Reports and alerts

Practical Law has published an article, Commercial Court of Moscow terminates recognition and enforcement proceedings because debtor registered outside jurisdiction, authored by Maxim Kulkov and Elena Zaltser. The Commercial Court of Moscow has terminated recognition and enforcement proceedings relating to a London Court of International Arbitration (LCIA) award, reasoning that the debtor was registered in […]

Practical Law has published an Article, Russian Arbitration Association (RAA): progress update on working groups and future plans, authored by Maxim Kulkov and Sergey Lysov at KK&P. The article provides an update on the progress of the working groups established by the RAA in 2016, including the work it has achieved so far and future […]

The Russian Supreme Court has ruled that the invalidity of an underlying contract does not lead to the invalidity of an arbitration agreement contained within it. In doing so, the Supreme Court reversed the commercial and cassation court’s decisions which had both found that where the underlying contract was invalid, the arbitration agreement was also […]

Commercial Court of Moscow recognises and enforces an arbitral award without applying the New York Convention. The Russian Supreme Court has held that, where a bank is undergoing a “rehabilitation” procedure (a type of bankruptcy procedure employed to avert insolvency), any related proceedings must be brought before a commercial court, and not in arbitration. In […]

Russian Supreme Court prohibits banks undergoing a “rehabilitation” procedure from arbitrating disputes. The Russian Supreme Court has held that, where a bank is undergoing a “rehabilitation” procedure (a type of bankruptcy procedure employed to avert insolvency), any related proceedings must be brought before a commercial court, and not in arbitration. In addition, to prove the […]

Russian Ministry of Justice promulgates Regulation on establishment of permanent arbitral institutions in Russia. As part of the enactment of the recently adopted Law N 382-FZ “On Arbitration” (see Legal update, Russian President approves amendments to arbitration law), the Russian Ministry of Justice has promulgated Regulation On a Council for Development of Arbitration Laws, prescribing the […]

The Russian Arbitration Association (RAA) has established nine new working groups that have been tasked with drafting arbitration rules, standard form contracts and commentaries relating to new arbitration laws in Russia (see Legal update, Russian Parliament passes Bill on arbitration at second reading). The working groups may be divided into several categories, such as constituent […]

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 […]

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 […]

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 […]