Author Archive: Dmitry Davydenko
Dr Davydenko directs and co-edis the CIS Arbitration Forum. He is a lawyer with 20+ years experience in Russian and transnational law. He teaches law at Belarusian State University, Department of International law, MGIMO (Tashkent), and other law schools in France, Russia and other jurisdictions.
Dmitry Davydenko has experience as an arbitrator in the ICC and other arbitral proceedings and is listed as a recommended arbitrator of DIAC, HKIAC, TIAC as well as of other reputed arbitral institutions.
Included in the list of best practitioners in arbitration in Russia as of the years 2017 through 2021 (a Global leader for 2022) by Who’s Who Legal and Global Arbitration Review (GAR).
He also acts as a Russian law expert on various matters related to international commerce.
Author's Website →
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 […]
ICDR Young and International announced its fourth annual event in Russia: ICDR Y&I Seminar for Young Practitioners – “Two Rapid-Fire Discussions on International Arbitration and Mediation”. CIS Arbitration Forum is a media sponsor of the event. The event is organized in cooperation with the American Bar Association’s Section of International Law, the Chamber of Commerce and Industry of […]
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, […]
At the end of December 2011 a number of aspects concerning the functioning of the Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation (MAC) changed. In particular, a new list of MAC arbitrators was approved and the MAC Rules were amended. In addition, the procedure for the election of […]
It happens that even if arbitral awards were set aside in jurisdiction where they were rendered they are still enforced in other jurisdictions. The Pakistan v. Dallah case where French court refused to set aside an award which the UK Supreme Court rendered unenforceable. In Hilmarton and Putrabali cases French courts recognized and enforced an arbitral […]
Major amendments will be introduced to the Federal Law “On International Commercial Arbitration” in the immediate future. A bill proposed before the lower chamber of the Russian Parliament is intended to make Russian legislation on international commercial arbitration conform with the Model Law on International Commercial Arbitration, as amended by the U.N. Commission on International […]
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 […]
LCIA will be hosting a symposium on International Commercial Arbitration on 26 to 27 May 2011 in Moscow. International arbitration practitioners will give brief presentations on some of the most important problems, critical to establishing and maintaining an arbitration-friendly environment, in which the international business community may have confidence. The symposium participants include: Professor Boris […]
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 […]
A somewhat bizarre court decision has recently been taken in Ukraine which may affect businesses’ perception about Ukraine being an arbitration-friendly jurisdiction. On 20 January 2010, a Ukrainian company Signus filed a lawsuit against Austrian Slav Handel and others (hereinafter “Signus v. Slav Handel”). Signus sought sought in the Kiev Economic Court invalidation of certain […]
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 […]
On 3 February 2010 a new bill related to arbitration was introduced to the Ukrainian parliament – Verkhovna Rada. The proposed amendments change Article 6 of the Law on Arbitration Courts which governs competence of arbitration tribunals. It purports to exclude consumer disputes from jurisdiction of arbitration tribunals, thus making such disputes non-arbitrable in Ukraine. […]
The Supreme Arbitrazh Court of Russia in the Decree No. 10848/10 dated 14.12.2010 refused recognition and enforcement of an arbitral award on the ground of contrariety to the Russian public policy. The Court upheld the reasoning of the lower instances stating that the arbitral award violated the fundamental principles of the Russian law. Arbitration court […]
In January 2011 the very first settlement agreement reached by means of mediation in accordance with the new Federal Law on Mediation having which became effective on January 1, 2011. The preliminary court hearing in proceedings chaired by judge Sorokina of the Arbitrazh Court of the Omsk region was broadcast via videoconferencing system from the Russian Supreme […]
Posted in: Uncategorized
Connect
Connect with us on the following social media platforms.