On 26 December 2018, the Russian Supreme Court has approved a review of jurisprudence relating to state court assistance and control in arbitration.
The review provides helpful guidance on various provisions of Russian arbitration laws on (I) validity and enforceability of arbitration agreements, including matters of competence of arbitral tribunals, (II) arbitrability of disputes, and (III) issues referring to setting aside and enforcement of arbitral awards. Notably, the Supreme Court has de facto upheld the validity and enforceability of the ICC model arbitration clause after Russian courts failed to recognize validity of an ICC award in Fall of 2017, inter alia, due to “imprecise” nature of the contractual arbitration clause based on the ICC model arbitration clause.
Please click here to read the full alert memorandum that summarizes the key points and trends set out by the Supreme Court.