Ambivalent Russian Arbitration Developments Regarding Hybrid Dispute Resolution Clauses

By Daniil Vlasenko, foreign attorney at Baker & McKenzie LLP (New York)

Overview

At the end of 2018, the Presidium of the Russian Supreme Court published its “Review of Cases Related to the Functions of Assistance and Control in Relation to Arbitration and International Commercial Arbitration” (“Review”). The 51-page Review was dedicated to issues that the Russian courts have faced while hearing cases arising from domestic and international arbitration and which require consideration by the Supreme Court. Numerous issues were covered, including those connected to the arbitrability of certain types of disputes, the enforceability of arbitral awards and the validity of arbitration agreements.

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