkin (Partner), Olga Kokoz (Senior Associate), KK&P   The Moscow Commercial Court has refused to quash the lower court’s judgment […]...
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Russian President signs law on amendments to Russian criminal code in relation to bribery of arbitrators

  Maxim Kulkov (Managing Partner) and Sergey Lysov (Senior Associate), KK&P   On 27 October 2020, the Russian President signed Law No. 352-FZ “On Amendments to the Criminal Code of the Russian Federation and Article 151 of the Criminal Procedure Code of the Russian Federation”. The law aims, for the first time, to criminalise bribery […]...
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Russian courts demonstrate prudent approach to application of recent anti-sanctions legislation (Commercial Court of Sverdlovskiy Region)

  Maxim Kulkov (Managing Partner), Olga Kokoz (Senior Associate), KK&P   The Commercial Court of Sverdlovskaya Region has refused to hold an arbitration agreement as unenforceable on the basis of recent anti-sanctions legislation. It is the first court to render a detailed analysis of the recent legislation, which vests Russian commercial courts with exclusive jurisdiction […]...
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