Enforcement of Foreign Arbitral Awards in Russia
Author(s):
ISBN:
978-1- 937518-45-5
Page Count:
340 pages
Published:
August, 2014
Practice Areas:
Jurisdictions:
Enforcement of Foreign Arbitral Awards in Russia presents issues peculiar to the Russian legal system and legal culture generally. The culmination of perhaps years of arbitration, enforcement of arbitral awards is a crucial element of arbitration and a subject best not taken lightly or left to the last minute. The Enforcement of Foreign Arbitral Awards in Russia parses the judgments of Russian courts, with a particular focus on the decision-making processes of Russian judges as reflected in their judgments.
The Enforcement of Foreign Arbitral Awards in Russia addresses several questions, such as:
• Which Russian courts enforce awards and what are they like?
• What laws, treaties, and rules apply?
• How do the courts reach their decisions?
• Do those courts sometimes reach anomalous conclusions?
• What should an applicant for enforcement watch out for?
• What are the common pitfalls?
With the help of Enforcement of Foreign Arbitral Awards in Russia non-Russian readers will be able to ask intelligent questions, earlier rather than later, of the local counsel who will be making an application for enforcement in the Russian courts.
PDF of Title Page and T.O.C.
Preface
Abbreviations
Note on Translation
Introduction
A. The Commercial Court Branch
B. The Commercial Courts of Subjects of the Russian Federation
C. The Appellate Commercial Courts
D. The Commercial Courts of the Circuits
E. The Supreme Court of the Russian Federation
A. The Code of Procedure of the Commercial Court
B. The ICA Law and NY Convention
C. The NY Convention: Russian Peculiarities
D. The European Convention
E. The Kiev Treaty
F. The Minsk Convention
G. The Moscow Convention
H. An Exemplary Case
A. Forged Signature
B. Signature Authority
C. Faulty Arbitration Clause
D. Amendment to Arbitration Clause
E. Assignment of Right to Arbitrate
F. Contract Brokered by Email
G. Expired Contract
H. Branch Office Lacking Capacity
A. Mutual Legal Assistance Treaties
B. The Hague Service Convention
C. The Kiev Treaty
D. CPCC Articles 244(1)(2) and 242(3)(3)
E. Partial Notice
F. Authority to Accept Notice
G. Burden of Proof
H. Email Notice
I. Inability to Attend Hearing
A. Scope of Damages
B. Appendix to Contract
C. Related Contracts
A. Appointing Authority
B. Objection to Procedure
C. Acquiescence in Deviation
A. ICC Rule (1998) 28(6)
B. Belarusian Law
C. Burden of Proof
D. Cost Award
E. Conservatory Measures
F. Partial Setting Aside
A. Legal Framework: Non-Arbitral Matters
B. Russian Law of Mandatory Application
A. Legislative Pronouncements
B. Informational Letter No. 156
C. Prior Russian Judgment Invalidating Contract: The "Russian Defense"
D. Symmetric Optional Dispute Resolution Clause
E. Asymmetric Optional Dispute Resolution Clause
F. No Liability without Fault
G. Joint Marital Property
H. Bankrupt Debtor Party
I. Typographical Error in Award
J. Bad Faith and Unconscionable Conduct
K. Damages in Non-Russian Currency
L. Forged Contract
M. Liquidated Damages and Interest
Afterword
Appendices
Index
William R. Spiegelberger is Director of the International Practice Department at Rusal Global Management B.V. in Moscow (since 2007), where he manages, among other things, the corporate group's major litigations and arbitrations outside the CIS states. He was formerly Co-Head of the Disputes Group at White & Case LLC in Moscow (2003-7), associate in the litigation department of Milbank, Tweed, Hadley & McCloy LLP in New York (1998-2003), and associate in the arbitration and litigation group of White & Case LLP in New York and Paris (1994-1997). An author of several articles on arbitration and international legal practice, he holds a J.D. degree from Columbia Law School and is a member of the National Advisory Council of the Harriman Institute at Columbia University in New York.
"This book will undoubtedly become the reference of first resort for practitioners as it answers key questions about modern Russian case law relating to the enforcement of foreign awards and provides expert analysis of hundreds of Russian cases. Nothing has remained hidden from the critical eye of the author, who has played a leading role for the past ten years as legal counsel and strategist in many high-profile disputes involving some of Russia's largest companies and most prominent businessmen. The material is presented in a logical and easily accessible format."
--Evgeny Raschevsky, Partner, Egorov Puginsky Afanasiev & Partners
“Navigating through the intricacies of enforcement of enforcement processes in Russia is quite literally impossible without the guidance of this treatise. The wealth of Spigelberger’s treatise lies in its appendices, which comprise a collection of arbitration conventions and laws in force in Russia, as well as a table of cases granting or denying enforcement for the period 2003-2013, together with a table of enforcement rates set out by year, type of award and defence(s) pleaded to enforcement.”
--Asian Dispute Review, January 2015
Author/Editor Detail:
William R. Spiegelberger is Director of the International Practice Department at Rusal Global Management B.V. in Moscow (since 2007), where he manages, among other things, the corporate group's major litigations and arbitrations outside the CIS states. He was formerly Co-Head of the Disputes Group at White & Case LLC in Moscow (2003-7), associate in the litigation department of Milbank, Tweed, Hadley & McCloy LLP in New York (1998-2003), and associate in the arbitration and litigation group of White & Case LLP in New York and Paris (1994-1997). An author of several articles on arbitration and international legal practice, he holds a J.D. degree from Columbia Law School and is a member of the National Advisory Council of the Harriman Institute at Columbia University in New York.
Reviews:
"This book will undoubtedly become the reference of first resort for practitioners as it answers key questions about modern Russian case law relating to the enforcement of foreign awards and provides expert analysis of hundreds of Russian cases. Nothing has remained hidden from the critical eye of the author, who has played a leading role for the past ten years as legal counsel and strategist in many high-profile disputes involving some of Russia's largest companies and most prominent businessmen. The material is presented in a logical and easily accessible format."
--Evgeny Raschevsky, Partner, Egorov Puginsky Afanasiev & Partners
“Navigating through the intricacies of enforcement of enforcement processes in Russia is quite literally impossible without the guidance of this treatise. The wealth of Spigelberger’s treatise lies in its appendices, which comprise a collection of arbitration conventions and laws in force in Russia, as well as a table of cases granting or denying enforcement for the period 2003-2013, together with a table of enforcement rates set out by year, type of award and defence(s) pleaded to enforcement.”
--Asian Dispute Review, January 2015
Table of Contents:
PDF of Title Page and T.O.C.
Preface
Abbreviations
Note on Translation
Introduction
A. The Commercial Court Branch
B. The Commercial Courts of Subjects of the Russian Federation
C. The Appellate Commercial Courts
D. The Commercial Courts of the Circuits
E. The Supreme Court of the Russian Federation
A. The Code of Procedure of the Commercial Court
B. The ICA Law and NY Convention
C. The NY Convention: Russian Peculiarities
D. The European Convention
E. The Kiev Treaty
F. The Minsk Convention
G. The Moscow Convention
H. An Exemplary Case
A. Forged Signature
B. Signature Authority
C. Faulty Arbitration Clause
D. Amendment to Arbitration Clause
E. Assignment of Right to Arbitrate
F. Contract Brokered by Email
G. Expired Contract
H. Branch Office Lacking Capacity
A. Mutual Legal Assistance Treaties
B. The Hague Service Convention
C. The Kiev Treaty
D. CPCC Articles 244(1)(2) and 242(3)(3)
E. Partial Notice
F. Authority to Accept Notice
G. Burden of Proof
H. Email Notice
I. Inability to Attend Hearing
A. Scope of Damages
B. Appendix to Contract
C. Related Contracts
A. Appointing Authority
B. Objection to Procedure
C. Acquiescence in Deviation
A. ICC Rule (1998) 28(6)
B. Belarusian Law
C. Burden of Proof
D. Cost Award
E. Conservatory Measures
F. Partial Setting Aside
A. Legal Framework: Non-Arbitral Matters
B. Russian Law of Mandatory Application
A. Legislative Pronouncements
B. Informational Letter No. 156
C. Prior Russian Judgment Invalidating Contract: The "Russian Defense"
D. Symmetric Optional Dispute Resolution Clause
E. Asymmetric Optional Dispute Resolution Clause
F. No Liability without Fault
G. Joint Marital Property
H. Bankrupt Debtor Party
I. Typographical Error in Award
J. Bad Faith and Unconscionable Conduct
K. Damages in Non-Russian Currency
L. Forged Contract
M. Liquidated Damages and Interest
Afterword
Appendices
Index