Reports and alerts

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 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 […]

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

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 […]

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 […]

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 […]

Practical Law has published an article, Commercial Court of Moscow terminates recognition and enforcement proceedings because debtor registered outside jurisdiction, authored by Maxim Kulkov and Elena Zaltser. The Commercial Court of Moscow has terminated recognition and enforcement proceedings relating to a London Court of International Arbitration (LCIA) award, reasoning that the debtor was registered in […]

Practical Law has published an Article, Russian Arbitration Association (RAA): progress update on working groups and future plans, authored by Maxim Kulkov and Sergey Lysov at KK&P. The article provides an update on the progress of the working groups established by the RAA in 2016, including the work it has achieved so far and future […]

The Russian Supreme Court has ruled that the invalidity of an underlying contract does not lead to the invalidity of an arbitration agreement contained within it. In doing so, the Supreme Court reversed the commercial and cassation court’s decisions which had both found that where the underlying contract was invalid, the arbitration agreement was also […]

Commercial Court of Moscow recognises and enforces an arbitral award without applying the New York Convention. 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 […]