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.
Development of merger control procedures | Denis Gavrilov, Kirill Nagorskiy for "Russian competition law and economy"
In article authors present their analysis of key changes in antitrust legislation which are proposed today in sphere of merger control regime and share with their own view on these changes, including with comparison with foreign antirust legislation.
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.
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.
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.