Analytics Publications Dispute resolution

19
May
2021

Anastasia Cheredova for CEE Legal Matters magazine: Pleading and Proof of Foreign Law in Commercial State Courts

Generally, the responsibility for interpreting foreign laws lies with the state commercial court. Parties have a right, but are not obliged to, render assistance and provide the court with information concerning statutory provisions of foreign laws. However, if the content of the foreign law is not ascertained with reasonable expediency, Russian law applies. Anastasia Cheredova, Head of the Special Projects Group, clarified the European magazine 'CEE Legal Matters' on the Russian approach to the nature of foreign law, methods of proof, as well as pitfalls that parties may face.
CEE Legal Matters, European magazine
11
January
2019

Recognition and enforcement of foreign arbitral awards in Russia: overview and prospects

The rapid development of international trade in the 21st century calls for the unification of legislation and enforcement practices in the spheres associated with international commercial arbitration, especially so in the area of recognition and enforcement of foreign arbitral awards.
Natalia Abtseshko, Head of International projects group
Svetlana Vasilyeva, Senior associate of Litigation practice
AEB Business Quarterly
17
April
2018

Counterparty’s representations appeared to be misleading. How to prove damages?

In case of misrepresentation by a counterparty, damages may be recovered from it. However, not in every instance, the court treats any given information as a representation and, moreover, its unreliability will have to be consistently proven. To learn when you have a chance to receive compensation for damages, please read this article.
Stanislav Matushov, Head of Public Law Disputes & Corporate Defense group
Arbitration practice
15
March
2018

Participant in a LLC fails to pay for its participatory interest: analysis of consequences and company actions. Overview of judicial practice

As follows from provisions of the Civil Code of the Russian Federation, the basis for any business company, including a limited liability company, is its charter capital divided into participatory interests of its participants. Such participatory interests must be paid by the company founders, including in the form of money, securities, other things, property rights or other rights having the monetary value.
Stanislav Matushov, Head of Public Law Disputes & Corporate Defense group
Business and Life
14
February
2018

Russian courts tend to find independent guarantees as quite dependent

In recent Russian dispute resolution practice, judges incline to consider independent guarantees as not completely independent from the underlying secured obligations. This entails risks of unjust enrichment of the beneficiaries unfairly claiming payments under independent guarantees. This post offers recommendations to avoid such risks of the judiciary practice twists.
CIS Arbitration Forum
17
January
2018

Pausing when a statute of limitations runs out: five criteria that indicate the assumption of debt

Almost two years have passed since the Russian Federation Supreme Court Plenary Assembly adopted a resolution on issues concerning statutes of limitations. Over that time, express approaches to applying these interpretations have taken shape in judicial practice. We will gain an understanding of how the mechanism works nowadays for pausing when a statute of limitations runs out.
Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Artem Gasparyan, Senior associate of Southern directorate
Arbitration practice
13
December
2017

The Russian Federation Constitutional Court on re-examining newly discovered evidence

On October 17th, 2017, the Russian Federation Constitutional Court delivered Resolution No. 24-P "On the case involving verifications in connection with complaints lodged by people in regard to the constitutionality of Clause 5, Section 4, Article 392 in the Russian Federation Civil Procedural Code" (hereinafter the Resolution dated October 17th, 2017). In its reasons for judgment for this Resolution, the Russian Federation Constitutional Court demonstrated, in our opinion, an extremely high level of jurisprudence, examining issues  of legal doctrine using analysis, in particular after analyzing the Russian Federation Constitution, the Convention for the Protection of Human Rights and Fundamental Freedoms, the Federal Constitutional Law No. 3-FKZ, dated February 5th, 2014 "On the Russian Federation Supreme Court," practices by the European Court of Human Rights, and practices by the Russian Federation Supreme Court itself. We will analyze this document.
EZH-Yurist
14
November
2017

Questions about the Concept

What can we expect from the Ministry of Justice's Concept to reform the legal services market?
New Lawyer's Newspaper (Novaya Advokatskay gazeta)
2
November
2017

Are there any boundaries for customs inspections?

Starting August 30, 2017 some amendments to Federal Law No. 311-FZ “On customs regulation in the Russian Federation” (hereinafter Law No. 311-FZ) entered into force that provide for the potential to both introduce a ban on trading certain types of goods in Russia and expand the authority enjoyed by customs agents. During a “sanctions standoff,” legislators came to the conclusion that adopting measures to ban importing certain types of goods into the country might not prove sufficient – so they permitted imposing restrictions on importing, storing, acquiring, or otherwise trading them inside Russian borders (this includes people acquiring them for their personal use).  
EZH-Yurist
13
October
2017

The powers of the representative are evident from the situation: trends in judicial practice

The subjects of civil law relations can acquire their rights and accept their responsibilities either personally or through their representatives. In the vast majority of cases, the power to act as a representative is given by issuing a power-of-attorney (if this involves people who are not legal representatives) that is either notarized or in simple written form. However, law also provides for the possibility of representing an individual’s interests without a document like a power-of-attorney that grants such authorization. You can read in this material about the cases where authorized representatives can represent a company’s interests without having a power-of-attorney, as well as how to prove that this authorization is valid.
Business and Life
5
February
2021

Anastasia Cheredova for CEE Legal Matters magazine: Sanctions-Related Amendments in Russian Commercial Procedure

As of June 19, 2020, Russian arbitrazh (commercial) courts have exclusive jurisdiction to hear certain cases related to “anti-Russian” sanctions. Affected legal entities and individuals may also apply for anti-suit injunctions in an attempt to prevent counterparties from pursuing claims abroad. Recent cases show that these new entitlements are not as favorable as once thought.
20
April
2018

The practice of challenging of transactions in case of the bankruptcy of credit institutions

According to the statistics posted by the Bank of Russia on its website, as of 1 January 2017, 288 credit institutions (87.54% of the total number of liquidated credit institutions) have been declared bankrupt by arbitration courts, bankruptcy proceedings have been initiated in relation to them and bankruptcy receivers have been appointed. However, the statistics of satisfying the creditors’ claims is low – since credit institutions do not have sufficient funds for a long period of time, the claims are satisfied at the average of 15.8% of the amounts of ascertained claims.
Legal work in a credit organization
13
April
2018

Securing of loan obligations to the bank: analysis of the most commonly used schemes

When entering into a loan agreement between credit institution and borrower (in this article, the primary focus will be on the legal entities acting as borrowers), the majority of financial risks lies specifically with the creditor that provides monetary resources to the borrower. For this reason, the means of securing the obligations become particularly important for the entity that has provided a loan. As a rule, the particular type of security is suggested by the credit institution itself, based on the amount of the provided loan, status of the borrower (its financial standing, corporate structure and assets) and other concurrent factors.
Business and Life
15
February
2018

Complexity of proving: perpetuation of evidence in the Internet

The proper functioning of modern society is impossible without using information technology that relates to the quickest possible transfer of information and its accessibility. The rapid development of information technology, especially over the past decade, covered all spheres of life of a man of today.
Business and Life
1
February
2018

Overview of changes to legislation in 2017: summary

In the preceding year, we regularly advised you of the most significant legislative changes that develop legal regulation and business environment in the country. In this overview, we shall summarize and submit for your consideration the new laws and other regulatory legal acts published in 2017, which will be of interest to business representatives of various industries and business areas.
Alexander Sitnikov, Managing partner
Business of Russia
20
December
2017

Liability of the employer for the damage caused by his employee: the practice of application

Circumstances often arise where damage is caused by a natural person when performing his/her duties in the course of an organization’s regular business activity. For example, this could be damage as a result of an accident caused by the actions of an employee-driver (one of the most common causes of damage) or liability for sudden breaking off of negotiations, which is still new for civil law relations in Russia.
Financial Director
7
December
2017

New constitutional procedure

Last amendments in the rules of the RF Constitutional Court, determine the general rules of the constitution procedure, approved on October 10, 2017. Mentioned amendments have de facto fixed application of the Roman law institute (аmicus curiae) in Russia.
EZH-Yurist
8
November
2017

Useful advice: the cause-and-effect process during the recovery of claims

In disputes involving claims for damages, what comes to the forefront is the qualitative selection of evidence, as well as knowing how to state your position to the courts. Victor Petrov, the Head of Litigation group at the VEGAS LEX law firm, talks about the particularities of evidence gathering and what methods are effective, using legal case studies as examples.
Pravo.ru
26
October
2017

Streamlining judicial proceedings: is everything that is done always for the best?

A Russian Federation Supreme Court plenary session approved introducing a bill into the State Duma that calls for large-scale reform of the procedures for administering justice. As follows from the explanatory note, the main objectives of the amendments to procedural legislation are reducing the burden on the courts, and simplifying and speeding up the process of litigation. At the same time, simplifying the courts’ work, in this case, is achieved by imposing additional obligations and procedural risks on the participants in the process.
Dmitriy Motorin, Senior Associate
National Business
28
September
2017

Resolving disputes in foreign arbitration courts: the history of one case

The Moscow City Arbitration Court, in case No. А40-219464/2016 on May 5th, 2017 delivered ruling (after the case was submitted for review again) that refused to recognize and enforce a ruling made by a foreign arbitration court following the petition filed by OOO Kommon Ligal Properti. In this article, we present an analysis of that ruling, which is of key significance for all those who participate in commerce and petition foreign commercial arbitration courts to resolve their disputes.
EZH-Yurist
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