Anastasia Didenko
I am a Senior Associate with CIS LONDON specialising in Competition law. I am a Russian qualified lawyer advising businesses on compliance with antitrust legislation requirements.
Having worked for over 6 years for the Federal Antimonopoly Service, I gained significant experience in antimonopoly control issues on both financial and goods markets. My sound understanding of the regulator’s requirements allows me to reveal signs of unfair competition in market participants’ actions and identify for clients those business cases in which approval of the competition authority is required.
I has also worked in local banks and I am experienced in banking legislation in relation to the activities of financial institutions.
I graduated as a qualified lawyer from the Russian Law Academy of the Ministry of Justice in 2006.
Practice Area
Panel
- Contributing Author
Experience
- The Federal Antimonopoly Service (2009 - 2015)
- Local banks (2003 - 2007)
Qualification
- 5-year Law degree (equivalent of LLB+LLM) (2006)
Education
- The Russian Law Academy of the Ministry of Justice (2006)
3 Contributions by Anastasia Didenko
PRACTICE NOTES
Anti-suit injunctions and arbitral jurisdiction challenges under Russian law: kompetenz-kompetenz, pre- and post-award review, sanctions-driven ‘Lugovoy Law’, court attitudes and enforcement risks for foreign arbitrations
This Practice Note explores matters concerning arbitral tribunal jurisdiction under Russian law. Note: the Russian court judgments cited in this Practice Note are not reported by LexisNexis®.
Determining tribunal jurisdiction under Russian law
Russian law recognises the kompetenz-kompetenz principle, enabling arbitral tribunals to decide for themselves whether they have authority to hear a dispute. This principle is reflected in paragraph 1 of Article 16 of the Law of 7 July 1993 No. 5338-I On International Commercial Arbitration (as amended) (the Law on ICA), which, in translation, states that an arbitral tribunal may determine its own jurisdiction and address objections regarding the existence or validity of an arbitration agreement, and that an arbitration clause within a contract is to be treated as an independent provision...
Arbitration
PRACTICE NOTES
Recognition and Enforcement of Foreign Arbitral Awards in Russia: Procedure, Refusal Grounds, Public Policy, Sanctions and Arbitrability
Regulation of the recognition and enforcement of arbitral awards in Russia
In the Russian Federation, enforcement of international arbitral awards is regulated by both domestic and international norms. Russia has signed and ratified the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the 1961 European (Geneva) Convention on International Commercial Arbitration, and other international conventions, for example the ‘Convention on the Settlement by Arbitration of Civil Disputes Arising from Relations of Economic and Scientific-Technical Cooperation’ (concluded in Moscow on 26.05.1972), as well as a range of bilateral treaties on legal co-operation that, inter alia, support recognition and enforcement of arbitral awards; however, the Russian Supreme Court has stated that the Kyiv Convention on Settling Disputes Related to Commercial Activities (1992) and the Minsk Convention on Legal Aid and Legal Relations in Civil, Family and Criminal Cases (1993) do not extend to disputes over the recognition and enforcement of arbitral awards in Russia. Russia has also adopted the UNCITRAL Model Law on International Commercial Arbitration (1985) and, relying on it (as revised in 2006), enacted Law No. 5338-1 ‘On International Commercial Arbitration’ dated 7 July 1993 (the Law on ICA). The procedure...
Arbitration
PRACTICE NOTES
Russia: arbitral interim measures—state court support, recognition and enforcement practice, key cases, and proposed APC/CPC reforms
—the legal framework
The applicable rules depend on the dispute type and/or the parties’ legal status: either the Arbitrazh (Commercial) Procedure Code of the Russian Federation (APC) or the Civil Procedure Code of the Russian Federation (CPC) will apply. Under paragraph 1 of Article 241 APC, decisions of foreign courts and arbitral tribunals are recognised and enforced within the Russian Federation where such recognition and enforcement are provided by international treaties and federal laws. Chapter 45 of the CPC sets out equivalent provisions. As a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, Russia assures recognition and enforcement of arbitral awards domestically in accordance with the binding rules of the Law of the Russian Federation On International Commercial Arbitration No. 5338-1 of 7 July 1993 (the Law on ICA). Article 17 of the Law on ICA provides that interim measures ordered by an arbitral tribunal are binding on the parties to the arbitration. However, unlike the latest version of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), the Law on ICA contains no provisions...
Arbitration
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