Russian Legal Framework For Arbitration

 

The legal framework applicable to arbitrations and/or the recognition and enforcement of awards in Russia includes the following:

New York Convention on the Enforcement and Recognition of Foreign Arbitral Awards 1958 (New York Convention). Article 5 lists the grounds for refusal of recognition and enforcement of awards.

European Convention on International Commercial Arbitration 1961. This applies solely to disputes arising from international trade. It lists the grounds for setting aside an award and also deals with other issues relating to arbitration proceedings in general. The UK, Switzerland, Sweden and the Netherlands are not parties but over 30 countries are, including Russia and the Ukraine.

Law on International Commercial Arbitration 1993. This is based on the United Nations Commission on International Trade Law (UNCITRAL) model law and mirrors the provisions of the New York Convention concerning the enforcement of awards. Amendments are expected in 2011 to reflect the changes to the UNCITRAL model law in 2006 and are intended to address, in particular, interim measures and the form of the arbitration agreement.

Arbitrazh Procedure Code 2002. This governs the procedure in the Arbitrazh courts (Russian commercial courts).

Matthew Secomb and Christophe von Krause are partners, and Paul Giraud is an associate, in the Paris office; David Goldberg and Michael Turrini are partners, Anthony Lavers is Counsel, and Julia Zagonek and Dipen Sabharwal are associates, in the London office; Dr Patricia Nacimiento is a partner, and Christian M Theissen is an associate, in the Frankfurt office; Aloke Ray is a partner, Nandakumar Ponniya is a local partner, and Matthew Shaw is an associate, in the Singapore office; Ola Nils-son is Counsel in the Stockholm office; and Heather Clark is an associate in the New York office of White & Case LLP.

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