CIS London & Partners LLP
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4 Contributions by CIS London & Partners LLP Experts
PRACTICE NOTES
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
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
Arbitration
PRACTICE NOTES
—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
Arbitration
PRACTICE NOTES
This Practice Note closely explores the function of state immunity in connection with arbitration proceedings in the Russian Federation. For a concise introductory guide to state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. In addition, for further Practice Notes addressing state immunity across a broad range of jurisdictions worldwide (including England and Wales), please see our ‘State immunity’ subtopic: State immunity and arbitration—overview.
State immunity—the Russian legal framework
The Russian Federation (Russia) follows a restrictive, rather than absolute, approach to state immunity. This was not always the position. Russia’s restrictive stance on state immunity took effect on 1 January 2016, when Federal Law No 297-FZ ‘On jurisdictional immunities of foreign state and property of foreign state in the Russian Federation’ of 3 November 2015 (the Law on Immunities) entered into force. The Law on Immunities endorses the
Arbitration
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