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 […]
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Russian court upholds interim measures against assets of defendants’ subsidiaries (Commercial Court of the North-Western District)

In Case No A56-129797/2022, a Russian cassation court maintained interim measures imposed on the Russian assets of a corporate group, including the defendants’ subsidiaries, to ensure the effective enforcement in Russia of any future judgment. Maxim Kulkov (Managing Partner) and Anastasiya Khalyavina (Junior Associate), KK&P The Commercial Court of the North-Western District (Cassation Court) has […]
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Practical Law has published KK&P annual legal reviews

Managing partner Maxim Kulkov and Associate Luiza Movsisyan prepared 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 perspective, […]
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Thirteenth Commercial Court of Appeal confirms Russian courts’ long-standing position that the imposition of sanctions is sufficient, by itself, for the Russian courts to assume exclusive jurisdiction

In Case No A56-82244/2022, the Thirteenth Commercial Court of Appeal cancelled a recent decision of the Saint Petersburg Commercial Court in which that court had ruled that the mere existence of sanctions was not an unconditional ground for applying article 248.1 of the Russian Commercial Procedural Code providing for the exclusive competence of Russian courts. […]
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Commercial Court of the Yamalo-Nenets Autonomous District accepts sanctions restrictions as grounds for freezing injunction in support of future arbitration claim

In Case No A81-7665/2023, the Commercial Court of the Yamalo-Nenets Autonomous District arrested the assets of a US oilfield services company’s local subsidiary in support of a future ICC arbitration. The arrest was required due to sanctions restrictions and, as a consequence, the subsidiary’s withdrawal from the Russian market. Maxim Kulkov (Managing Partner) and Anastasiya […]
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Non-sanctioned party has right to prove that a sanctioned party faces no obstacles to access to justice in foreign proceedings (Commercial Court of Moscow)

In Case No A40-228223/2022, concerning a dispute over a prohibition to initiate and continue arbitration abroad against a sanctioned party, the Commercial Court of Moscow stated that the second party to the dispute is entitled to prove that there is no obstacle to access to justice for the sanctioned party. Maxim Kulkov (Managing Partner) and […]
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SCC tribunal’s refusal to adjourn or suspend arbitration proceedings restricted sanctioned entity’s access to justice (Commercial Court of the Tyumen Region)

Maxim Kulkov (Managing Partner) and Anastasiya Khalyavina (Paralegal), KK&P In Case No A70-26488/2022, the Commercial Court of the Tyumen Region in Russia prohibited arbitration proceedings at the SCC Arbitration Institute from continuing where one of the parties was a Russian sanctioned legal entity. The court held that the tribunal’s refusal to adjourn or suspend the […]
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Commercial Court of Moscow accepts jurisdiction over dispute on a contract containing arbitration agreement due to sanctions against one party

Maxim Kulkov (Managing Partner) and Sergey Lysov (Senior Associate), KK&P In Case No А40-264063/22, the Commercial Court of Moscow considered a claim relating to the termination of a contract containing an arbitration agreement. The court established that it had exclusive jurisdiction, despite the arbitration agreement, due to the existence of sanctions imposed against a Russian […]
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Practical Law: Russian Ministry of Justice proposals likely to increase regulation of arbitration activity and introduce a blocklist of ad hoc arbitrators

On 14 June 2022, the Russian Ministry of Justice (MOJ) published a draft Bill to amend Russian arbitration regulation, the first major reform of arbitration law since 2017. Maxim Kulkov (Managing Partner) and Andrey Chaika (Paralegal), KK&P The Russian Ministry of Justice (MOJ) has published draft Federal Law on the Amendments to the Federal Law […]
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