Case law on force majeure and hardship in international commercial contracts: a brief overview by Dmitry Davydenko – see a video recording. See also a summary: ICC cases – Force Majeure and Hardship. Dmitry Davydenko This is a brief review of the conclusions contained in the published arbitral awards in the cases under the Rules of […]
Dmitry Davydenko. International Commercial Arbitration Court (ICAC) and Maritime Arbitration Commission (MAC) at the Russian Federation Chamber of Commerce and Industry // World Arbitration Reporter. Second edition. JurisNet LLC. 2019. Volume 2. National Arbitration Institutions.online pharmacy https://www.mydentalplace.com/wp-content/uploads/2020/07/new/wellbutrin.html no prescription drugstore Download full text (reproduced with permission from JurisNet).
Dmitry Davydenko. Transnational Dispute Settlement at the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry // Transnational Dispute Management Journal MARIS.online pharmacy https://www.arborvita.com/wp-content/themes/spacious/inc/new/cymbalta.html no prescription drugstore The Netherlands. Volume 17 – Issue #01 – January 2020. Abstract The International Commercial Arbitration Court at the Chamber of Commerce and Industry of the […]
The Max Planck Institute for Comparative and International Private Law will host a CIS Roundtable, a regular discussion forum on legal, political and societal developments in the post-Soviet region. The Roundtable takes place on 12 June 2018 at 4:00 p.m. Dr. Dmitry Davydenko will be speaking on the topic “Cross-border enforcement of settlement agreements under the new UNCITRAL framework: The Russian perspective”. The organizer […]
Mediation at the Russian Chamber of Commerce and Industry Presentation by Dmitry Davydenko. The Russian Chamber of Commerce and Industry comprises a Panel of mediators established in 2006 and actively involved in settlement of commercial disputes, both international and domestic.
International arbitration in Russia under the new legislative framework Presentation by Dmitry Davydenko at CIS-Roundtable hosted by the Max Planck Institute for Comparative and International Private Law (Hamburg, 5 October 2017). CIS-Roundtable is a regular discussion forum on the legal, political and societal developments of the post-Soviet region.
The Max Planck Institute for Comparative and International Private Law will host a CIS Roundtable, a regular discussion forum on legal, political and societal developments in the post-Soviet region. The Roundtable takes place on 5 October 2017 at 4:00 p.m. Dr. Dmitry Davydenko will be speaking on the topic “International arbitration in Russia under the new legislative framework”. The organiser […]
Russian arbitration legislation reform has triggered a large-scale revision of regulations of arbitral institutions. One of the oldest arbitral institutions in Russia, the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry (the “ICAC”), has adopted new regulations and rules, including new rules on resolving international commercial disputes. Previous rules came into […]
Kryvoi, Yaraslau and Davydenko, Dmitry, Consent Awards in International Arbitration: From Settlement to Enforcement (November 7, 2015). online pharmacy https://desiredsmiles.com/wp-content/themes/twentynineteen/inc/new/zovirax.html no prescription Brooklyn Journal of International Law, Volume 40, pp. 827-868, 2015. Full text available at SSRN.
Recently investors vigorously but unsuccessfully tried to revive an arbitral award against the Kyrgyz Republic in the Russian courts. On 20 July 2015 the Arbitrazh Court of the Moscow Circuit rejected the cassation claim of companies Stans Energy Corp. and Kutisay Mining and upheld the ruling of the Arbitrazh Court of the first instance. The court upheld […]
Давыденко Д.Л. Международная принудительная исполнимость арбитражных решений на согласованных условиях (International Enforceability of Consent Awards) В статье рассматриваются некоторые особенности применения положений ст. V Конвенции ООН о признании и приведении в исполнение иностранных арбитражных решений 1958 г. («Нью-йоркская конвенция») к арбитражным решениям, вынесенным на согласованных условиях.online pharmacy https://kendrickfoundation.org/wp-content/uploads/2022/09/new/clomid.html no prescription drugstore Проводится анализ того, насколько применимы к […]
Since 2013 the Russian legislator is reforming arbitration laws of Russia. The reason for the reform was a the lack of consistency in Russian arbitration regulations, existence of so-called “pocket arbitration tribunals” and sham arbitration tribunals. The reform aims to facilitate the stability and transparency of the system. The first draft law on arbitration was introduced by Russian Ministry of […]
In January 2015 the Russian Supreme Court refused to enforce the Resolution of Paris Appellate Court No. RG 09/19535 dated 18 November 2010 on the collection of EUR 150,000 from the Government of Kaliningrad Region for the Republic of Lithuania. The case highlights the importance of a foreign judge giving reasons in a clear way in order for the decision to be […]
University program on ADR (in Russian language) authored by Dmitry Davydenko published in “Arbitration” (“Treteyskiy sud”), one of the few Russian legal journals specialised on ADR. The program for master students includes arbitration, mediation and other conflict resolution techniques. Taught by the author in 2011-2014 at Higher School of Economics, Moscow, Russia. Full publication reproduced here (including the […]
Unlike in the United Kingdom or the United States, international forum shopping is rarely at issue in Russian case law or legal doctrine. However, disputes related to forum shopping do arise in Russia: it happens that the same disputes fall within the jurisdiction of national courts of several states, e.g. the national court of the […]
2013 was an important year for international arbitration in Russia. Numerous important court judgments were rendered by the higher courts. A large-scale and ground-breaking legislative reform is underway. Some new high profile arbitrations were commenced. We have selected and summarised the 10 most important events related to international arbitration last year. 1. Launch of legislative […]
Competition and cooperation between legal systems is the opening theme of the plenary session of the International Legal Forum in Saint Petersburg on 15-18 May 2013. In October 2012 the Presidium of the Russian Supreme Commercial Court (“SCC”) issued a resolution dealing with competition between foreign and Russian jurisdictions which is relevant to this session and of interest to international litigation practitioners. […]
One of the most influential members of the Russian legal community – Henry Reznik, president of the Moscow Chamber of Advocates – recently vigorously criticised the International Commercial Arbitration Court at the Russian Chamber of Commerce (the “ICAC”), a respected Russian arbitral institution. Mr Reznik expressed his surprise that the Presidium of ICAC, without giving […]
The task to create in the former USSR an international body comparable to the Court of the European Union is challenging. But this has already started to take shape: such a body not only exists, but it has already heard and resolved its first case, which was initiated by a Russian company. The Eurasian Economic Community (“EurAsEC”) currently includes […]
The Presidium of the Russian Supreme Commercial Court has clarified its position on the authority to conclude arbitration agreements. The general counsel of a company branch concluded a contract with an arbitration agreement under a power of attorney authorising him to represent the company at court and in particular to settle disputes or to refer […]
A settlement agreement can be concluded even after the arbitral tribunal has rendered an award in the case, and such an agreement can be approved by the same arbitral tribunal as a consent award. The Russian Supreme Commercial Court (the “SCC”) Presidium reached this conclusion on June 7, 2012. The circumstances of the case were as […]
On the last day of summer in 2012 the High Court of Justice in England closed the last chapter on the Berezovsky v Abramovich case. It dismissed both claims of the former Russian tycoon Boris Berezovsky. Berezovsky had claimed a sum of in excess of 5.6 billion USD as compensation for unprofitable transactions. He alleged that at […]
As we reported back in May 2011 the Russian Constitutional Court has confirmed that disputes relating to the transfer of title to immovable property are arbitrable, as well as other disputes of an essentially private law nature. The decree rendered by the Constitutional Court resulted from a July 2010 request of the Presidium of the Russian Supreme Commercial Court […]
The Moscow International Financial Centre (the “MIFC”) initiative has selected Alternative Dispute Resolution in Russia as one of its key themes. In June 2012 the ADR Workstream of the UK-Russia Liaison Group on Moscow as an International Financial Centre prepared its Final Report (the “Report”) concerning ways in which to improve ADR mechanisms in Russia. The […]
A recent case handed down by the Supreme Commercial Court of the Russian Federation (the “SCC”) marks a further step by it towards the favouring of arbitration in Russia. The SCC confirmed that notifying a branch of the opposing party in arbitral proceedings is sufficient for the purposes of satisfying the due notice requirement. Also, […]
The case illustrates a pro-arbitration approach of the Supreme Commercial Court of the Russian Federation (hereinafter referred to as “SCC”) in their interpretation of arbitration clauses. OJSC “Kuznetskbusinessbank” (hereinafter referred to as “the Bank”) applied to the Arbitrazh Court of Saint-Petersburg and Leningradskaya Region for a writ of execution to enforce an award to recover […]
The Supreme Commercial Court of the Russian Federation (“the SCC”) demonstrated over the last years a general trend of SCC to interpret law in a pro-arbitration light so that to avoid formalistic and unwisely restrictive approach to applying the law. Below is just one example of such pro-arbitral approach of SCC. This case also illustrates […]
The Presidium of the Russian Supreme Commercial (arbitrazh) Court filed a request in the Constitutional Court to evaluate the constitutionality of a several provisions of the Russian Law “On International Commercial Arbitration” and the Federal Law “On Arbitration Tribunals in the Russian Federation”. In particular, provisions of these laws related to arbitrability of disputes related […]
The new Russian Law on Mediation which entered into force in January 2011 imposes special requirements on those who want to become professional mediators. In order to become a professional mediator apart from having a university degree, it is necessary to pass a special mediation training according to a program approved as established by the […]
The Ministry of Economic Development of the Russian Federation has recently proposed amendments to the Federal Law “On International Commercial Arbitration”. The amendments reflect more than fifteen years of application of that Law. They also reflect the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration which was the basis for the Russian […]
The arbitral tribunal may consider evidence in any language even if the parties agreed upon a particular language of the arbitration, the Russian Constitutional Court confirmed. Russian parties trying to enforce arbitral awards sometimes apply to the Russian Constitutional Court to clarify the meaning of the Federal Law “On International Commercial Arbitration”.This law almost completely […]
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