Dispute resolution and mediation

Conciliation as a new tool for resolving disputes Pepeliaev Group highlights the significantly expanded range of possibilities for resolving commercial disputes and litigation arising out of civil law and other legal relationships by means of a new type of service – conciliation involving an intermediary

Public policy as a ground for refusing to recognize and enforce foreign court judgments and arbitral awards clarifications of the Russian Supreme Commercial (Arbitration) Court

Consequences of unauthorised access to services using electronic communications Having analysed the case law that has developed, Pepeliaev Group notes Resolution No. 3933/12 of the Presidium of the Supreme Commercial (‘Arbitration’) Court (the “SAC”) dated 18 September 2012.  

Russian Supreme Arbitration Court has explained the rules for paying VAT when an insolvent debtor’s property is disposed of Pepeliaev Group advises of the publication, on 13 February 2013, of Resolution No. 11 of the Plenum of the Russian Supreme Arbitration Court (SAC) dated 25 January 2013 “On paying value added tax when the property of an insolvent debtor is disposed of”. This resolves,  to the benefit of creditors and buyers of bankrupt companies’ property, issues relating to the procedure and regime for paying VAT.

Israeli court recognises a decision of its Russian colleagues

In February 2009, the Moscow City State Commercial (‘Arbitration’) Court handed down a decision allowing russian company to recover debt from the Israeli-registered company (the “Defendant”) under a supply contract. The court also awarded interest of more than EUR 5 million on the amount due.

8 April 2011 saw the entry into force of Federal Law No. 63-FZ “On electronic signatures” dated 6 April 2011 The Law governs relationships involving the use of electronic signatures in completing civil law transactions, rendering state and municipal services, and performing state and municipal functions as well as when other legally significant actions are performed (article 1 of the Law).

On the Skolkovo innovation centre On 28 September, Federal Law No. 244-FZ “On the Skolkovo innovation centre” was adopted, together with Federal Law No. 243-FZ of the same date “On amending specific legislative acts of the Russian Federation in connection with the adoption of the Federal Law ‘On the Skolkovo innovation centre’."

The Presidium of the Russian Supreme Arbitration Court clarified the legal nature of the buy-out payment in a lease agreement On 18 May 2010 the Presidium of the Russian Supreme Arbitration Court issued Resolution No. 1729/10 that clarifies the legal nature of the buy-out payment in a lease agreement, which stipulates that title to a leased item is transferred to the lessee on the expiry of the lease, and also explicitly specifies the procedure for determining the amount in cases where the buy-out value was not established by the parties to the lease agreement.