On 19 April 2023, the Judicial Department of the Russian Supreme Court published court statistics for 2022. According to the statistics, the amount of damages recovered from top managers has grown more than 10 times, while the number of lawsuits filed and claims sustained remains the same. Specifically, in 2022, more than RUB 165bn was recovered in damages (versus RUB 3.8bn in 2021 and less than RUB 1bn in 2020).
Despite the difficult year 2022, the workload in the legal business has not decreased, but the specifics have changed.
On April 12, 2022, bill No. 104796-8 on the external management in companies with foreign participation that intend to suspend or terminate their activities in Russia (hereinafter referred to as the Bill) was submitted for consideration by the State Duma.
Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States is the first full-scale commentary in English that aims at analysing the application of the New York Convention in Russia.
On April 6, 2020, the Russian Government introduced a moratorium on bankruptcy of debtors, companies and sole traders, who are most hit by the coronavirus pandemic: lenders shall be prohibited from filing bankruptcy claims against such debtor.
As the pandemic spreads, and states adopt restrictive measures, companies will become unable to fulfill their contractual obligations. Under such circumstances, applicability of force majeure rules in each case becomes of paramount importance. It is important to make correct legal qualification from the very outset, and to take all the necessary steps in order to subsequently be able to refer to force majeure, including the collection of evidence in case of a subsequent dispute.
This article explores, using arbitrazh proceedings as an example, causes and effects of attaching special evidentiary significance to forensic examination findings due primarily to strictly prescribed procedural form of how research is to be conducted and that an expert is able to provide explanations on the questions that a court is unable to answer on its own.
The Year in Review presents a survey of important political and legal developments in international law that occurred during 2018, prepared by knowledgeable members of the Section of International Law, working through its Committees with expertise focused on substantive, geographic and affinity perspectives.
Lex Mundi's Litigation, Arbitration and Dispute Resolution Practice Group is pleased to announce that a new Global Arbitration Guide is now available.
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.
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.
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.
EPAM has represented publicly owned joint-stock company Alviz, subsidiary to the Beluga Group, in an intellectual property rights dispute against LLC Shampanskiye Vina.
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.