Service
A dispute is referred to arbitration if an arbitration clause in the contract so provides. Applications to set aside an arbitral award and for a writ of execution where the award is not complied with are heard by a state court.
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The information on this website is provided for information purposes only and does not constitute a public offer.
Timing and fees are indicative and are confirmed when the engagement is agreed.
The procedure for resolving a dispute is determined by the contract. An arbitration agreement is concluded in respect of disputes that may arise or a dispute that has already arisen and, as a general rule, is amended by agreement between the parties. The content of the clause is checked when the contract is concluded, before any dispute has arisen.
The clause is checked to establish whether it is capable of being performed. An inaccurate name of the institution, inconsistencies between contract terms, or a simultaneous reference to arbitration and to a state court may lead to a jurisdictional dispute before the case is considered on its merits. Certain categories of disputes cannot be referred to arbitration: the restrictions are set by the Arbitrazh Procedure Code, the Civil Procedure Code and other federal laws. It is checked separately whether the dispute falls within the exclusive jurisdiction of the Russian commercial (arbitrazh) courts, including in cases involving persons subject to restrictive measures.
Arbitration differs from proceedings in a state court. The parties may determine the number of arbitrators and the procedure for their selection. In domestic arbitration, unless the parties have agreed otherwise and unless federal law provides otherwise, the proceedings are confidential and the case is heard in private. Arbitrators' fees are determined by the institution's rules. These features are weighed against the value of the dispute when choosing how it is to be resolved.
A state court does not review the dispute on its merits: an award may be set aside, or a writ of execution refused, only on the grounds established by law. Objections that the arbitration agreement has not been complied with must be raised without undue delay; otherwise, as a general rule, the right to raise them is lost.
Enforcement of an award against a foreign party depends on where its assets are located and on the procedure for recognizing arbitral awards in the state where enforcement is sought. Enforceability is assessed before the arbitration begins, when the dispute resolution procedure is chosen.
The outcome of the service is the work performed within the scope agreed with the client.
The position is built on the documents and the circumstances of the case; the following points are relevant.
On the basis of the materials, the strengths and weaknesses of the position, the risks and the possible courses of action are identified.
For the chosen option, a plan is drawn up: the sequence of steps, timing and scope of work.
Appeals against court rulings
Challenge
The lower courts granted the claims of the insolvency administrator and the creditors to hold the director of a bankrupt company personally liable for its debts.
What was done
The case was taken to the Supreme Court. The good faith of each management decision was proved, and the Supreme Court set aside the rulings of the lower courts.
Challenging Transactions
Challenge
Shortly before its insolvency, the debtor diverted its assets through a chain of formally independent transactions, each of which looked like an ordinary business operation.
What was done
The full chain was reconstructed, and the interconnection of the transactions and the invalidity of each link were proved. The assets were returned to the bankruptcy estate in full.
Recovery of Damages
Challenge
The former director caused losses to the company, expecting that it would not be possible to gather evidence: numerous transactions, a branching structure and blurred chains of cause and effect.
What was done
A systematic analysis was carried out: the chronology of decisions was reconstructed, the link between the transactions and the damage was identified, and bad faith was proved. The damages were recovered in full; the court granted the claims without any reduction.
Defence against challenges
Challenge
There were attempts, by challenging transactions, to bring the client's property – acquired, paid for and in commercial use – into the bankruptcy estate of an insolvent counterparty.
What was done
The legal position was built on the independent nature of the client's ownership. The court dismissed all the claims challenging the transactions, and the assets were retained in full without concessions or settlement agreements.
Challenging resolutions
Challenge
The majority participant systematically blocked the distribution of profits by voting at the general meeting. The company was generating income, but the minority participant did not receive its share of the profits.
What was done
The general meeting resolutions were challenged. A mechanism compelling the distribution of profits was implemented through the courts.
Such disputes are handled together with advisers from the relevant jurisdiction.
For an award made outside Russia, an application for its recognition and enforcement is prepared. For an award made in Russia, including by a foreign institution, an application for a writ of execution or for the award to be set aside is prepared or, where the other party has made such an application, objections to it.
A dispute may be referred to arbitration even after it has arisen: the arbitration agreement is concluded in writing, including by an exchange of letters or procedural documents. The documents for related transactions are checked: the clause may be contained in a framework agreement or in a document referred to in the contract.
If there is no such agreement, the dispute is heard by a state court.
An application for a writ of execution is filed with the competent state court or, for a foreign arbitral award, an application for its recognition and enforcement.
The writ of execution issued is presented for compulsory enforcement.
An hourly rate, a fixed fee or a combined model is used; in some cases part of the fee depends on the outcome achieved. The fee is determined by the time actually spent, the complexity of the matter and the overall timeframe of the project, and is agreed before work begins.
Describe your matter and the circumstances in which it arose. The consultation establishes the possible structure of the work and the scope of legal support required.
