Russian Federation - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s):

Vladimir Khvalei

Irina Varyushina

Page Count:

22 pages

Media Description:

PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"

Published:

March, 2012

Jurisdictions:

Russia

Practice Areas:

Arbitrability,

Enforceability,

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 Practice 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.

Irina Varyushina is a Professional Support Lawyer in Baker & McKenzie’s Moscow office.

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Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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RUSSIAN FEDERATION
Vladimir Khvalei and Irina Varyushina

A. LEGISLATION, TRENDS AND TENDENCIES

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

However, in 2011, the Russian Constitutional Court rendered a decision of importance for arbitration which finally resolved the issue of the “arbitrability” of disputes concerning registered rights to immovable property.

The legislation of the Russian Federation does not contain a prohibition against referring civil law disputes concerning immovable property to courts of arbitration;3 it in fact directly provides for such a possibility.4 Nevertheless, over the course of

Table of Contents:

RUSSIAN FEDERATION
Vladimir Khvalei and Ekaterina Solomatina, Moscow

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 LL
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