Published by Natalia Kisliakova, Peter Stewart.
The Russian doping scandal has been in the headlines since 2014 when German television channel, RTL, broadcast a documentary (the RTL Documentary) concerning the alleged existence of a doping regime within the All-Russia Athletics Federation… »
If I were asked to select three top tips for advocacy in Russia and eastern Europe, I would choose the following:
dering the influence of the first impression;
and remembering the ‘IKEA’ effect.
In short, these can be used – albeit with some… »
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… »
There are few members of the international community currently less popular than Russia. The opprobrium directed at Vladimir Putin for annexing Crimea earlier this year was redoubled in July with the downing of flight MH17 over Ukraine, an attack believed to have been carried out by pro-Russia se… »
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… »
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… »
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… »
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… »
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.
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 … »
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… »
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… »
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… »
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… »