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Информационный обзор практики Международного арбитража (Ноябрь, 2013)

New amendments to the Civil Code have significant implications for international investors.

On 1 October 2013, President Vladimir Putin signed into federal law amendments to Part III of the Civil Code of the Russian Federation. This action was part of the adoption of the fourth package of major amendments to the Civil Code. The amendments went into force on 1 November 2013 and affect private international law; therefore, these are of great importance to international investors.

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Federal court limits an arbitration clause in a private law contract with governmental participation.

The Superior Court has upheld the decision of the Arbitration Court of Moscow that found that the International Commercial Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation (ICAC) was not competent to settle the dispute between S+T Handelsgesellschaft (a German company) and the Moscow Government (case No. A40-41781/2013). Reversing the ICAC Resolution, the Arbitration Court of Moscow ruled that the relationship between the Moscow government and the department of construction in the matter could not be characterized as a private law relationship, and that the arbitration clause therefore could not be extended to the Moscow government.

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New York proceedings on Tymoshenko claims are terminated.

The U.S. District Court for the Southern District of New York has dismissed without prejudice a case filed by former Ukrainian Prime Minister Yulia Tymonshenko against RosUkrEnergo (RUE) and other defendants. The court's order of 10 September 2013 gave Tymonshenko and the other plaintiffs 60 days to reopen the case.

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Credit issued by a foreign bank does not constitute the business of banking in the territory of Russia.

A new idea concerning the possibility of offering credit to Russian companies by foreign banks is forming in Russia. Two informative judicial cases take a stand on this matter, one in Moscow, and another in Novosibirsk. These cases involve credit extended by the Halyk Bank of Kazakhstan to Russian companies.

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