The Resolution of CIS-Related Business Disputes

Roman Zykov chaired a round table Resolving shareholders disputes in arbitration and strategic considerations for counsel and clients under the new Russian arbitration law at the IX Annual American Bar Association Conference in Moscow.

The participants of the roundtable discussed the problem of arbitrability of corporate disputes in Russia and determination of validity and enforceabilty of arbitration agreements concerning corporate disputes, which were concluded before the adoption of the Federal Law on Amendments to the Arbitration Procedure Code of the Russian Federation (i.e. until December 29, 2015) and/or prior to the entry of the law into force (i.e. until September 1, 2016).

The discussion also concerned the problem of validity of so-called "mixed" agreements encompassing disputes arising not only from corporate, but also from the other legal relations of the parties. The panelists noted the importance of dividing the monetary requirements and requirements concerning the ownership of the shares in the company located in Russia, in order to take into account the applicability of the restrictions established by the Russian legislation, сoncerning arbitrability of corporate disputes.