Moscow Commercial Court upholds arbitration despite no arbitration agreement between parties

by Practical Law Arbitration, with KK&P   In Case No. А40-264409/2019, the Moscow Commercial Court upheld the first instance court’s refusal to annul an arbitration award despite the absence of an arbitration agreement   Nikolay Pokryshkin (Partner), Olga Kokoz (Senior Associate), KK&P   The Moscow Commercial Court has refused to quash the lower court’s judgment […]
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Russian President signs law on amendments to Russian criminal code in relation to bribery of arbitrators

  Maxim Kulkov (Managing Partner) and Sergey Lysov (Senior Associate), KK&P   On 27 October 2020, the Russian President signed Law No. 352-FZ “On Amendments to the Criminal Code of the Russian Federation and Article 151 of the Criminal Procedure Code of the Russian Federation”. The law aims, for the first time, to criminalise bribery […]
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Russian courts demonstrate prudent approach to application of recent anti-sanctions legislation (Commercial Court of Sverdlovskiy Region)

  Maxim Kulkov (Managing Partner), Olga Kokoz (Senior Associate), KK&P   The Commercial Court of Sverdlovskaya Region has refused to hold an arbitration agreement as unenforceable on the basis of recent anti-sanctions legislation. It is the first court to render a detailed analysis of the recent legislation, which vests Russian commercial courts with exclusive jurisdiction […]
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Russian President signs law on exclusive jurisdiction of Russian commercial courts in disputes involving sanctioned Russian entities

  by Maxim Kulkov (managing partner), Olga Kokoz (senior associate), Anna Chepurnaya (paralegal), KK&P   On 8 June 2020, the Russian President signed a federal law that vests Russian commercial courts with exclusive jurisdiction over disputes involving sanctioned Russian entities. The law also allows commercial courts to issue anti-suit injunctions in relation to proceedings against sanctioned […]
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Guidelines issued to HKIAC and VIAC on the arbitral administration of corporate disputes in Russia

  by Maxim Kulkov (Managing Partner), Olga Kokoz (Senior Associate), KK&P   The Russian Council for the Improvement of Arbitral Procedure has issued clarifications regarding certain disputed issues of Russian arbitration law in response to a joint written request by HKIAC and VIAC, which was addressed to it in February 2020.   The Russian Council for […]
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General authority to conclude contract includes authority to sign arbitration agreement (Supreme Court of the Russian Federation)

  by Maxim Kulkov (Managing Partner), Sergey Lysov (Senior Associate), KK&P   In Case No. А40-154780/2019, the Supreme Court of the Russian Federation held that a representative’s general authority to conclude a contract is sufficient to include authority to sign an arbitration agreement.   The Russian Supreme Court has confirmed that general authority granted to […]
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Russian arbitration institutions arrangements due to COVID-19

  by Maxim Kulkov (Managing Partner), Olga Kokoz (Senior Associate), KK&P   Russian arbitration institutions have responded to the restrictive measures due to the 2019 novel coronavirus disease (COVID-19).   The 2019 novel coronavirus disease (COVID-19) is affecting arbitral institutions around the world and the Russian arbitral institutions have responded with amended regimes. The Russian […]
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Russian Supreme Court denies enforcement of domestic award rendered under guise of foreign arbitration center

by Maxim Kulkov (Managing Partner), Anna Chepurnaya (Paralegal), KK&P   In case A27-5147/2019, the Russian Supreme Court refused enforcement of an arbitral award rendered as an ad hoc award and administered by a foreign institution because it found evidence that the arbitration was domestic and that the institution was purporting to be a foreign institution. […]
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