The Nonarbitrability of Corporate Disputes in Russia

Abstract

In a recent case, Novolipetsk Metallurgical Company v. Maximov Russia's highest commercial court, the Supreme Arbitrazh Court, has ruled that corporate disputes are not arbitrable in Russia. This article examines the Court's decision on the arbitrability of corporate disputes and contrasts it with other decisions in Russia and elsewhere that have broadened the scope of arbitrability. The conclusion is that the Maximov decision by Russia's highest commercial court makes Russia less hospitable to international commercial arbitration and runs counter to other measures being taken in Russia to make it a center for international commercial arbitration.