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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Russian courts to have exclusive jurisdiction in disputes involving sanctioned entities (Russian Supreme Court)

Maxim Kulkov (Managing Partner) and Sergey Lysov (Senior Associate), KK&P In Case No А60-36897/2020, the Russian Supreme Court has issued a decision casting doubt on the enforceability of arbitration agreements entered into by sanctioned Russian parties. The approach taken by the Supreme Court means that the Russian courts have exclusive jurisdiction over all disputes with […]
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Russian Supreme Court will consider sanctioned company’s application for anti-suit injunction against SCC proceedings

Maxim Kulkov (Managing Partner), Maria Ushakova (Paralegal), KK&P Abstract: In Case No А60-36897/2020, the Deputy Chairman of the Russian Supreme Court issued a ruling, potentially casting doubt on the enforceability of arbitration agreements entered into by sanctioned Russian parties. The approach taken by the Deputy Chairman might lead to Russian courts having exclusive jurisdiction over […]
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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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