In 2022, the laws changed due to sanctions, countermeasures and foreign companies’ withdrawal from Russia. This also affected the conduct of cases in the courts. For example, the public policy clause is now actively used in disputes involving the recognition of an international arbitral award. Moreover, the Intellectual Property practice is seeing the courts prioritise economic interests over legal ones. In addition to industry changes, at the Pravo.ru Litigation Forum experts discussed issues of settlement agreements, challenging judges, and how to file a counterclaim.
Anna Zabrotskaya, Partner, Attorney-at-Law and Head of the Dispute Resolution Practice, highlighted the changes that are taking place in the field of international arbitration. Among the trends in this area, Anna singled out “partiality”, when foreign lawyers and experts refuse to cooperate with Russian persons for political reasons. Anna also drew attention to the topic of recognition and enforcement of foreign arbitral awards, where the courts have again begun to actively apply the public policy clause.