HERBERT SMITH FREEHILLS LAUNCHES FIRST GUIDE TO DISPUTE RESOLUTION AND GOVERNING LAW IN RUSSIA

Please click here to preview this publication. To request a copy of the Guide, please email RussiaDisputeResolutionGuide@hsf.com.

Our first Guide to Dispute Resolution and Governing Law in Russia provides a concise and accessible overview of some of the practical issues involving both litigation and arbitration across the region to help our clients understand the ways in which Russian law restricts the choice of law in contracts and the types of dispute resolution mechanisms that can be used for Russia-related commercial contracts.

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RUSSIAN MINISTRY OF JUSTICE CLARIFIES RUSSIAN ARBITRATION LEGISLATION UPON JOINT REQUEST OF HKIAC AND VIAC

In February 2020, the Hong Kong International Arbitration Centre (the “HKIAC”) and the Vienna International Arbitration Centre (the “VIAC”) jointly applied to the Russian Ministry of Justice (the “MOJ”) and the Council for the Development of Arbitration at the MOJ (the “Council”) for clarification of certain “grey areas” of Russian Arbitration legislation (the “Joint Request“). Both arbitration institutions have recently published the response issued by the Working Group No. 2 on Foreign Arbitral Institutions of the Council (the “Working Group”) on the questions posed in the Joint Request (the “Response“)[1]. Although the position in the Response was declared to be non-binding on the Russian courts, the Working Group’s views might impact Russian court practice on the reformed arbitration legislation.

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HERBERT SMITH FREEHILLS PROMOTES THREE ARBITRATION SPECIALISTS TO COUNSEL

Herbert Smith Freehills has promoted three new Counsel from within the global arbitration practice with effect from 1st May. With promotions in Moscow, Tokyo and Melbourne the new Counsel are:

Maria Dolotova, Moscow: Maria is a Russian-qualified disputes lawyer with an arbitration specialism.  Maria joined Herbert Smith Freehills in 2013 having previously worked in the dispute resolution practice of an international law firm in Moscow. Maria has been involved in arbitrations under a number of different institutional rules and been involved in court actions in support of arbitration (including injunction and enforcement applications) in many jurisdictions. Maria has developed a particular expertise in corporate claims involving bankruptcy and restructuring proceedings.

James Allsop, Tokyo: James’ practice centres on advising Japanese and international clients in complex commercial disputes, primarily through international arbitration.  He has acted as counsel and advocate in arbitrations under various institutional rules (HKIAC, ICC, JCAA, LCIA, SIAC, TOMAC, VIAC and before ad hoc tribunals) with seats across Asia and Europe.  He also has extensive cross-border litigation experience in the English High Court and Appellate Courts having practiced for several years in Herbert Smith Freehills’ London office. James is qualified as a solicitor in England & Wales and is also a qualified solicitor advocate.  He is licensed to advise in Japan as a Gaikokuho Jimu Bengoshi.

Timana Hattam, Melbourne: Timana is a specialist in the resolution of disputes in construction and infrastructure projects, and has significant experience advising in relation to disputes and generally in the project delivery phase of Public Private Partnerships (PPPs), particularly in the transport sector. Timana’s practice also includes energy related disputes, with a focus on renewables projects, having acted for clients across Australia and internationally.

Paula Hodges QC notes, “We are delighted to have three new Counsel promotions within our global arbitration practice. This – together with our recent Partner promotions – showcases the outstanding lawyers we have across the full breadth of our international arbitration network.”

For more information, please contact Maria Dolotova, Of Counsel, James Allsop, Of Counsel, Timana Hattam, Executive Counsel, or your usual Herbert Smith Freehills contact.

Maria Dolotova
Maria Dolotova
Of Counsel
+7 495 36 36839

James Allsop
James Allsop
Of Counsel
+81 3 5412 5409

Timana Hattam
Timana Hattam
Executive Counsel
+61 3 9288 1860

RUSSIAN SUPREME COURT REQUIRES UNIFORM APPROACH IN ARBITRATION CASES AND CLARIFIES MEANING OF PUBLIC POLICY

On 10 December 2019, almost four years after the Russian arbitration reform of 2016 and one year since the Russian Supreme Court (the “SC“) published its guidance in relation to various issues concerning international commercial arbitration, the SC issued an important resolution relating to arbitration. Resolution No 53 On the fulfilment by the Russian state courts of the assistance and control functions in relation to domestic and international commercial arbitration (the “Resolution“, available in Russian here), is a detailed and long-awaited document requiring Russian state courts to adopt a uniform approach when dealing with arbitration-related cases. In particular, the Resolution attempts to define the meaning of “public policy”, helpfully reminding the Russian courts that they should refuse recognition or enforcement of an arbitral award on public policy grounds only in exceptional circumstances.

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