Commercial Arbitration

Bankruptcy Cases Not Arbitrable In Kyrgyzstan

Bankruptcy Cases Not Arbitrable In Kyrgyzstan

A decision of the Supreme Court of Kyrgyzstan of 20 August 2013 confirms that bankruptcy issues are not capable of settlement by arbitration under the laws of Kyrgyzstan. The decision may be seen as a clarification that the relevant restriction applies both to domestic and international arbitration. Facts of the Case In a contract concluded […]

By 14 November, 2013 0 Comments Read More →
More on Asymmetrical Arbitration Clauses from the Russian Courts

More on Asymmetrical Arbitration Clauses from the Russian Courts

In 2012 the Supreme Commercial Courts famously voided a dispute resolution clause, which entitled only one of the parties to choose between arbitration and litigation. Now the Russian courts have to decide whether to enforce a clause, which provides that the buyer should submit all its claims to arbitration, while the supplier should litigate any […]

A Landmark Decision on Validity and Enforcement of Arbitration Clauses in Russia

A Landmark Decision on Validity and Enforcement of Arbitration Clauses in Russia

Earlier this week, the Presidium of the Supreme Commercial Court released the full text of its resolution in Bosch v. Avtosped (a case we covered earlier). Unsurprisingly, the court dismissed Bosch’s claims and referred them to arbitration. However, the Supreme Commercial Court used the case to go over some basic rules that the Russian courts […]

RAA 40 Seminar in Moscow on Waiver of the Right to Set Aside an Award

RAA 40 Seminar in Moscow on Waiver of the Right to Set Aside an Award

RAA40 invites you to its inaugural RAA40 meeting, which will take place on 17 October 2013 from 9 am to 10:30 am at 22 Tverskaya Street, Summit Business Centre, 9th Floor. Hogan Lovells (CIS) has agreed to host the meeting and CIS Arbitration Forum will act as information sponsor of the event. The organisers invite discussion of the following topic that […]

By 8 October, 2013 0 Comments Read More →
ABA Conference – Is Russia Becoming More Arbitration-Friendly?

ABA Conference – Is Russia Becoming More Arbitration-Friendly?

The ABA’s Fifth Annual Conference on the Resolution of the CIS-Related Business Dispute took place on 27 September 2013 in Moscow. More than 140 delegates from around the globe attended the conference, which featured six panels and a set of mock hearings in a complex cross-border dispute. The conference’s panels covered a broad spectrum of […]

By 5 October, 2013 0 Comments Read More →
Russia’s Supreme Commercial Court Questions Impartiality of Party-Affiliated Arbitral Institutions

Russia’s Supreme Commercial Court Questions Impartiality of Party-Affiliated Arbitral Institutions

The Supreme Commercial Court is set to rule in two cases, which revolve around the fundamental principle of nemo iudex in causa sua. The cases arise out two arbitral awards. First case: the Arbitration Court of Gazprom rendered an award in favour of a Gazprom-affiliated entity. Second case: the tribunal administered by the Center of Dispute […]

By 30 September, 2013 0 Comments Read More →
В Минске состоится II Международный юридический форум ICC LEX MERCATORIA

В Минске состоится II Международный юридический форум ICC LEX MERCATORIA

Международный арбитражный суд ICC (Париж), Международный арбитражный суд при БелТПП, ОО «Белорусский республиканский союз юристов», Российский национальный комитет ICC (ICC Russia, Москва), юридический факультет БГУ при поддержке ООО «ЮрСпектр» (производитель справочных правовых систем «КонсультантПлюс»), информационной поддержке журнала «Промышленно-торговое ПРАВО» и CIS Arbitration Forum 29 ноября 2013 г. в Минске проводят II Международный юридический форум ICC LEX […]

By 30 September, 2013 0 Comments Read More →
The Value of Expropriated Oil Assets Arbitrated at ICDR Y&I Seminar in Moscow

The Value of Expropriated Oil Assets Arbitrated at ICDR Y&I Seminar in Moscow

On 26 September the International Centre for Dispute Resolution Young & International (ICDR Y&I) held a seminar on damages in international arbitration on the premises of the Independent Arbitration Chamber, Moscow. The discussion focused on two issues: (i) valuation date and (ii) pre-award interest. Ms Noradèle Radjai (member of the Executive Board of ICDR Young […]

By 29 September, 2013 0 Comments Read More →
Foreign Litigations Involving CIS Parties

Foreign Litigations Involving CIS Parties

British Virgin Islands Cucurova Finance International Limited v. Alfa Telecom Turkey Ltd. Cucurova Finance International Limited v. Alfa Telecom Turkey Ltd (Privy Council) The United Kingdom Abramovich v. Berezovsky Abramovich v. Berezovsky (Decision) BNP Paribas SA v. OJSC Russian Machines & ors BNP Paribas SA v. OJSC Russian Machines & ors (2011) BNP Paribas SA […]

By 13 September, 2013 0 Comments Read More →
Necessary Joinder in Arbitration as a Way to Get an Enforceable Award

Necessary Joinder in Arbitration as a Way to Get an Enforceable Award

On 19 August the Federal Commercial Court for the Moscow Circuit rendered a decision showing how strong the chain of privity is. The Russian courts may quash an arbitral award if the tribunal has denied the claim of one of the joint creditors and the other one did not participate in the proceedings. Common privity […]

By 7 September, 2013 0 Comments Read More →
Reading between the Lines of the Lemmi Vertriebsgesellschaft Case

Reading between the Lines of the Lemmi Vertriebsgesellschaft Case

In June 2013, the Federal Commercial Court of the Moscow Circuit rendered a decision allowing the enforcement of an Order for Termination of Arbitral Proceedings issued by a Swiss arbitral tribunal (with B. Berger (chairman), R. Favre Schnyder and V. Heiskanen as arbitrators). The CIS Arbitration Forum has already covered this story.  Presently, the appeal to the Supreme Commercial […]

Supreme Commercial Court to Address Arbitral Tribunals’ Ability to Handle Complex Disputes

Supreme Commercial Court to Address Arbitral Tribunals’ Ability to Handle Complex Disputes

Later this year the Presidium of the Supreme Commercial Court will hear an appeal in ENEL OGK-5 v CJSC ROS Postakva and Worley Parsons Europe Energy Services Ltd. The issues before the court are the arbitral tribunal’s power to assess evidence and the effect an alleged lack of jurisdiction over part of the dispute has on […]

Internships with CIS Arbitration Forum

Internships with CIS Arbitration Forum

CIS Arbitration Forum is looking for interns to help with preparing materials offering cutting-edge insights into developments in international arbitration and cross-border dispute resolution. Interns will work in close cooperation with editors in London and Moscow to produce posts for the Forum as well as update and expand its library of documents. The applicants should […]

CAS Confirmed Strict Liability Principle in Match-Fixing

CAS Confirmed Strict Liability Principle in Match-Fixing

On 2 August 2013, the Court of Arbitration for Sport (CAS) published a press-release about the decision made in a complex and highly controversial case on match-fixing, involving ten individuals and two football clubs from Ukraine – FC Metalist Kharkiv (“FC Metalist”) and FC Karpaty Lviv (“FC Karpaty”). The Tribunal sanctioned the Sports Director of FC Metalist and six football players for being directly […]

Conference ‘Kiev Arbitration Days 2013: Think Big!’ Is Scheduled for November

Conference ‘Kiev Arbitration Days 2013: Think Big!’ Is Scheduled for November

The Kiev Arbitration Days 2013: Think Big! will take place on November 14-15, 2013 in the Radisson Blu Hotel. The conference is conducted under the auspices of the Ukrainian Bar Association. CIS Arbitration Forum is a media partner of the conference. The  event will bring together world-class dispute resolution practitioners and prominent arbitration experts to discuss […]