Reports and alerts

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 […]

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 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) […]

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 […]

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 […]