Arbitrability of Corporate Disputes in Russia: To Be or Not to Be

CIS Arbitration Forum Working Paper 1/2014; Journal "Zakon”, April 2013, No. 4, P. 108-118

15 Pages Posted: 23 Jan 2014 Last revised: 27 Dec 2014

See all articles by Sergey Victorovich Strembelev

Sergey Victorovich Strembelev

Law Office of Sergey Strembelev

Y. Kryvoi

The British Institute of International and Comparative Law (BIICL)

Date Written: January 23, 2014

Abstract

This paper discusses the possibility of adjudication by arbitration of corporate disputes, including disputes arising from shareholders' agreements. The article analyzes the relevant Russian legislation and court practice and contrasts it to the approaches of common law jurisdictions to these issues.

Currently, the transfer of corporate disputes to arbitration in Russia involves substantial risks for the participants in these disputes. In many cases, the Russian state commercial courts take the position that corporate disputes are not ‘arbitrable’ since the state commercial courts have exclusive jurisdiction over such disputes.

In common law jurisdictions, by contrast, corporate disputes (particularly those disputes arising out of shareholders’ agreements) may be referred to arbitration and be adjudicated according to a foreign law as chosen by the parties. Only in a few cases will the jurisdiction of arbitral tribunals be denied and the dispute resolution clauses and the provision of the chosen applicable law be ignored: if such is contrary to public policy or the mandatory rules of corporate law, or if it violates the rights of third parties.

Keywords: Russia, arbitration, jurisdiction, commercial disputes, shareholder agreements

JEL Classification: F21, K33, K40

Suggested Citation

Strembelev, Sergey Victorovich and Kryvoi, Yarik, Arbitrability of Corporate Disputes in Russia: To Be or Not to Be (January 23, 2014). CIS Arbitration Forum Working Paper 1/2014; Journal "Zakon”, April 2013, No. 4, P. 108-118. Available at SSRN: https://ssrn.com/abstract=2383736 or http://dx.doi.org/10.2139/ssrn.2383736

Sergey Victorovich Strembelev

Law Office of Sergey Strembelev ( email )

Saint Petersburg
Russia

Yarik Kryvoi (Contact Author)

The British Institute of International and Comparative Law (BIICL) ( email )

Charles Clore House
17 Russell Square
London, WC1B 5JP
United Kingdom

HOME PAGE: http://www.kryvoi.net

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