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Head of International Litigation and Arbitration Practice
International Litigation and Arbitration Practice

International Litigation and Arbitration Practice

As cross-border trade grows, more and more cases are considered through arbitral proceedings (so called domestic arbitration) and international arbitration. Parties entering into major contracts, and especially foreign trade contracts, often prefer to resolve disputes outside the state court system.

If a dispute should be resolved in accordance with national substantive law, a company needs assistance from lawyers who are highly qualified in Russian law as well as in domestic and international arbitration. Pepeliaev Group’s lawyers have the in-depth knowledge and experience to provide comprehensive professional legal support.

We work closely with foreign partners in those cases when the contractual relationships of the parties are governed by;
  • foreign substantive law, but the proceedings take place is Russia, 
  • or, on the other hand, when a dispute is to be resolved abroad based on the provisions of Russian law. 

The practice’s team is experienced in conducting cases in such famous arbitration centres, as:

  • the International Commercial Arbitration Court at the International Chamber of Commerce and Industry, 
  • the London Court of International Arbitration, 
  • the Arbitration Institute of the Stockholm Chamber of Commerce, 
  • the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, and 
  • the Arbitration at the Moscow Chamber of Commerce and Industry, 

as well as major arbitral tribunals, in particular, in the Arbitral Tribunal at the Russian Union of Industrialists and Entrepreneurs.

Lawyers of the Practice represent clients in ad hoc arbitration, applying both Russian and foreign substantive law.

Professional services

  • Protecting clients when disputes are considered in Russian arbitral tribunals and international commercial arbitration courts in Russia as well as abroad (institutional arbitration and ad hoc arbitration). 
  • Providing legal support in court proceedings in Russian and foreign state courts, and in international commercial arbitration proceedings in Russian and foreign jurisdictions, where the provisions of Russian and foreign substantive law are being applied. 
  • Having awards of Russian state courts and arbitral awards made in Russia recognised and enforced in foreign jurisdictions, as well as having foreign court decisions and arbitral awards recognised and enforced in Russia. 
  • Advising clients on agreeing, in contractual relationships, on dispute resolution procedures and the choice of applicable substantive law. 

Projects

Enforcing within Russia a decision adopted by the China International Economic and Trade Arbitration Commission The lawyers of the practice provided support to a major motor car producer in a project that involved having a decision of the China International Economic and Trade Arbitration Commission recognised and enforced within Russia. Under the Commission's decision, over EUR 1.4 million of an advance payment had been awarded against the debtor, together with interest for the late repayment of the advance payment under an agreement for the supply of equipment which was terminated afterwards.
During the hearing, the debtor was trying to interfere with the recognition and enforcement of the decision, citing that it had not been properly notified of the arbitration proceedings and alleging that the decision contradicted public policy in Russia. Our lawyers in turn proved that the debtor was notified properly and on a timely basis of the appointment of the arbitrators and of the time and place of the arbitration. It also had an opportunity to make its own submissions and to participate in the arbitration proceedings. Moreover, our specialists convinced the courts that the enforcement of the decision would not contradict the public policy of Russia because Russian civil and commercial procedure legislation provides for the possibility to recover an advance payment when a supply agreement is terminated (if the goods have not been supplied), together with interest for late repayment of the advance payment and also court expenses. As a result, the court of the first instance and the cassation court agreed with our position and recognised as ungrounded the arguments of the debtor. 
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Recovered for our client debt of USD 350,000 under a supply agreement The lawyers of the practice managed to recover debt under a supply agreement for our client, a major producer of home decoration materials.
The debt that totalled USD 350,000, which took the form of an unearned advance payment plus interest. The dispute was considered in the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry and involved the application of the provisions of the 1980 Vienna Convention on Contracts for International Sale of Goods. The project is interesting from the standpoint of the ICCA’s practice being formed and from the standpoint of the arbitrators assessing evidence provided in the form of e-mail correspondence with attachments. 
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Other projects