Following its military action in Ukraine, Russia has issued strong economic measures in response to the international sanctions imposed by other States. This has impacted investment inflows, as well as foreign investors who seek to engage in arbitration with Russia. Until recently, Russia accounted for more than 40% of Foreign Direct Investment inflows in the […]
Ukraine’s ICJ Claim Against Russia Under the Genocide Convention
On February 26, 2022, Ukraine filed a claim against Russia before the International Court of Justice to institute proceedings in connection with the military operations commenced by the Russian Federation in Ukrainian territory on February 24.[1] The application is based on Article IX of the 1948 Genocide Convention,[2] according to which the International Court of […]
The Status of Permanent Arbitral Institutions in Russia
Before 2016, there were concerns about the effectiveness of arbitration in Russia. Russian companies could sue in any arbitration court abroad and, as a rule, all corporate disputes could be resolved by foreign arbitral tribunals. This situation was not without pitfalls, however, as the resulting decision then had to be approved by a Russian court. […]
Investment Arbitration in Russia under the 2020 Investment Law
Russia has participated in several major investment arbitration cases, including the largest arbitration award ever, the so-called Yukos arbitration. However, when it realized that bilateral investment treaties (BIT’s) may have serious ramifications, most traditional investment treaty work was suspended. The newest Russian BIT, signed with Palestine, dates back to 2016. Most existing Russian BITs date […]
Russian Sanctions and Arbitration: Analysis of New Russian Law Transferring Exclusive Jurisdiction to State Courts
Six years after the introduction of Russian sanctions by the United States and the European Union, the Russian Parliament has adopted a new law to allow sanctioned Russian entities to avoid arbitration. Arbitrations against companies and individuals targeted by Russian sanctions have today been transferred to the exclusive jurisdiction of Russian State Courts by a […]