Framework Agreements (FAs) are like swimmers on a mixed medley relay. Each one does something different and it can be hard to understand what is going on. They are nevertheless used in many cross-border transactions in Russia, so here is an A-to-Z checklist to consider when negotiating FAs.

A carve-out of a business unit or a product portfolio may be required to optimize internal business processes or as part of a transaction on the sale of a business.

Despite the severe damage inflicted by COVID-19 on the Russian economy, the government and businesses have agreed that the local IT sector needs state incentives and support. Calls for accelerated development and state support for the local IT sector were among the main messages of several state agencies when the Russian president and government announced a series of tax benefits for the IT industry.

On February 24, 2021, CEE Legal Matters reported that Russia’s Intellectual Capital law firm had persuaded the Moscow Arbitrazh Court that a requirement that participants in a Rosatom tender for legal counsel be ranked in Legal 500 and Chambers and Partners was illegal and violated Russian competition law. CEELM spoke with several lawyers in the market to learn more about the matter.

In his recent Guest Editorial EY’s Georgy Kovalenko spoke of a rising trend of large companies building up their in-house legal functions to the point where they will not only compete with law firms in terms of catering to their internal clients but will also slowly branch out into offering their services to other companies. CEE Legal Matters spoke with Eugenia Volkoskaya, General Manager of Gazpromneft Expert Solutions – an enterprise that, while not there just yet, seems poised to do exactly what Kovalenko was foreseeing.

Halfway through the third quarter, 2021 is proving to be a good year for the Russian market, both in terms of M&A activity and a frothy IPO market. This uptick in part reflects unleashing the demand pent up over the COVID-19 recession (although Russia continues to struggle with the pandemic), as well as the upturn in global energy prices (given the oil & gas sector continues to lubricate the Russian economy).

The 26th UN Climate Change Conference, taking place in November 2021, and the recently published EU proposals on the Carbon Border Adjustment Mechanism have been at the top of the agenda, this summer, for the majority of Russian energy and other industrial corporations. The green agenda has never been so acute in Russia, the current level of business engagement in the preparations for negotiations on the implementation of Article 6 of the Paris Agreement cannot compare to the one during the Kyoto Protocol period.

France's Altana, Italy's Nctm, and Germany's Beiten Burkhardt (which includes an office in Moscow) have announced the launch of their new law firm association, Advant, aimed at international clients moving into or expanding within Europe.

In its July 2020 Schrems II judgment, the Court of Justice of the European Union invalidated the Privacy Shield for EU-US personal data transfers for commercial purposes. In a case concerning data transfers by Facebook Ireland to the US, the court concluded that because of its mass surveillance programs, the US does not provide the adequate – that is, a sufficient – level of personal data protection that is guaranteed by EU law. What conclusions may be drawn from Schrems II for personal data transfers to Russia almost one year later?

The influence of digital technologies on all spheres of life is currently on the increase. This has led to intellectual activity appearing in a variety of digital formats. One of them is the Non-Fungible Token (“NFT”).

In July, new Arbitration and Mediation Rules of the Vienna International Arbitration Centre ("VIAC" and "VIAC Rules") entered into force. The revised VIAC Rules will apply to arbitrations commenced after 30 June 2021.

The mechanism of patent protection is most in demand in the Pharmaceuticals industry, and a review of judicial practice in Russia demonstrates how zealously pharmaceutical companies protect their exclusive rights to gain a market advantage.

Konstantin Kroll, Partner and Head of Russian Corporate and M&A Practice at Dentons in Moscow, reports that the Russian economy has experienced a rise in M&A transactions and that the government has taken steps to curb offshoring, regulate convertible loans, and increase the number of international arbitration tribunals in the country.

CMS' Malgorzata Surdek-Janicka has been appointed as Vice-President of the International Court of Arbitration at the International Chamber of Commerce in Paris. Aside from Surdek-Janicka, 33 lawyers from CEE were appointed as members and alternate members of the court.

In the first half of 2021, we at VEGAS LEX completed a survey among 100+ foreign lawyers to reveal myths concerning dispute resolution in Russia. In most questions, the respondents were asked to choose “True” or “False” on the proposed statements.

International arbitration is a highly popular instrument of the dispute resolution, and, therefore, the actual recovery of debts is a matter of high importance. Meanwhile, creditors often face problems in the process of recognition and enforcement of foreign arbitral awards in Russia. Statistics for 2020 shows that 87 of 244 claims submitted to Russian courts were dismissed (35.6%). This means that each third claimant cannot count on receiving the funds in reality.

Timur Khasanov-Batirov, former Head of Compliance for Russia & CIS at the Stada Group, has returned to private practice by joining Eterna Law as Partner and Head of the firm’s Compliance Practice.

Most changes in Russian commercial real estate law in 2020 were associated with the COVID-19 pandemic and the governmental bans and restrictions introduced in connection with it.