Practical Law: Reference to ICC Rules not enough for survival of arbitration agreement (Commercial Court of the Moscow Region) – an update by Maxim Kulkov and Sergey Lysov

The Commercial Court of the Moscow Region recently dismissed an application for enforcement of an ICC award on the basis that reference to an institution in the arbitration agreement is not enough to confer jurisdiction on a tribunal operating under that institution’s rules. The arbitration agreement between Dredging and Maritime Management SA (Dredging) and AO […]
In detail

Practical Law: Russian Supreme Court dismisses application to set aside an arbitral award against a state funded entity on public policy grounds (an update by Maxim Kulkov and Alexandra Chilikova)

A Russian employer, Zvesdny Hotel JSC, (the Employer) brought a claim before the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (the ICAC) against a Hungarian contractor, Polus TFC LLC, (Contractor) arising under an agreement for the construction of a hotel in Sochi for the Olympic games. After […]
In detail

Practical Law: Russian Supreme Court restricts insolvency creditors’ rights to appeal enforcement of awards against insolvent debtors (an update by Maxim Kulkov and Kristina Aleksa)

In case No. А32-1593/2016, a Seychelles company, Grain Export LLS, (claimant Buyer), brought a claim before the Grain and Feed Trade Association (GAFTA) against Russian RIF LLC (respondent Seller) arising under an agreement to supply corn. After the tribunal satisfied the claim, the claimant filed a motion with a Russian state court to recognise and […]
In detail

Practical Law: arbitration clause providing for ad hoc arbitration invalid where arbitral institution not specified (an update by Maxim Kulkov and Sergey Lysov)

The Russian Ninth Commercial Court of Appeal has ruled that an arbitration agreement, providing for ad hoc arbitration under UNCITRAL Rules in London, was invalid because it was not possible to identify particular arbitral institution to administer the dispute. The decision contradicts the position of the Supreme Commercial Court. Parties to arbitration agreements in the Russian […]
In detail

Practical Law: Russian Supreme Court confirms claims concerning transfer or use of public property are not arbitrable and contrary to public policy (by Maxim Kulkov and Alexandra Chilikova)

The Supreme Court of the Russian Federation, reversing decisions of the lower courts, denied enforcement of an award granting foreclosure on a mortgaged municipal property, noting also that claims concerning the transfer or use of public property are not arbitrable. You may find the link to the original text here or download the pdf of […]
In detail

Russian Supreme Court confirms lack of impartiality and independence where counsel on institutional list of arbitrators (KK&P’s Maxim Kulkov and Kristina Aleksa for Practical Law)

In Case No. 2-3969/2016, the Supreme Court of the Russian Federation considered whether an arbitrator may represent a party in proceedings, even where that arbitrator is not appointed in those proceedings, but their name is included in the relevant institution’s list of arbitrators. The Supreme Court also considered whether the court of the first instance […]
In detail

Practical Law publishes KK&P’s commentary by Maxim Kulkov and Sergey Lysov to The Russian Supreme Court’s approach on repeated consideration by tribunal of dispute arising from same contract

Repeated consideration by tribunal of dispute arising from same contract contradicts Russian public policy Maxim Kulkov (Managing Partner) and Sergey Lysov (Associate), KK&P The Russian Supreme Court has ruled that recognition and enforcement of an award rendered in a dispute arising from a contract that was previously subject to arbitration proceedings between the same parties […]
In detail

KK&P’s Maxim Kulkov and Sergey Lysov contribute to Practical Law on the problem of rejection of series of Ukrainian awards by Commercial Court of Moscow on “public policy” basis construed too flexibly

In the update Maxim Kulkov and Sergey Lysov pay their attention to Russia’s overly wide interpretation of the public policy principle set in Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) being expanded with checking the existence of corporate approval in the transactions by Russian state courts. You may find […]
In detail

KK&P team have contributed to Practical Law

Maxim Kulkov and Alexey Chernykh have prepared comprehensive reviews of mediation institutions and settlement agreements in commercial and civil proceedings in Russia for Practical Law. The reviews relate to cross-border Dispute Resolution which is one of KK&P’s key expertise. The reviews are available at the following links: Settlements https://kkplaw.ru/files/settlement.pdf Mediation https://kkplaw.ru/files/meditation.pdf
In detail