Professional responsibility of Russian lawyers is a long-standing matter. Recently, in addition to domestic ethics the legal community has been maintaining debates on ethical challenges in international commercial arbitration (“ICA”). For Russia, it looks as a discussion of particulars of creati… »
Jane Colston, Brown Rudnick, London
Olga Bischof, Brown Rudnick, London
Cameron Moxley, Brown Rudnick, New York
Anna Grishchenkova, KIAP, Moscow
In the United Kingdom, the governing Conservative Party has promised not to withdraw from … »
When asked what the buzz is in Russia — what lawyers are talking about at the moment — KIAP Partner Anna Grishchenkova laughs. “Of course lawyers always talk about money,” she says.
Turning serious, Grishchenkova reports that, at least for her and her fellow litigators, “the t… »
Anna Grishchenkova, partner at KIAP attorneys at law, interviewed Sarah Grimmer, new Secretary General of HKIAC, during IBA annual conference in Washington
Sarah Grimmer was appointed Secretary General of HKIAC on 1 September 2016.
Sarah has more than 14 years of ex… »
The Russian Supreme Court recently rendered a decision declaring disputes on challenging agreements with banks in a special financial situation, called by lawyers – “troubled” banks, as non-arbitrable [Bank Trust v. Fosint Ltd., decision dated 16 August 2016 number 305-ЭС16-4051] (“Trust case”). … »
For more than 15 years, Dr. Manfred Heider has been the Secretary General of the Vienna International Arbitral Centre (VIAC), one of the most reputable and popular arbitral institutions in the world.
Partner of litigation and international arbitration practice of KIAP Anna Grishc… »
First published on Lexis®PSL Arbitration on 08/02/2016.
Arbitration analysis: On 1 September 2016, laws 382-FZ and 409-FZ (the new arbitration laws) dated 29 December 2015, will enter into force and mark the culmination of years of reform in the Russian Federation. Anna V Grishchenkova, pa… »
In October 2014, KIAP partner Anna Grishchenkova spoke at the IBA Annual Conference at the Litigation Committee session in Tokyo. The session attracted great interest among the audience, this why its team decided to collect all the reports and materials of the experts from 50 countries and to pu… »
On 29th July 2015 the Supreme Court of Russia reveals the decision on the issue whether or not a court grants the recognition and enforcement of an arbitral award against a debtor who is in the process of liquidation or the arbitral award should be conferred initially in accordance with special … »
On 7 May 2015 the Russian Government proposed a draft new law, the law on domestic arbitration in Russian Federation (the draft law), to the State Duma (the lower house of the Federal Assembly of Russia (legislature)). Domestic Arbitration is defined as an arbitration relating to a dispute arisi… »
The Annual RAA conferences are becoming the largest forum on arbitration in Russia and the CIS gathering the representatives of the arbitral institutions and practitioners from all over the globe. This year the conference was very topical and focused on the contemporary challenges in arbitration … »
On 25 May 2015, the Moscow Arbitrazh court (a state court) published its decision on Kyrgyzstan v Stans Energy Corp case regarding the issue of challenging of the arbitral award on 30.06.2014 (case A40-64831/2014).
A quick retrospective: Kyrgyzstan sought the annulment of the arbitra… »
Although Kyrgyzstan v. Stans Energy Corp is known as an investment arbitration case having been heard by the Moscow Arbitrazh (Commercial) court on the issue of setting aside the arbitral award there is something else interesting – on 12 March 2015 the court refused the motion on anti-enforcement… »
The public policy exception to the enforcement of arbitral awards has traditionally been applied very narrowly, for example, where a failure to vacate the award would violate the due process rights of the participants.
However a recent case illustrates the contrasting approaches of t… »
The Northern Sea Route (herein after referred to as “NSR”) is a strategic and important sea route. Its importance has been highlighted by many in the past and it still attracts the attention of both the shipowners and governments.
There have been conducted a significant number of stu… »
Background & court’s opinion: The claimant (Carpatsky Petroleum Corporation, USA) sought the recognition and enforcement the arbitral award rendered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) against Ukranafta (Ukraine).
The jurisdiction of a Russian … »
In June 2013, Russian President Vladimir Putin unexpectedly announced the creation of a new ’super’ Russian Supreme Court that would merge the Supreme Commercial (Arbitrazh) Court and the Supreme Court. In this article, Mikhail Samoylov, senior associate at KIAP Attorneys at Law, discusses some o… »
The claimant challenged an arbitration clause alleging the following: the arbitration agreement (clause) is contrary to the concept of the impartiality and independence of arbitrators because the arbitration tribunal, which the parties had chosen as forum for dispute resolution arising from the c… »
Background & court’s opinion: The claimant challenged a domestic arbitral award dated 21.12.2005. The claimant indicated the following arguments: 1) the arbitration agreement was not concluded; 2) the claimant was not notified of the arbitration; 3) He got both the information about the arbit… »
The Supreme Commercial (Arbitrazh) Court of Russia clarified recently whether or not a notification of arbitration is effective if it is received by a parent company rather than a subsidiary company who is the proper party to the arbitral proceedings. Mikhail Samoylov, Senior Associate at KIAP At… »