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Enforcement of Foreign Arbitral Awards in Russia

Enforcement of Foreign Arbitral Awards in Russia

作者： William R. Spiegelberger
出版商： Juris Publishing
ISBN: 9781937518455
出版时间 August 2014
规格： Hardback , 340 pages
适应领域： Russia ? 免责申明：
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Enforcement of Foreign Arbitral Awards in Russia presents issues peculiar to the Russian legal system and legal culture generally. The culmination of perhaps years of arbitration, enforcement of arbitral awards is a crucial element of arbitration and a subject best not taken lightly or left to the last minute. The Enforcement of Foreign Arbitral Awards in Russia parses the judgments of Russian courts, with a particular focus on the decision-making processes of Russian judges as reflected in their judgments.

The Enforcement of Foreign Arbitral Awards in Russia addresses several questions, such as:

•Which Russian courts enforce awards and what are they like?

•What laws, treaties, and rules apply?

•How do the courts reach their decisions?

•Do those courts sometimes reach anomalous conclusions?

•What should an applicant for enforcement watch out for?

•What are the common pitfalls?

With the help of Enforcement of Foreign Arbitral Awards in Russia non-Russian readers will be able to ask intelligent questions, earlier rather than later, of the local counsel who will be making an application for enforcement in the Russian courts.
Preface

Abbreviations

Note on Translation

Introduction

I.Overview of the Enforcing Court System

A.The Commercial Court Branch

B.The Commercial Courts of Subjects of the Russian Federation

C.The Appellate Commercial Courts

D.The Commercial Courts of the Circuits

E.The Supreme Court of the Russian Federation

II.Laws and Treaties Applicable to Enforcement

A.The Code of Procedure of the Commercial Court

B.The ICA Law and NY Convention

C.The NY Convention: Russian Peculiarities

D.The European Convention

E.The Kiev Treaty

F.The Minsk Convention

G.The Moscow Convention

H.An Exemplary Case

III.NY Convention Article V(1)(a): Party Incapacity or Invalid Agreement to Arbitrate

A.Forged Signature

B.Signature Authority

C.Faulty Arbitration Clause

D.Amendment to Arbitration Clause

E.Assignment of Right to Arbitrate

F.Contract Brokered by Email

G.Expired Contract

H.Branch Office Lacking Capacity

IV.NY Convention Article V(1)(b): Improper Notice or Inability to Present Case

A.Mutual Legal Assistance Treaties

B.The Hague Service Convention

C.The Kiev Treaty

D.CPCC Articles 244(1)(2) and 242(3)(3)

E.Partial Notice

F.Authority to Accept Notice

G.Burden of Proof

H.Email Notice

I.Inability to Attend Hearing

V.NY Convention Article V(1)(c): The Award Deals with a Difference not Contemplated by the Submission to Arbitration or Contains Decisions on Matters Beyond the Scope of the Submission

A.Scope of Damages

B.Appendix to Contract

C.Related Contracts

VI.NY Convention Article V(1)(d): The Composition of Tribunal or the Procedure Was Not in Accordance with Party Agreement or with the Law of the Place of Arbitration

A.Appointing Authority

B.Objection to Procedure

C.Acquiescence in Deviation

VII.NY Convention Article V(1)(e): The Award Is Not Binding or Has Been Set Aside or Suspended

A.ICC Rule (1998) 28(6)

B.Belarusian Law

C.Burden of Proof

D.Cost Award

E.Conservatory Measures

F.Partial Setting Aside

VIII.NY Convention Article V(2)(a): The Subject Matter of the Difference is Not Capable of Settlement by Arbitration under the law of the Russian Federation

A.Legal Framework: Non-Arbitral Matters

B.Russian Law of Mandatory Application

IX.NY Convention Article V(2)(b): Violation of the Public Policy of the Russian Federation

A.Legislative Pronouncements

B.Informational Letter No. 156

C.Prior Russian Judgment Invalidating Contract: The "Russian Defense"

D.Symmetric Optional Dispute Resolution Clause

E.Asymmetric Optional Dispute Resolution Clause

F.No Liability without Fault

G.Joint Marital Property

H.Bankrupt Debtor Party

I.Typographical Error in Award

J.Bad Faith and Unconscionable Conduct

K.Damages in Non-Russian Currency

L.Forged Contract

M.Liquidated Damages and Interest

Afterword

Appendices

A.Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)

B.European Convention on International Commercial Arbitration (Geneva, 1961)

C.Treaty on the Manner of Resolving Disputes in the Area of Commercial Activity (Kiev, 1992)

D.Section III (Articles 51-55) of the Convention on Legal Assistance and Legal Relations in Civil,

Family, and Criminal Matters (Minsk, 1993)

E.Convention on the Resolution by Arbitration of Civil Law Disputes in the Area of Economic and Scientific-Technical Cooperation (Moscow, 1972)

F.Law of the Russian Federation on International Commercial Arbitration No. 5338-I (1993)

G.Chapters 30-33 of the Code of Procedure of the Commercial Court of the Russian Federation (2002)

H.Informational Letter of the Presidium of the Supreme Commercial Court of the Russian Federation No. 96 (2005)

I.Informational Letter of the Presidium of the Supreme Commercial Court of the Russian Federation No. 156 (2013)

J.Table of Commercial Court Cases Granting or Denying Enforcement of Foreign Arbitral Awards 2003-2013

K.Tables of Enforcement Rates by Year, Type of Award, and Defense(s) to Enforcement Pleaded

Index
William R. Spiegelberger is Director of the International Practice Department at Rusal Global Management B.V. in Moscow (since 2007), where he manages, among other things, the corporate group's major litigations and arbitrations outside the CIS states. He was formerly Co-Head of the Disputes Group at White & Case LLC in Moscow (2003-7), associate in the litigation department of Milbank, Tweed, Hadley & McCloy LLP in New York (1998-2003), and associate in the arbitration and litigation group of White & Case LLP in New York and Paris (1994-1997). An author of several articles on arbitration and international legal practice, he holds a J.D. degree from Columbia Law School and is a member of the National Advisory Council of the Harriman Institute at Columbia University in New York.
"This book will undoubtedly become the reference of first resort for practitioners as it answers key questions about modern Russian case law relating to the enforcement of foreign awards and provides expert analysis of hundreds of Russian cases. Nothing has remained hidden from the critical eye of the author, who has played a leading role for the past ten years as legal counsel and strategist in many high-profile disputes involving some of Russia's largest companies and most prominent businessmen. The material is presented in a logical and easily accessible format."
--Evgeny Raschevsky, Partner, Egorov Puginsky Afanasiev & Partners

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