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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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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
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Practical Law has published an article by Maxim Kulkov and Alexandra Chilikova

Practical Law has published an article, Moscow Commercial Court denies recognition and enforcement of an SCC award, authored by Maxim Kulkov and Alexandra Chilikova. On 16 March 2017, the Moscow Commercial Court denied recognition and enforcement of an Arbitration Institute of the Stockholm Chamber of Commerce (SCC) arbitral award issued in proceedings between an Italian […]
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New ICAC Rules enter into force

Practical Law has published an article by Maxim Kulkov and Olga Kokoz. New rules of the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry (ICAC) came into force on 27 January 2017. ICAC now are able to administer and resolve domestic commercial and sports disputes, as well as international commercial […]
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Practical Law has published an article by Maxim Kulkov and Sergey Lysov

Practical Law has published an article, Russian Arbitration Law 2016: key issues by Maxim Kulkov and Sergey Lysov. This article examines the key issues arising under the Russian Arbitration Law which came into force on 1 September 2016. On 29 December 2015, the Russian President, Vladimir Putin, signed the new Laws N 382­FZ “On Arbitration” and […]
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