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Russian Federation - Baker & McKenzie International Arbitration Yearbook: 2012-2013

Author(s): 
Vladimir Khvalei
Published: 
September, 2013
Jurisdictions: 
Russia
Practice Areas: 
Court Decisions,
Interim Measures of Protection,
National Legislation
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 and Dubai.

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

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Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013

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A. LEGISLATION, TRENDS AND TENDENCIES

Amendments to the Russian law governing international commercial arbitration3 (also the “ICA Law”) passed their first reading in the State Duma (the lower chamber of Russian legislature) on 25 January 2012. These amendments aim at incorporating the changes made to the UNCITRAL Model Law in 2006 and mainly concern issues of the arbitration agreement and interim measures.

B. CASES

B.1 Novolipetsk Steel OJSC v. Maksimov Nikolay Victorovich4 

Novolipetsk Steel OJSC (“NLMK”) and Mr. Maksimov were parties to a Share Purchase Agreement dated 22 November 2007 (the “SPA”) under which Mr. Maksimov was to transfer ownership of 50% plus one share of OJSC “Maxi-Group” to NLMK against payment of the purchase price. The SPA provided for arbitration under the Rules of the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry (the "ICAC"). Mr. Maksimov was successful in this arbitration claiming the recovery of the purchase price plus interest. NLMK challenged the award, alleging, inter alia, violation of the public order of the Russian Federation and non-arbitrability of the dispute resolved by the ICAC.

Table of Contents: 

A. Legislation, Trends and Tendencies

B. Cases

B.1 Novolipetsk Steel OJSC v. Maksimov Nikolay Victorovich)
B.2 Russian Telephone Company v. Sony Ericsson Mobile Communications Rus LLC (RF)
B.3 Kubik LLC v. Regus Business Center Metropolis LLC

C. The Grant and Enforcement of Interim Measures in International Arbitration

C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measures