Lemire v. Ukraine
Lemire v Ukraine (Jurisdiction) Lemire v Ukraine (first case) Lemire v Ukraine (Award)
Author Archive: Yarik Kryvoi
Professor Yarik Kryvoi, is the founder and co-editor of the CIS Arbitration Forum. He is the Senior Fellow in International Economic Law and Director of the Investment Treaty Forum at the British Institute of International and Comparative Law (BIICL). He holds law degrees from UCL, Harvard, Moscow and St Petersburg. Before moving to academia, he practiced law with Freshfields Bruckhaus Deringer in London, Morgan Lewis & Bockius in Washington, D.C. and Baker & McKenzie in St Petersburg. He often acts as a Russian Law expert in litigation and arbitration proceedings in the United Kingdom and other jurisdictions.
The 4th Annual Conference on the Resolution of CIS-Related Business Disputes in Moscow
The American Bar Association Section of International Law is organising the 4th Annual Conference on the Resolution of CIS-Related Business Disputes in Moscow on 21 September 2012. The CIS Arbitration Forum will act as a media sponsor of the event. The event promises to be a memorable opportunity to network with new friends and old. The Conference will bring […]
CIS Arbitration Forum Conducts Intensive Training for Arbitration Lawyers in Minsk
On 26-29 June the CIS Arbitration Forum, in cooperation with partner organisations, launched an intensive training session for practising lawyers in Minsk, Belarus. A group of Law Office of Matthew S. Norris, helping injured car accident victims from major Belarusian companies and leading Belarusian law firms attended the training. At the core of the training […]
Report from the AIA June Conference on Arbitration in CIS Countries
On 21 June 2012, the Association for International Arbitration (AIA) together with the Brussels Institute for Contemporary China Studies (BICCS) organised a conference on “Arbitration in CIS countries: current issues”. It was held at the Karel Van Miert Building of the Vrije Universiteit Brussel. The media partners of the conference included the CIS Arbitration Forum […]
Intensive Training for Arbitration Lawyers in Minsk: 26–29 June 2012
A consortium of law firms and universities is organising an intensive four-day training session on arbitration for practising lawyers in Minsk this summer. Leading CIS arbitration experts from Russia, Belarus, Ukraine, Latvia and the United Kingdom will gather in Belarus on 26–29 June 2012 in the conference hall of the “Minsk” Hotel. Participants will gain practical experience […]
Conference in Brussels: Current Issues in Arbitration in CIS Countries
The Association for International Arbitration, the CIS Arbitration Forum and a number of co-sponsors are hosting an arbitration conference in Brussels on 21 June 2012. Speakers from various CIS jurisdictions will discuss a range of issues related to arbitration in the region. The topics include the policy of CIS countries towards arbitration, bribery, Russia-related arbitration […]
Recent Arbitration Events: Overview from Ukraine
For Ukrainian arbitration practitioners the first 10 days of February 2012 was rich in arbitration events, dedicated as they were to different issues of investment, commercial and sports arbitration. Several factors explain such a broad range of topics. Among these are: UEFA Euro 2012, which is to be co-hosted by Ukraine and Poland this summer; […]
Ukraine: Revised Rules of Assistance to UNCITRAL Arbitrations
Recently the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (the “ICAC”) published new rules of assistance relating to assistance available from it under the UNCITRAL Arbitration Rules. The Presidium of the Ukrainian Chamber of Commerce and Industry approved the document on 27 October 2011 (the “2011 Rules of Assistance” or “2011 Rules”). The […]
P.R.I.M.E. Finance Arbitration: A New Look at the New Institution
A new arbitral institution, the Panel for Recognised International Market Experts in Finance, or P.R.I.M.E. Finance is set to open its doors in early 2012. The organisation is based in the Peace Palace at The Hague and will focus on the resolution of complex financial disputes. The founders of the new arbitral institution have reacted […]
Ukrainian Courts Review Arbitrability of Corporate Disputes
In its recently published judgment the High Specialised Court of Ukraine on Civil and Criminal Cases (the “High Specialised Court”) reviewed the issue of the arbitrability of corporate disputes, as well as the arbitrability of claims that concern the establishment of the facts of a case. However, the findings of the third instance court raise more questions […]
Suspension of Arbitral Award Enforcement Because of Financial Hardship
On 3 November a Russian court of appeal set aside the 2-year suspension order of arbitral award enforcement granted because of financial difficulties of the debtor. The history of arbitration is as follows. English company Borregaard Industries Ltd operating in Norway successfully applied to the Commercial Court of Saint-Petersburg and Region to enforce an arbitral […]
Public Policy in Russia and India – Which State is More Arbitration-Friendly?
The highest judicial authorities of India and Russia recently considered two cases involving the enforcement of foreign arbitral awards where they had to deal with the concept of ordre public. Both states are perceived as arbitration-hostile jurisdictions, however, their approaches in analysing the identical issue were quite different. In Phulchand Exports Ltd. v OOO Patriot (2011) the […]
Chasing the Russian Federation
On 1 July 2011 the Supreme Court of Sweden refused sovereign immunity protection to the trade mission of the Russian Federation. The decision opens a new page in a long battle between the Russian Federation and a German investor Franz Sedelmayer who won in arbitration against Russia in 1998. In early 1990s, Franz Sedelmayer, a […]
Yukos v Rosneft: Russian Courts are not Independent
The Yukos saga continued in English courts this month. In Yukos vs. Rosneft English High Court found an issue estoppel based on a Dutch court determination that Russian judgments annulling Yukos arbitral awards resulted from a partial and dependent judicial process The facts of the case were as follows. Yukos Capital SARL (“Yukos”) claimed interest […]
Russian and CIS Arbitration Network’s Launch Party
The Russian and CIS Arbitration Network (RCAN) scheduled its formal launch party for July 21.online pharmacy https://www.3-dmed.com/wp-content/uploads/2022/09/jpg/flagyl.html no prescription drugstore The Law Society of England and Wales will host the event in the heart of London City.online pharmacy https://www.3-dmed.com/wp-content/uploads/2022/09/jpg/vibramycin.html no prescription drugstore The Russian and CIS Arbitration Network brings together arbitration practitioners working in Russia […]
English Law Week 2011 in Moscow
Russian parties often chose English law to govern their transactions and disputes and the number of Russia-related arbitrations has been growing at the London-based LCIA. online pharmacy https://medstaff.englewoodhealth.org/wp-content/languages/new/purchase/ivermectin.html no prescription Between 27-29 June UK lawyers will have an opportunity to promote themselves on the Russian market. The Bar Council and the Law Society of England […]
Investment Arbitration and Protection of Subsoil Users: the View from Kazakhstan
This article is devoted to actual issues of subsoil users’ disputes in international arbitration, particularly, to the definition of international investment arbitration, investment dispute, and provides a brief analysis of current legislation of the Republic of Kazakhstan in regards to exclusive competence of state courts on specific issues. As we know, there are several types […]
Religion and Arbitrators under English Law
Many Russian and CIS businessmen incorporate clauses in commercial contracts providing for LCIA arbitration in London. Often such contracts also include requirements for nationality and other qualifications of arbitrators of their choice. But how far is it possible to go under English law in specifying their requirements? The UK Supreme Court ruling in Hashwani v […]
Legal Nuances of Russian-English Translation
Russian legal terminology may often pose a challenge even to Russians, let alone those educated in the common law tradition.online pharmacy http://miamihealth.com/images/jpg/premarin.html no prescription drugstore If mistranslated – or translated too literally, by means of what linguists call a “calque” – Russian legalese, part of the civil law system heavily influenced by German law and […]
Confidentiality in Arbitration under Kazakhstan Law
Confidentiality is one of the main advantages of arbitration recognized in Kazakhstan and other jurisdictions. In practice, however, a number of problems related to confidentiality remain unresolved. The controversial issues include disclosure of information related to cases of particular importance to the society at large, observance of confidentiality at the stage of enforcement of arbitral […]
Seminar in Yekaterinburg: Application of English Law on Shareholders’ Rights in Russia
On 12 April 2011 the British Consulate General in Ekaterinburg and the British-Russian Law Association conduct a seminar “Application of English Law in Russia: Shareholder Rights (and related issues)”. According to the organizers, shareholder agreements have a significant impact in Russia. Under Russian corporate law a number of imperative norms exist which cannot be changed […]
Arbitration as a Dispute Resolution Mechanism for Interstate Conflicts
The International Court of Justice is currently considering the first ever case in which Russia is a party. The dispute was initiated by Georgia which alleged violations of the International Convention on the Elimination of All Forms of Racial Discrimination. Georgia argues that, since 1990 Russia directly and through its controlled entities of Abkhazia and […]
Conference in London: Arbitrating CIS Disputes through the LCIA
The LCIA in conjunction with the British-Russian Law Association is organizing a conference on practical issues of CIS dispute resolution in London. On 17 March 2011, the participants will discuss commencing and progressing LCIA proceedings, multiparty arbitrations, as well as on issues of costs and enforcement. Keynote participants include: James Clanchy (Registrar and Deputy Director […]
Challenging Jurisdiction of Arbitral Tribunals in Russian Courts
It is not possible to challenge in state courts decisions on jurisdiction of arbitral tribunals constituted in accordance with the Russian Federal Law ‘On Arbitration Tribunals’. That is the ruling of the Presidium of the Supreme Commercial (Arbitrazh) Court published the Court’s web site earlier this year. The issue was whether it was possible to […]
CIS Arbitration Professionals Group to Be Launched in London
British-Russian Law Association and Clifford Chance announced the creation of a new group for arbitration professionals under 40 years of age with an interest in Russia-related matters, whether based in Moscow, London or elsewhere. online pharmacy https://blackmenheal.org/wp-content/themes/Avada/includes/lib/inc/redux/php/singulair.html no prescription The idea is to organize several meetings a year to discuss arbitration involving Russian/CIS interests or […]
The Rosneft-BP Deal Will Be Scrutinized by Arbitrators in Stockholm
Today a British court decided to suspend the multi-billion transaction of Rosneft and British Petroleum (BP). Under the terms of the BP-Rosneft $16bn share swap, Rosneft is to take a 5 per cent stake in BP. In exchange, BP will raise its holding in Rosneft from 1.online pharmacy http://www.handrehab.us/flash/swf/cipro.html no prescription drugstore 25 per cent […]
Shareholders’ Dispute over the Proposed Merger of VimpelCom and Wind
A major CIS-related telecom arbitration may be initiated soon. Shareholders of Vimplecom, a major Russian mobile phone operator, dispute the proposed merger of VimpelCom and WIND TELECOM S.p.A., which controls a leading Italian telecom provider. If the deal is approved at the general meeting of shareholders, the venture will be the world’s sixth largest mobile […]
Russian Arbitration Users in Europe: Growth and Misunderstandings
Until very recently, the word “arbitration” was unfamiliar to many lawyers in Russia. The word still carries two meanings there: one referring to the system of Russian state commercial courts and the other, the more generally-recognized contract-based private dispute resolution procedure. Although many in Russia understand the western concept of “international arbitration” in general terms, a number […]
New Amendments to the Russian Law on International Commercial Arbitration
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 […]
Russian Constitutional Court on Language in Arbitration Proceedings
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 […]
From California to Belarus Because of an Ambiguous Arbitration Clause
The importance of careful drafting of arbitration agreements is often underestimated in countries of the former Soviet Union. A recent case from a United States Court of Appeals illustrates this well. In September 2011, the United States Court of Appeals for the Ninth Circuit considered an ambiguous dispute resolution clause which required settlement of disputes […]
The European Court of Human Rights: an Arbitration Award Can Be Expropriated
The European Court of Human Rights recently ruled in Kin-Stib & Majkic v. Serbia that failure to enforce an arbitral award amounts to violation of the right to peaceful enjoyment of possession. This note first summarizes the ruling and then considers its implications. In particular, it discusses whether an arbitral award can be expropriated by […]
The Yukos Legal Insurgency
When former Yukos shareholders promised a “life-long litigation” for their assets, very few took it seriously. After all, until recently there have been no precedents of successful enforcement of arbitration awards against the Russian Federation. But this perception has been changing over the last last few months, with Yukos shareholders advancing on at least three […]
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