International commercial disputes

Our advantages Questions and Answers Related articles

International commercial disputes require consideration of jurisdiction, applicable law and the mechanism for executing decisions. KDpartners specialists provide comprehensive support for arbitrations and court proceedings involving foreign counterparties.

Contact us

Leave a request and our lawyers will contact you shortly to provide a consultation on your issue.

Имя *

Это поле обязательно для заполнения

Телефон *

Это поле обязательно для заполнения

E-mail

Введён некорректный e-mail

Сообщение

Поле проверки на робота должно быть заполнено.

Необходимо ваше согласие на обработку персональных данных

Why Choose Us?

20+

Jurisdictions

800+

Satisfied Clients

Long-term Results

Our expert legal strategies streamline business processes and ensure desirable outcomes, even in complex litigation cases

Unique Legal Solutions for Every Jurisdiction

Our deep international expertise allows us to offer customized solutions beyond standard legal service packages

Industry Expertise & Recognition

Our specialists publish in leading legal journals, shaping industry trends and reinforcing their authority in the legal field

Collaboration with Market Leaders

We work with major corporations and key market players

46 years

Of Combined Experience

FAQ

Is it possible to enter into an arbitration agreement after a dispute has arisen?

Yes, it is possible to conclude a separate agreement to refer an already existing dispute to arbitration.

What if the arbitration award is made in a country that is not a party to the New York Convention?

In such a case, its execution is possible only in accordance with the national legislation of the state where it is presented for execution.

Is it possible to simultaneously file a claim in arbitration and in state court?

No. If there is a valid arbitration agreement, the state court is obliged to dismiss the case.

What needs to be done to protect interests?

Recommended:

it is necessary to formulate an arbitration and legal clause;
determine the place of fulfillment of obligations;
identify the location of the counterparty's assets;
provide for security measures and a procedure for exchanging documents.

Is it possible to challenge an arbitration award if it seems unfair?

Yes, but the grounds for challenging an arbitration award are limited. Under the New York Convention of 1958, an award may be challenged if the arbitration agreement is invalid, a party's procedural rights have been violated (e.g., failure to provide notice of the proceedings), the tribunal has exceeded its powers, or the award is contrary to public policy. A subjective perception of unfairness is not a sufficient ground.

How to choose a suitable arbitration institution to resolve a dispute?

The choice depends on the specifics of the dispute and the interests of the parties. Often, the ICC (Paris) is chosen for complex transnational contracts, SIAC (Singapore) for Asian transactions, and the ICAC at the RF CCI for disputes with a Russian element. It is important to consider the reputation of the institution, the language of the proceedings, the cost and the applicable law, and to provide for this in the arbitration clause.

What to do if a foreign counterparty evades enforcement of a court decision?

If the award is made by a foreign court, it may be enforced in the jurisdiction where the counterparty's assets are located, if there is an international treaty on legal assistance or the principle of reciprocity. For arbitration awards, the New York Convention applies. It is also possible to turn to third jurisdictions or initiate collection procedures through related companies.

Can mediation be used to resolve an international commercial dispute?

Yes, mediation is an effective way to resolve disputes, especially if the parties want to maintain business relations. It is regulated, for example, by the Singapore Convention 2018, which ensures the enforcement of settlement agreements in participating countries. Mediation allows the parties to work out a solution themselves with the help of a neutral mediator, saving time and costs.

All questions and answers

All articles

Digital Law Russia

Myths and Facts About the Digital Ruble

What is the difference between cash and non-cash money? Who issues cash and non-cash currency? And how does the digital ruble differ from non-cash funds?

Contract Law Contract for work and services Russia

How a Contractor Can Recover a Retention Payment Under a Contract for Work and Services

A guarantee retention is a portion of the payment under a contract for work and services that the client withholds from settlements with the contractor for the duration of the warranty period for the quality of the completed work. As a rule, a few percent of the contract price is withheld, and the amount and conditions for its return are specified in the contract. In practice, the contractor receives this money with a delay — after the agreed warranty period has expired or after other conditions have been met (for example, the commissioning of the facility), provided that the client has no claims regarding the quality of the work.

Contract Law Contract for work and services Russia

How to Recover Payment for Additional Work Under a Contract For Work and Services?

A contract for work and services assumes that the contractor performs the agreed scope of work for a specified price. However, in practice, additional work often arises that was not included in the original estimate or technical documentation. The issue of payment for such work frequently becomes a stumbling block between the client and the contractor. This article explains when the client is obliged to pay for additional work, how to document it properly, and what actions the contractor should take if payment cannot be obtained.

All articles