The Second-Look Doctrine in Russian Arbitrazh Courts

Abstract

This article provides a brief description of the second-look doctrine and an analysis of its implications for the Russian legal system in terms of legislation, case law, and doctrine. It contains a review of existing judgments by Russian Arbitrazh courts on the issue, with an analysis of the courts’ reasoning with regard to the effects of the secondlook doctrine. The article ends by noting that Russian law allows for two different interpretations—minimalist and the mixed—of the doctrine. These approaches require a different standard for court review of arbitral awards involving antitrust matters.