Russian Supreme Court rules on explicit consent to arbitration agreement and applicability of estoppel theory – update for Practical Law by Maxim Kulkov and Sergey Lysov

The Judicial Chamber of Economic Disputes of the Russian Supreme Court has ruled that a company is not bound by an arbitration agreement which was concluded on its behalf by a person acting on a general power of attorney and having no special authority to do so. A state enterprise Izhvodokanal (claimant) requested the Commercial […]
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Commercial Court of Russian North-Western region disregards approach of Constitutional Court and denies enforcement of arbitral award

Maxim Kulkov (Managing Partner) and Elena Zaltser (Associate), KK&P On 14 March 2016, the Commercial Court of North-Western region refused to enforce an arbitral award finding that the dispute was not arbitrable as it involved real estate ownership and therefore, was of a public nature. A dispute arose between an individual entrepreneur (seller) and a […]
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The Commercial Court of Kemerovo region confirms validity of hybrid dispute resolution clause under Russian law

Maxim Kulkov (Managing Partner) and Elena Zaltser (Associate), KK&P. On 15 March 2015, the Commercial Court of Kemerovo region confirmed the validity of an arbitration agreement and issued a writ of execution for an arbitral award. The dispute arose between several oil companies and a bank. The parties’ dispute resolution clause provided for the submission […]
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Stans Energy and Kutisay unsuccessfuly challenge Commercial Court of Moscow decision

In Case No. А4064831/14, the Commercial Court of Moscow Region (the Court of Cassation) considered an appeal by Stans Energy and Kutisay Mining challenging the Commercial Court of Moscow’s decision to set aside an award between Stans Energy Corporation (Canada) and Kutisay Mining LLC, and the Kyrgyz Republic. Maxim Kulkov (Partner) and Elena Zaltser (Associate), KK&P Speedread […]
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Liquidation of award debtor no obstacle to enforcement of arbitral award (Russian Supreme Court)

In Case No. 310ES155564, the Judicial Chamber of the Supreme Court of the Russian Federation considered whether the fact that an award debtor was subject to insolvency proceedings prevented enforcement of an arbitral award against it. Maxim Kulkov (Partner) and Elena Zaltser (Associate), KK&P The Judicial Chamber of the Supreme Court of the Russian Federation (Supreme Court) […]
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?Russian Supreme Court upholds lower courts’ decisions vacating arbitral award due to lack of arbitration agreement with Kyrgyz Republic

In Case No. А4064831/14, a judge of the Russian Supreme Court considered whether to allow an appeal of the decisions of the Cassation Court and Moscow Commercial Court setting aside an arbitral award rendered in favour of Stans Energy against Kyrgystan. Dmitry Vlasov (Associate), KK&P Speedread A judge of the Russian Supreme Court has recently refused […]
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Stans Energy and Kutisay unsuccessfuly challenge Commercial Court of Moscow decision

In Case No. А4064831/14, the Commercial Court of Moscow Region (the Court of Cassation) considered an appeal by Stans Energy and Kutisay Mining challenging the Commercial Court of Moscow’s decision to set aside an award between Stans Energy Corporation (Canada) and Kutisay Mining LLC, and the Kyrgyz Republic. Maxim Kulkov (Partner) and Elena Zaltser (Associate), KK&P Speedread […]
In detail

Liquidation of award debtor no obstacle to enforcement of arbitral award (Russian Supreme Court)

In Case No. 310ES155564, the Judicial Chamber of the Supreme Court of the Russian Federation considered whether the fact that an award debtor was subject to insolvency proceedings prevented enforcement of an arbitral award against it. Maxim Kulkov (Partner) and Elena Zaltser (Associate), KK&P The Judicial Chamber of the Supreme Court of the Russian Federation (Supreme Court) […]
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?Russian Supreme Court upholds lower courts’ decisions vacating arbitral award due to lack of arbitration agreement with Kyrgyz Republic

In Case No. А4064831/14, a judge of the Russian Supreme Court considered whether to allow an appeal of the decisions of the Cassation Court and Moscow Commercial Court setting aside an arbitral award rendered in favour of Stans Energy against Kyrgystan. Dmitry Vlasov (Associate), KK&P Speedread A judge of the Russian Supreme Court has recently refused […]
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Russian Supreme Court upholds the validity of optional dispute resolution clause

This article considers Case No. A621635/2014, in which the Chamber on Economic Disputes of the Supreme Court of Russia (Russian Supreme Court) considered the validity of an optional dispute resolution clause. Dmitry Vlasov (Senior Associate), KK&P Optional dispute resolution clauses, also called hybrid clauses, provide for one method of dispute resolution (litigation or arbitration) but also allow […]
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