Judgment of the Constitutional Court of 18 November 2014 № 30-П upon the petition of Sberbank of Russia
- Court:
- Constitutional Court
- Whether the party, in whose favour an arbitration court issued an award, may be among the founders of an autonomous non-commercial organisation, to which that arbitration court is attached
Subject areas:
The Information Letter of the Presidium of the Supreme Commercial Court of 26 February 2013 № 156 “A Survey of the Practice of Consideration by Commercial Courts of Public Policy Clause as a Ground for Refusal to Recognise and Enforce Foreign Court Decisions and Arbitral Awards”
- Court:
- Supreme Commercial Court
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 13 November 2012 № 8141/12 in the case Leasing company “Uralsib” vs The company “Novosibirsk Autotsentr Kamaz”
- Court:
- Supreme Commercial Court
- Points of law: 1) whether arbitration court may have jurisdiction over a suit filed by lessor against lessee (debtor) after the start of bankruptcy procedures with regard to the debtor? 2) whether affiliation of the arbitration court with one of the parties to the dispute is permissible?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 21 June 2012 № 1831/12 in the case “Russian Phone Company” vs The company “Sony Ericsson Mobile Communicational Rus”
- Court:
- Supreme Commercial Court
- Point of law: whether a choice-of-court clause in an agreement may confer the right to apply to a competent State court upon only one party and deprive the other party of the same right, thus leaving to it only the opportunity to apply to an arbitration court?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 13 December 2011 № 9807/11 in the case Legal Centre in the Caucasian spa "Arbitr" vs The Enterprise "Stavropolkraivodokanal"
- Court:
- Supreme Commercial Court
- Point of law: whether arbitration courts do have powers to compulsorily impose upon parties to arbitration proceedings fines for non-payment of arbitration fees provided for by the rules of the arbitration court?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 25 October 2011 № 18613/10 in the case Svetlana Moiseeva, an entrepreneur vs The company "Tander"
- Court:
- Supreme Commercial Court
- Point of law: whether the decision of a commercial arbitration court is lawful if the power of attorney of a party’s representative did not contain an explicit permission to participate in arbitration proceedings.
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 18 October 2011 № 6478/11 in the case “Afro-Asia Consulting Inc.” vs Friedel Gerhard Wilms (Germany)
- Court:
- Supreme Commercial Court
- Points of law: 1) whether an arbitration clause contained in a contract may be still valid after the expiry of the term of such contract, provided that the parties to it have made it clear by their behavior that they regard the contract as being in force in spite of the expiry of its term; 2) whether it is open for an arbitration court to determine the applicable law, or the court must in all cases apply the law which is referred to in the arbitration clause.
Subject areas:
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