Russian Federation - Baker & McKenzie International Arbitration Yearbook: 2010-2011

Author(s):

Vladimir Khvalei

Ekaterina Solomatina

Page Count:

24 pages

Media Description:

PDF from Baker & McKenzie International Arbitration Yearbook: 2010-2011

Published:

April, 2011

Jurisdictions:

Russia

Practice Areas:

National Legislation,

Bankruptcy of a Party

Author Detail:

Vladimir Khvalei is a Partner in Baker & McKenzie’s Moscow office and heads its CIS Dispute Resolution Practice Group. He is also a steering committee member of the Firm’s International Arbitration Group. Mr. Khvalei serves as a Vice President of the ICC International Court of Arbitration and is included in the list of arbitrators of the arbitration institutions in Austria, Russia, Belarus, and Kazakhstan.

Ekaterina Solomatina is a Professional Support Lawyer in Baker & McKenzie’s Moscow office.

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Description:

Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

A. LEGISLATION, TRENDS AND TENDENCIES

There have been no changes in the Russian legislation on arbitration.

However, on 27 August 2010, the Chairman of the Chamber of Commerce and Industry of the Russian Federation adopted the “Rules on Impartiality and Independence of Arbitrators.”3 The Rules are recommended for application by the Presidium of the International Commercial Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation (“ICAC RF”), the most popular Russian arbitration institution. The Rules may also be used by Russian state courts as guidelines in proceedings with regard to challenging or enforcement of arbitral awards rendered within the territory of the Russian Federation. The Rules are based on the IBA Rules but contain a number of differences.

Table of Contents:

A. Legislation, Trends and Tendencies B. Cases B.1 Lugana Handelsgesellschaft mbH v. Ryazansky Zavod Metalloceramicheskikh Priborov B.2 Ansell S.A. v. MedbusinessService-2000 LLC B.3 UralEnergoGas CJSC (Russia) v. ABB Electroengineering LLC (The Netherlands) B.4 Yukos Capital s.a.r.l v. Tomskneft VNK OJSC. B.5 AIG Europe S.A. and ACE Insurance Company CJSC v. Voskhod LLC B.6 Sokos Hotels St. Petersburg v. AB Living Design B.7 Lugana Handelsgesellschaft mbH (Germany) v.Ryazansky Zavod Metalloceramicheskhikh Priborov (Russia) B.8 Venture Global Engineering LLC (USA) v. Avtotor Holding Group OJSC (Russia) B. 9 Enforcement of an Award on Debt Recovery under a Loan Agreement C. Insolvency Issues in Arbitration C.1 Bankruptcy under Russian Law C.2 Initiating a Bankruptcy Proceeding C.3 International Arbitration and Bankruptcy C.4 Arbitrability of Bankruptcy Disputes C.5 Influence of Respondent’s Bankruptcy on Arbitration C.6 Arbitration Proceeding regarding Claims in which the Bankrupt Party Acts as the Claimant