Post-Hearing Issues In International Arbitration - Chapter 12 - Recognition and Enforcement of Foreign Arbitral Awards in the Russian Federation
Vladimir Khvalei is a partner in the Moscow office of Baker & McKenzie and heads the firm's CIS Dispute Resolution Practice Group. Mr. Khvalei has wide experience participating in litigation in Russia, Kazakhstan, Belarus and Ukraine, as well as in international arbitration cases in accordance with the arbitration rules of the ICAC, UNCITRAL, ICC, SCC and other arbitration institutions. His practice focus includes international arbitration, litigation. Mr. Khvalei is a Vice-President of the ICC International Court of Arbitration. Mr. Khvalei is also included on the list of arbitrators of the arbitration institutions in Austria, Russia, Belarus, Kazakhstan and Dubai; he is a Chairman of the Arbitration Commission of the Russian National Committee of the ICC, a Vice-Chair of the IBA Arbitration Committee and a Member of the Board of the International Arbitration Court at the Belarusian Chamber of Commerce and Industry. He is also a member of the Polish Arbitration Association, the Austrian Arbitration Association and the Member of a Board of the Ukrainian Arbitration Association. Mr. Khvalei is included on the list of tutors, examiners and assessors of the Chartered Institute of Arbitrators. The PLC Which lawyer? 2009 ranks Mr. Khvalei as the only leading lawyer in Dispute Resolution in Russia; PLC Which Lawyer? Yearbook 2009 and Legal 500 EMEA 2009 and 2010 recommend Mr. Khvalei as a recognized and "hugely respected" specialist in Dispute Resolution in Russia. He is also included into The International Who's Who of Commercial Arbitration 2009 Yearbook. Chambers Global 2009, 2010 and 2011 rank Mr. Khvalei in band 1 and stresses that he is "an outstanding litigator" who has extensive experience in litigation and international commercial arbitration”; Chambers Europe 2011 says that Mr. Khvalei "is universally respected as one of the best international arbitration specialists". Mr. Khvalei graduated with a degree in law from the Belarusian State University in Minsk in 1992. Mr. Khvalei speaks Russian, English, Belarusian and Polish.
Jonas Benedictsson is head of the Disputes group in the Stockholm office. He has tried cases in all major courts in Sweden, including the six courts of appeal and the Supreme Court. He has also acted as counsel and advocate in numerous domestic arbitrations and is frequently appointed as arbitrator in commercial disputes, both domestic and international. Mr. Benedictsson has been lead counsel and advocate in more than sixty international arbitration cases under various institutional bodies such as the ICC, LCIA, the Zurich Chamber of Commerce, the Geneva Chamber of Commerce, the Hong Kong International Arbitration Center, SIAC and the Stockholm Chamber of Commerce. He has acted as lead counsel and advocate in ad hoc arbitrations in Sweden, Denmark, Finland, Germany, Switzerland and Austria. He has also acted as co-counsel in a number of arbitration cases in various other parts of the world. In his capacity as counsel and advocate he has acted in and rendered advice on arbitral disputes arising out of or concerning matters pertaining to more than 20 different countries. He clerked and served as a judge in various District Courts in Sweden and in the Court of Appeal in Gothenburg from 1984-1987. During 1987-1990, he worked at the law firm Landahl & Bauer. He joined Baker & McKenzie in 1991. Mr. Benedictsson has been the editor of numerous in-house publications such as Arbitration in Sweden, International Commercial Arbitration Directory and Litigation in Europe. He has been the contributing editor for Sweden to the periodical international arbitration web publication Arbitration by International Law Offices in cooperation with the International Bar Association. Mr. Benedictsson is a frequent speaker at various seminars around the world on litigation and arbitration matters. He has been ranked and listed by Legal Business, Legal 500 and various other publications as a highly recommended trial lawyer. In 2011 and 2012 he was appointed winner by ILO for Sweden of the Client Choice Award for arbitration. Mr. Benedictsson graduated from the University of Stockholm (LL.M. juris kandidat, 1983). He is a member of the Swedish Bar Association since 1990. He is co-founder of Introitus, a mentoring programme for young law students at various law faculties in Sweden.
The Russian court system consists of the Constitutional Court of the Russian Federation, the courts of general jurisdiction, and the state arbitrazh (commercial) courts. The Constitutional Court of the Russian Federation generally hears matters relating to the compliance of federal and regional laws and regulations with the Russian Constitution. Courts of general jurisdiction hear criminal cases, civil disputes between individuals, and disputes arising from administrative relationships between individuals and state agencies. Disputes regarding business activity are heard before the state arbitrazh courts.
The Russian word ‘arbitrazh’ is not related to arbitration but originates from an old Soviet tradition, whereby disputes between state enterprises were heard before the so-called ‘State Arbitrazh.’ In the USSR, it was assumed that under a planned economy no real disputes could arise between socialist enterprises (since all enterprises ultimately had the same owner), and any differences which did arise could be settled by an intermediary, the State Arbitrazh, which was a quasijudicial governmental institution (in fact it was part of the government).
Arbitrazh courts of the Russian Federation have 4 levels:
(1) trial courts (e.g. Moscow City Arbitrazh Court);
(2) appeals courts;
(3) cassation appeals courts (Federal Arbitrazh courts);
(4) The Supreme Arbitrazh Court.
III. Case Law
IV. Invalidation of Foreign Arbitral Awards in the Russian Federation