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Recognition and enforcement of foreign judgments in Russia
Recognition and enforcement of foreign judgments in Russia
RECENT TRENDS I. Introduction II. Brief Note on the Legal Grounds for Recognition and Enforcement of Foreign Judgments and Foreign Arbitral Awards A. Basic Grounds for Recognition and Enforcement of Foreign Judgments B. Basic Grounds for Recognition a… »
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The competence of arbitral tribunals under the moscow con-vention on protection of the rights of the investor
Arbitration analysis: In the recent Russian cases Kyrgzstan vs Lee John Bek (№ А40-19518/14) and Kyrgyzstan vs Stans Energy Corp (№ А40-64831/14) the Claimant State sought the revision of an arbitral tribunal's interim award on grounds that it lacked competence. Although the Moscow Arbitrazh Cour… »
Conferences Review Notes. The resolution of disputes at the London Court of International Arbitration (LCIA): practical aspects
Conferences Review Notes. The resolution of disputes at the London Court of International Arbitration (LCIA): practical aspects
This article is an overview of the seminar organized on March 21, 2014 in Moscow by KIAP, Attorneys at Law, in cooperation with the LCIA. During the discussion participants considered a draft of the new LCIA Rules, the practical aspects of the submission of applications and consideration of cases… »
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A step in the right direction - Russia’s proposed regulation of bribery in arbitration
Corruption has been a feature of human existence for thousands of years; it is considered ‘an insidious plague’ (Kofi A. Annan), which has a destructive impact on both states and societies. Unfortunately, both international commercial arbitration and Russian domestic arbitration can be tainted by… »
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The future for arbitration in Russia
On 24 April 2014, the Russian Arbitration Association (RAA) held a conference entitled, ’Future for arbitration in Russia’. The speakers, and those attending, attempted to answer the question whether or not there is a future for arbitration in Russia or whether that time has been lost forever. … »
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Impartiality and independence of party-affiliated arbitral institutions in Russia
It is accepted that the impartiality and independence of arbitrators are cornerstones of arbitration. Pursuant to art 12(1) of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), any arbitrator may be challenged if there are circumstances that give rise to justifiable … »
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Supreme Commercial (Arbitrazh) Court of Russia upholds pathological ICC arbitration clause (Bosch v Avtosped)
Last year, the Supreme Commercial (Arbitrazh) Court of Russia upheld a pathological arbitration clause that, although specifying that the parties’ disputes were to be resolved pursuant to the ICC Arbitration Rules, was silent on the parties’ choice of administering institution. In his latest arti… »
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Enforcement of award at risk if punitive damages disproportionate (Federal Grid Company JSC v FNK Engineering LLC)
Arbitration analysis: In April 2013, the Supreme Commercial (Arbitrazh) Court of Russia ruled that any punitive damages claimed for breach of contract must be proportionate to the value of the contract (or part thereof) or else an application for enforcement of an arbitral award ordering the paym… »
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The doctrine of the «piercing the corporate veil»
In a number of cases previously considered by the commercial courts, the plaintiffs tried to prove that the government, for instance of Moscow region, was responsible for breach of agreement conditions in cases when the government was not a party to an agreement but such an agreement was conclude… »
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The Russian Arbitration Association: what you need to know
The Russian Arbitration Association (RAA) was officially established in May 2013, with the principle aim of improving Russia’s standing as a forum for both domestic and international commercial arbitration. In this article, Mikhail Samoylov, Senior Associate at KIAP Attorneys at Law, discuss… »

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