Insights

Capital Transferring to Foreign Jurisdictions: Risk of Criminal Proceedings in Russia

The Russian media is increasingly aware of the news about the initiation of criminal prosecution by enforcement agencies against the top management of large companies due to the qualification of their actions of transferring capital to foreign jurisdictions as illegal (especially in countries with special conditions for doing business for foreign companies).

The Guide to Challenging and Enforcing Arbitration Awards - Russia. GAR Know-How | by Dmitry Dyakin, Evgeny Raschevsky, Dmitry Kaysin, Maxim Bezruchenkov and Veronika Lakhno

Dmitry Dyakin, Evgeny Raschevsky, Dmitry Kaysin, Maxim Bezruchenkov and Veronika Lakhno became the authors of the Russia chapter for the first edition of The Guide to Challenging and Enforcing Arbitration Awards, Know-how section of GAR.

Commercial Arbitration - Russia. GAR Know-How | by Evgeny Raschevsky, Dmitry Dyakin, Dmitry Kaysin and Victor Radnaev

Evgeny Raschevsky, Dmitry Dyakin, Dmitry Kaysin and Victor Radnaev became the authors of the Commercial Arbitration Russia chapter for the Know-how section of GAR.

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.

Russian Chapter for ICLG: Employment & Labour Laws and Regulations 2019 | Anna Ivanova & Olga Tyangaeva

Anna Ivanova and Olga Tyangaeva became the authors of the International Comparative Legal Guide (ICLG) to: Employment and Labour Laws and Regulations 2019.

Cross-Border Disputes | Law.com publishes EPAM research findings

In the summer of 2018, EPAM jointly with Pravo.ru website conducted a poll amongst in-house lawyers and external counsel.

Lex Mundi Global Arbitration Guide – Russia | by Ilya Nikiforov, Olga Tsvetkova, Mikhail Samoylov, and Veronika Lakhno

Lex Mundi's Litigation, Arbitration and Dispute Resolution Practice Group is pleased to announce that a new Global Arbitration Guide is now available.

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.

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.

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.

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.

Russia to Establish New Register of Ships Owned by Foreign Companies

On August 3, 2018 the Russian President signed the Federal Law which provides for establishing effective January 31, 2019 of the Russian Open Register of Ships to register ships that are owned not only by Russian companies and individuals but by foreign ones as well.

Employment Record Retention Guidance Note for Russia | contribution to DataGuidance by Anna Ivanova

Head of Employment Law Practice at EPAM Anna Ivanova provided some comments as part of Employment Record Retention Guidance Note for Russia.

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.