Private Antitrust Litigation in the Russian Federation: Overview | by Evgeny Bolshakov, Denis Gavrilov, Maria Kuznetsova and Igor Gavrilov; Thomson Reuters PRACTICAL LAW
The Q&A provides a high level overview of the legal basis for bringing private antitrust litigation actions; parties to an action; limitation periods and forum; standard of proof and liability; costs and timing; pre-trial applications and hearings; alternative dispute resolution; settlement or discontinuance of an action; proceedings at trial; available defences; available remedies; appeals and proposed legislative reform.
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.
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.
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.
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.
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.
Egorov Puginsky Afanasiev & Partners has represented publicly owned joint-stock company Alviz, subsidiary to the Beluga Group, in an intellectual property rights dispute against LLC Shampanskiye Vina.