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13 December 2018

Lex Mundi Global Anti-Corruption Compliance Guide - Russia | by Elena Novikova

The past decade has seen a significant increase in the implementation and enforcement of anti-corruption legislation around the world. Whether your team is implementing a company-wide anti-corruption compliance code or advising management on a proposed overseas investment, it is imperative that legal functions within organizations understand how relevant anti-corruption laws apply to and inform the way in which they conduct their business. arrow

22 November 2018

Application of the New York Convention in Russia - RAA Study | Mikhail Samoylov and Natalia Andreeva analyzed cases from 2012

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York) celebrates its 60th anniversary in 2018 (“Convention”). Since its inception, 159 Contracting States have joined the Convention. The USSR ratified the Convention on 22 November 1960. The Russian Federation, as a successor of the USSR, continues to be a Contracting State. arrow

19 October 2018

International investment court: to be or not to be? | article by Dmitry Kaysin and Maria Demina, “Journal of foreign legislation and comparative law” #4(71) 2018

In recent years, the criticism of the existing form of examining investment disputes with states has increased significantly. Its source is not only states that are dissatisfied with the results of consideration and awarded multi-million compensations, but also arbitrators who directly resolve such disputes within the framework of international arbitration. The article presents an analysis of proposals for reforming the system of international investment arbitration, primarily the creation of a supranational investment court, both within the framework of the UNCITRAL activities, and within the framework of the European Commission’s initiatives. arrow

3 October 2018

RAA40 Newsletter September 2018 | EPAM Associates contributed to issue

The eighth issue of RAA40 Newsletter was released at the ABA’s 10th Annual Moscow Conference on the Resolution of International Business Disputes and RAA40 seminar ‘A pre-appointment interview of a potential arbitrator: how far is too far?’ on the eve of the Conference. arrow

9 July 2018

Supreme Court of the Russian Federation, Judicial Board on Economic Disputes, Case No 307-ES17-640 (A56-13914/2016), 12 July 2017 | Mikhail Samoylov, Yearbook Commercial Arbitration 2018

The Supreme Court upheld the decisions below that the arbitration clause in a supply contract was not incapable of being performed because the claimant lacked the means for paying the SCC registration fee (its request of arbitration had been dismissed pursuant to the SCC Rules after its request for deferral of payment of the fee had been denied). In general, lack of means on the side of the claimant does not preclude arbitration. arrow

11 May 2018

Cooperation not tension | Maria Demina, Intellectual Property Magazine

Associate Maria Demina reviews whether competition law may assist policymakers in remedying patent law flaws. arrow

15 March 2018

Russian chapter for IBA Arbitration Guide | Ilya Nikiforov, Victor Radnaev, Olga Tsvetkova and Mikhail Samoylov

How prevalent is the use of arbitration in your jurisdiction? What are seen as the principal advantages and disadvantages of arbitration? Arbitration is the prevailing dispute resolution mechanism for disputes arising in connection with international commercial contracts, but has only limited application in domestic transactions. Reportedly less than one per cent of domestic disputes are resolved through arbitration. arrow

23 January 2018

Supreme Court of the Russian Federation, 30 May 2017, Case No. A60-12039/2016 | Mikhail Samoylov, Yearbook Commercial Arbitration 2017

The Supreme Court reversed the decisions of the lower courts, which had referred the parties to arbitration. The Court confirmed that an arbitration agreement may be concluded by reference to a separate document containing an arbitration clause. However, there was no valid agreement here: the arbitration provision in the RIPE NCC (Réseaux IP Européens Network Coordination Centre) Standard Service Agreement, which governs disputes between the RIPE and its members, did not apply to a dispute between members. arrow

24 November 2017

When “One Belt One Road” project disputes arise, who will resolve them? | Evgeny Raschevsky, Practical Law Arbitration Blog

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15 November 2017

Data Protection in the Health & Pharmaceutical Sector in Ukraine | contribution to DataGuidance by Viktoriya Podvorchanska

In 2010, Ukraine ratified the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data 1981 (“the Data Protection Convention”). Further to such ratification, in 2011 the Law of 1 June 2010 No. 2997-VI on Personal Data Protection (“the Personal Data Protection Law”) was enacted to become the cornerstone of national data protection legislation. arrow

13 October 2017

Getting the Deal Through: Shipping 2018 | Alexey Karchiomov and Yulia Beliakova, Russian Overview

Senior Associate Alexey Karchiomov and Associate Yulia Beliakova have become the authors of Russian Overview for Getting the Deal Through: Shipping 2018. arrow

5 October 2017

Where are the success stories of business resisting corruption? | Orest Stasyuk , Compliance Periscope

According to the surveys from previous years, majority of around one hundred participating companies reported that they have faced corruption while working in Ukraine (81% in 2016 and 88% in 2015). Here is the slide from ACC’s last report showing the most widespread forms of corruption: It is safe to assume that most of the participants encountered at least one of the above-mentioned types of graft during the recent years. arrow

19 June 2017

Anti-corruption framework under construction in Ukraine | contribution to IBA Anti-Corruption Committee Update by Sergiy Grebenyuk and Orest Stasiuk

Ukraine has, for the past few decades, suffered from widespread corruption. The country has been consistently listed towards the bottom end of Transparency International’s Corruption Perceptions Index, and those appointed to enforce anti-corruption laws have themselves been among the worst offenders. Cases which have emerged have focused almost exclusively upon low level officials, and convictions have been few and far between. So much so, offenders have hitherto operated with almost complete impunity. arrow

12 May 2017

GCR Know how – Information Exchange 2017 – Russia Chapter | by Evgeny Bolshakov and Oksana Akhmedova

The information exchange, as such, is not prohibited by the effective Russian Federal Law On Protection of Competition (the Competition Law or Law), but the content of the information exchange between business entities and its consequences are important. Generally, a confirmed exchange of any commercially important information (about prices, production volumes, etc) may be treated as showing that there is an anticompetitive arrangement between companies that will be qualified as a cartel, if the information is exchanged between competitors and if the exchange agreement has resulted in variation of prices, lowering the number of market players or gaining a competitive advantage (article 11 of the Competition Law). arrow

13 March 2017

Application of the New York Convention to Foreign Judgments: Analysis of the Wrong Approach of Russian Courts | by Mikhail Samoylov

Although the New York Convention is applicable to the recognition and enforcement of foreign arbitral awards, the Convention has a parallel application in Russia — judges employ the Convention for the recognition and enforcement of foreign judgments. arrow

 

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