Arbitration in Russia

Arbitration in Russia PDF

Author: Andrey Kotelnikov

Publisher: Kluwer Law International B.V.

Published: 2019-07-03

Total Pages: 360

ISBN-13: 9403503408

DOWNLOAD EBOOK →

Although Russia has generally followed the New York Convention, the UNCITRAL Model Law and the European Convention on Arbitration since the 1990s, it was not until the reforms of 2015–2017 that arbitration in Russia became fully aligned with international commercial arbitration standards. This book by prominent Russian authorities explains the current legal landscape in the aftermath of the reforms, providing clear information and guidance to the worldwide community of arbitrators, dispute resolution practitioners and academics in the field. This book provides comprehensive coverage of current Russian law on domestic and international arbitration, addressing the stages of arbitration proceedings from the conclusion of an arbitration agreement to enforcement of foreign arbitral awards. The authors discuss the major theoretical and practical issues that have occupied the Russian courts and legal scholars over recent decades and draw parallels with other states and accepted international practices, emphasising issues that are of particular importance to foreign investors and their Russian partners. Detailed examinations include the following: regulatory sources; permanent arbitral institutions with government permission to operate; legislative provisions concerning judicial control of arbitration; arbitrability of disputes; interim measures; status of arbitrators and their powers; liability of an arbitrator; rules of evidence in arbitral proceedings; challenging arbitral awards and their enforcement; grounds for refusing enforcement of an international commercial arbitral award; grounds for setting aside of arbitral awards and their enforcement; costs and fees in arbitration; and the public policy exception. This book takes account of both the most significant Russian works on the theory of arbitration law and relevant judicial and arbitration practice. As a comprehensive guide to every aspect of international and domestic arbitration in the Russian Federation, this insightful commentary will be welcomed by legal practitioners worldwide dealing with an ongoing or contemplated arbitration or enforcement of an arbitral award in Russia. It will also serve as a point of reference providing international legal scholars, researchers and students with an authoritative explanation of the legal regulation of arbitration and the approaches adopted in Russian doctrine and legal practice.

Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States

Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States PDF

Author: Roman Zykov

Publisher: Kluwer Law International B.V.

Published: 2021-04-22

Total Pages: 572

ISBN-13: 9403532912

DOWNLOAD EBOOK →

The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English – thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world – it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.

Enforcement of Foreign Arbitral Awards in Russia

Enforcement of Foreign Arbitral Awards in Russia PDF

Author: William R. Spiegelberger

Publisher: Juris Publishing, Inc.

Published: 2014-08-01

Total Pages: 340

ISBN-13: 1937518450

DOWNLOAD EBOOK →

Enforcement of Foreign Arbitral Awards in Russia presents issues peculiar to the Russian legal system and legal culture generally. The culmination of perhaps years of arbitration, enforcement of arbitral awards is a crucial element of arbitration and a subject best not taken lightly or left to the last minute. The Enforcement of Foreign Arbitral Awards in Russia parses the judgments of Russian courts, with a particular focus on the decision-making processes of Russian judges as reflected in their judgments. The Enforcement of Foreign Arbitral Awards in Russia addresses several questions, such as: • Which Russian courts enforce awards and what are they like? • What laws, treaties, and rules apply? • How do the courts reach their decisions? • Do those courts sometimes reach anomalous conclusions? • What should an applicant for enforcement watch out for? • What are the common pitfalls? With the help of Enforcement of Foreign Arbitral Awards in Russia non-Russian readers will be able to ask intelligent questions, earlier rather than later, of the local counsel who will be making an application for enforcement in the Russian courts.

Arbitration Law of Russia

Arbitration Law of Russia PDF

Author: Roman Khodykin

Publisher: Juris Publishing, Inc.

Published: 2013-02-01

Total Pages: 328

ISBN-13: 1937518140

DOWNLOAD EBOOK →

A comprehensive review of the arbitration law and practice in Russia including: discussion of arbitration practice and procedure; an examination of the jurisdiction of the arbitral tribunal; the appointment of arbitrators including the challenge and replacement of arbitrators; an analysis of the various types of awards including a discussion on deliberations, agreements, settlements, and the costs of arbitration; a discussion on the amendment and challenge of awards including the liability of arbitrators; and, a review of the enforcement of domestic and foreign arbitration awards.

Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States

Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States PDF

Author: Roman Zykov

Publisher: Kluwer Law International

Published: 2021-04-22

Total Pages: 632

ISBN-13: 9789403532905

DOWNLOAD EBOOK →

The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English - thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world - it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.

Arbitration in CIS Countries

Arbitration in CIS Countries PDF

Author: Association for International Arbitration

Publisher: Maklu

Published: 2012

Total Pages: 296

ISBN-13: 9046605388

DOWNLOAD EBOOK →

The Commonwealth of Independent States (CIS) is a loose association of States whose participating countries are former Soviet republics. Although the CIS has few supranational powers, it is aimed at being more than a purely symbolic organization, nominally possessing coordinating powers in the realm of trade, finance, lawmaking, and security. Some of the members of the CIS have established the Eurasian Economic Community with the aim of creating a full-fledged common market. This book analyzes and discusses the current trend of arbitral practice in CIS countries and deals in detail with various facets which promote and inhibit arbitration. The text has been authored by highly proficient arbitration professionals who address the intricacies associated with arbitration practice in CIS countries. It considers the general policy of CIS countries towards arbitration by providing recommendations to non-CIS parties choosing arbitration in CIS countries and paying special attention to the general policy towards arbitration in Russia, Ukraine, and Kazakhstan. Further, the book focuses on specific issues in arbitration in CIS countries, namely arbitrability of corporate and real estate disputes, bribery, and arbitration in Russia; interim measures at the stage of recognition and enforcement of international arbitral awards in Ukraine; and recognition and enforcement of arbitral awards annulled in the forum state (with reference to Russia). Finally, it elaborates on sector-specific arbitration, namely investment disputes at the SCC involving parties from CIS countries, arbitration in the energy sector involving parties from CIS countries, and CIS experience in the WTO dispute settlement. It will be regarded as a unique guide to arbitration in CIS countries and is a real must for everyone working with CIS countries.

Russian business law: the essentials

Russian business law: the essentials PDF

Author:

Publisher: Litres

Published: 2022-05-15

Total Pages: 552

ISBN-13: 504035682X

DOWNLOAD EBOOK →

This publication is intended to provide you with accurate and authoritative information concerning the subject matter covered. However, this publication is not a substitute for the advice of an attorney. If you require a legal or other expert advice, you should seek the services of a competent attorney or other professional.

Enforcing Foreign Arbitral Awards Against Russian Entities

Enforcing Foreign Arbitral Awards Against Russian Entities PDF

Author: Kaj Hobér

Publisher:

Published: 1994

Total Pages: 274

ISBN-13:

DOWNLOAD EBOOK →

Arbitration of disputes involving Russian entities has increased significantly since the breakup of the Soviet Union. Kaj Hober, with his expertise in Russian & Swedish arbitration & legal systems, guides you through the procedural framework for enforcement of awards as well as all the practical considerations. With this one handy reference, you can secure your judgment & do business with confidence.

Bribery and Russia-Related Arbitration

Bribery and Russia-Related Arbitration PDF

Author: Yarik Kryvoi

Publisher:

Published: 2014

Total Pages: 0

ISBN-13:

DOWNLOAD EBOOK →

This Article highlights the problem of bribery in resolving commercial disputes with Russian parties and shows how bribery can potentially affect arbitration proceedings. Russia's accession to the OECD Anti-bribery Convention prompted a number of legislative changes, which strengthened criminals and administrative liability for bribery offences. However, the civil law consequences of bribery remain the same - contracts concealing bribery are void as a matter of Russian law. There is no clear answer under Russian law as to validity of contracts procured by means of bribery. Russian law as well as laws of other jurisdictions recognise the concept of separability of arbitration agreement. In other words, even if the underlying contract is void or terminated, the arbitration agreement in most cases remains in force and allows a tribunal to assert jurisdiction. In theory, if bribery affected the contract, that could also lead to a refusal to enforce such award as contrary to public policy. But in practice, this is unlikely to happen because domestic courts are usually reluctant to reconsider the merits of arbitral awards in most jurisdictions.