Commercial Arbitration

Ukraine’s Supreme Court Confirms the Respondent’s Burden to Prove Lack of Notice
By 27 May, 2014 0 Comments Read More →

Ukraine’s Supreme Court Confirms the Respondent’s Burden to Prove Lack of Notice

In a recent decision the Supreme Court of Ukraine confirmed that the respondent may not prevent enforcement of an arbitral award simply by claiming that it had not received notice.online pharmacy https://www.arborvita.com/wp-content/themes/spacious/inc/new/ventolin.html no prescription drugstore The decision also confirms that the respondent may not circumvent the general allocation of burden of proof mandated by the […]

Posted in: Commercial Arbitration, Domestic Proceedings
Award Enforcement in Russia: Forum Conveniens Rule
By 18 May, 2014 0 Comments Read More →

Award Enforcement in Russia: Forum Conveniens Rule

A significant number of foreign assets can be found in the territory of the Russian Federation. As such, the country may become a popular venue for the enforcement of arbitral awards against foreign entities. This post looks at Russian law and practice when it comes to enforcement of arbitral awards against parties that are not incorporated in […]

Posted in: Commercial Arbitration, Domestic Proceedings
Closer Scrutiny of Arbitral Awards Required If Fraud Is Alleged
By 12 May, 2014 0 Comments Read More →

Closer Scrutiny of Arbitral Awards Required If Fraud Is Alleged

Parties’ use of arbitration for improper purposes has been a topic of growing concern for the Russian business community, courts and state authorities. While an extensive overhaul of the Russian arbitration law to address these concerns is underway, courts employ available procedural mechanisms to combat abuse.online pharmacy https://kendrickfoundation.org/wp-content/uploads/2022/09/new/trazodone.html no prescription drugstore This week the Presidium of […]

Posted in: Commercial Arbitration, Domestic Proceedings
Ambiguous Clause Successfully ‘Cured’
By 4 May, 2014 0 Comments Read More →

Ambiguous Clause Successfully ‘Cured’

Russian courts have traditionally been cautious in dealing with ambiguous and too general arbitration clauses. Where parties agree that their disputes “shall be resolved by arbitration” without more the clause is unlikely to be enforced. However, Russia’s participation in the European Convention on International Commercial Arbitration (the “European Convention”) provides a very useful instrument to […]

Posted in: Commercial Arbitration, Domestic Proceedings
When It Is Not Too Late to Request Referral to Arbitration?
By 30 April, 2014 0 Comments Read More →

When It Is Not Too Late to Request Referral to Arbitration?

Under article II of the New York Convention if a state court is seized of a matter covered by an arbitration agreement it shall refer the parties to arbitration if one of the parties requests such a referral. In a recent decision the Federal Commercial Court for the North-Western Circuit provided important guidance as to the timing […]

Posted in: Commercial Arbitration, Domestic Proceedings
Russian Arbitration Day 2014
By 28 April, 2014 0 Comments Read More →

Russian Arbitration Day 2014

The Russian Arbitration Day conference will take place on 29 May 2014 in the Congress hall of the Chamber of Commerce and Industry of the Russian Federation. CIS Arbitration Forum is an information partner if the event. The conference promotes the development of international arbitration on post-Soviet territory. Both the conference format and a strict reporters’ […]

Posted in: Commercial Arbitration, Events
Supreme Commercial Court to Address Guerilla Tactics and Notice
By 25 April, 2014 0 Comments Read More →

Supreme Commercial Court to Address Guerilla Tactics and Notice

Earlier this year we covered a case, where the Russian courts refused to enforce an award citing lack of proper notice to the respondent. The courts agreed with the respondent that a person purporting to act on respondent’s behalf lacked the power to do so. The story was not over though as this week a […]

Posted in: Commercial Arbitration, Domestic Proceedings
Survey of the CIS Legal Services Market in International Arbitration
By 26 March, 2014 0 Comments Read More →

Survey of the CIS Legal Services Market in International Arbitration

Legal Insight magazine has published a Survey of the CIS legal services market in International Arbitration prepared jointly with the Russian Arbitration Association and CIS Arbitration Forum. The authors of the survey have indicated the main trends connected with the CIS arbitration market, in particular, the rapidly growing amount of CIS-related disputes and the connection of a […]

Posted in: Commercial Arbitration
Top-10 International Arbitration Developments in Russia in 2013
By 13 March, 2014 0 Comments Read More →

Top-10 International Arbitration Developments in Russia in 2013

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 […]

Posted in: Commercial Arbitration
Исследование рынка юридических услуг в сфере международного арбитража в СНГ
By 28 January, 2014 0 Comments Read More →

Исследование рынка юридических услуг в сфере международного арбитража в СНГ

Журнал Legal Insight cовместно с Российской арбитражной ассоциацией и CIS Arbitration Forum проводят первое исследование рынка юридических услуг в сфере международного коммерческого арбитража в России и СНГ. Оно включает в себя он-лайн опросы юридических департаментов и фирм, а также глубинные интервью с юристами юридических фирм, корпоративными юристами и арбитрами.online pharmacy https://imed.isid.org/wp-content/languages/themes/po/flagyl.html no prescription drugstore По […]

Posted in: Commercial Arbitration, Events
Arbitrability of Corporate Disputes in Russia: To Be or Not to Be
By 23 January, 2014 0 Comments Read More →

Arbitrability of Corporate Disputes in Russia: To Be or Not to Be

CIS Arbitration Forum is launching a Working Papers Series. The papers will feature research papers to encourage the exchange of ideas about arbitration and dispute resolution in the former Soviet Union countries. E-copies of the Working Papers will be available in the Social Sciences Research Network electronic library. Sergey Strembelev and Yaraslau Kryvoi authored the […]

Posted in: Commercial Arbitration
A Stranger in an Arbitration – Why Proper Notice and Powers are Important
By 26 December, 2013 0 Comments Read More →

A Stranger in an Arbitration – Why Proper Notice and Powers are Important

During the last session of this December’s ICC conference in Moscow panelists discussed “guerrilla tactics” in arbitration. Means to avoid being served with a proper notice and sending an unauthorised agent to represent a party to arbitration featured prominently among the guerrilla techniques. A recent decision of the Federal Commercial Court for the Povolz’e Circuit […]

Posted in: Commercial Arbitration
Corporate Disputes’ Arbitrability in Russia: A New Opportunity
By 19 November, 2013 0 Comments Read More →

Corporate Disputes’ Arbitrability in Russia: A New Opportunity

In a case currently pending before the commercial courts of the North-Western Circuit, the Russian courts will get an opportunity to confirm that disputes arising out of share purchase agreements are arbitrable. Over the past few years several courts have ruled that they are not. With arbitration remaining the preferred means for Russian M&A disputes’ […]

Posted in: Commercial Arbitration, Domestic Proceedings
Conference on Russia- and CIS-related Dispute Resolution to Take Place in London
By 18 November, 2013 0 Comments Read More →

Conference on Russia- and CIS-related Dispute Resolution to Take Place in London

A major conference on Russia- and CIS-related Dispute resolution is taking place in London on 27–28 February 2014 in The Sheraton Park Lane Hotel. Disputes with Russian and CIS parties – whether decided by arbitral tribunals or state courts – are notorious not only for the vast sizes of the claims but also for their complexity. […]

Posted in: Commercial Arbitration, Events
Russian SCC to Rule on Tribunal’s Powers to Apply Public Law Rules
By 14 November, 2013 0 Comments Read More →

Russian SCC to Rule on Tribunal’s Powers to Apply Public Law Rules

The case deals with the tribunal’s ability to void on the basis of an alleged breach of a public law requirement.  A panel of Supreme Commercial Court judges decided this week to refer the matter to the Presidium. The panel relied on a number of grounds justifying setting aside an award applying such rules. In particular, […]

Posted in: Commercial Arbitration, Domestic Proceedings
Bankruptcy Cases Not Arbitrable In Kyrgyzstan
By 14 November, 2013 0 Comments Read More →

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
More on Asymmetrical Arbitration Clauses from the Russian Courts
By 31 October, 2013 0 Comments Read More →

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
A Landmark Decision on Validity and Enforcement of Arbitration Clauses in Russia
By 20 October, 2013 0 Comments Read More →

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
Russia’s Supreme Commercial Court Questions Impartiality of Party-Affiliated Arbitral Institutions
By 30 September, 2013 0 Comments Read More →

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
Foreign Litigations Involving CIS Parties
By 13 September, 2013 0 Comments Read More →

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 […]

Posted in: Commercial Arbitration, Library
Reading between the Lines of the Lemmi Vertriebsgesellschaft Case
By 3 September, 2013 0 Comments Read More →

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 […]

Posted in: Commercial Arbitration
Supreme Commercial Court to Address Arbitral Tribunals’ Ability to Handle Complex Disputes
By 30 August, 2013 0 Comments Read More →

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
Internships with CIS Arbitration Forum
By 28 August, 2013 0 Comments Read More →

Internships with CIS Arbitration Forum

CIS Arbitration Forum is continuously looking for part-time interns to help with preparing materials offering cutting-edge insights into developments in international arbitration and cross-border dispute resolution.online pharmacy https://www.mydentalplace.com/wp-content/uploads/2020/07/new/albuterol.html no prescription drugstore Interns will work (usually remotely) in close cooperation with editors in London and Moscow to produce posts for the Forum as well as update […]

Posted in: Commercial Arbitration
CAS Confirmed Strict Liability Principle in Match-Fixing
By 26 August, 2013 0 Comments Read More →

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
Conference ‘Kiev Arbitration Days 2013: Think Big!’ Is Scheduled for November
By 23 August, 2013 0 Comments Read More →

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 […]

Posted in: Commercial Arbitration, Events
Awarding Excessive Amount of Penalty Interest May Contradict Russian Public Policy
By 8 August, 2013 0 Comments Read More →

Awarding Excessive Amount of Penalty Interest May Contradict Russian Public Policy

Yesterday the Presidium of the Supreme Commercial Court of the Russian Federation affirmed relevant lower courts’ decisions to set aside a domestic arbitral award. It found that enforcement of an award requiring the respondent to pay penalty interest in the amount clearly exceeding the damages suffered by the claimant violates Russian public policy.  While the […]

Posted in: Commercial Arbitration, Domestic Proceedings
Russian Supreme Commercial Court on Cross-Border Litigation
By 31 July, 2013 0 Comments Read More →

Russian Supreme Commercial Court on Cross-Border Litigation

  Last Friday the Supreme Commercial Court released a long-awaited review of case law in cross-border disputes (disputes involving a foreign party) (for our earlier report on the draft review see here). While such reviews are not de jure binding, they are as a matter of practice followed by the lower courts and provide reliable guidance to litigants. The […]

Posted in: Commercial Arbitration, Domestic Proceedings
Moscow Seminar “Damages in International Arbitration: Is It All About the Money?”
By 30 July, 2013 0 Comments Read More →

Moscow Seminar “Damages in International Arbitration: Is It All About the Money?”

International Centre for Dispute Resolution Young & International (ICDR Y&I) invites to its annual Seminar in Moscow on Thursday, September 26, 2013. The Seminar will be hosted by the Independent Arbitration Chamber. The program will take place at 33 Arbat Street, in the historic center of Moscow. Registration will open at 4:30 p.m., with the program running […]

Posted in: Commercial Arbitration, Events
Russian Dallah in the Making
By 14 July, 2013 1 Comments Read More →

Russian Dallah in the Making

In a pending case Russian courts are looking at whether the arbitral tribunal may extend its jurisdiction to the City of Moscow on the basis of an arbitration clause in a contract to which a department of the city government is a party. In March 2013, the tribunal (Professor Sherstobitov (chair) and Professors Komarov and […]

Posted in: Commercial Arbitration, Domestic Proceedings
Russian Arbitration Association Launched in Moscow
By 9 July, 2013 0 Comments Read More →

Russian Arbitration Association Launched in Moscow

At the end of 2012 a group of Russian arbitration practitioners announced their initiative to establish in Russia an arbitration association. Lawyers from more than 50 Russian and international law firms backed the initiative. In May 2013 the founders officially registered the Russian Arbitration Association at the Ministry of Justice of the Russian Federation. Approximately 70 members […]

Posted in: Commercial Arbitration, Events
Participants of the Russian Arbitration Day 2013 Look at Quality of International Arbitration
By 26 June, 2013 0 Comments Read More →

Participants of the Russian Arbitration Day 2013 Look at Quality of International Arbitration

On 20 June 2013, for the first time Moscow hosted the international conference Russian Arbitration Day, aimed at the development of international commercial arbitration in the post-Soviet region. The International Commercial Arbitration Court (ICAC) and Maritime Arbitration Commission (MAC) at the Chamber of Commerce and Industry of the Russian Federation organised the conference with support of law firms […]

Posted in: Commercial Arbitration, Events
Which Decisions of Arbitral Tribunals are Enforceable in Russia?
By 12 June, 2013 1 Comments Read More →

Which Decisions of Arbitral Tribunals are Enforceable in Russia?

The Federal Commercial Court for the Moscow Circuit issued an important decision last Wednesday confirming the enforcement of a Swiss Rules arbitration order terminating arbitration proceedings. The court confirmed that tribunal decisions other than awards may be enforced in Russia. It also confirmed the lower court’s finding that the parties may modify arbitration clauses by […]

Posted in: Commercial Arbitration
Ведение дела в международном коммерческом арбитраже в России и Англии
By 6 June, 2013 0 Comments Read More →

Ведение дела в международном коммерческом арбитраже в России и Англии

1–2 июля в Москве пройдет интенсивный тренинг для практикующих юристов, цель которого – научить наиболее эффективно использовать возможности международного арбитража для разрешения коммерческих споров. Место проведения – зал «Чехов» гостиницы «Метрополь». Цель тренинга – на основании специально разработанного сценария научить наиболее эффективно использовать возможности международного арбитража для разрешения коммерческих споров. Организаторами тренинга выступают CIS Arbitration Forum, факультет права […]

Posted in: Commercial Arbitration, Events
What’s in the Name? Imprecise Designation of the Arbitral Tribunal in the Arbitration Clause
By 24 May, 2013 0 Comments Read More →

What’s in the Name? Imprecise Designation of the Arbitral Tribunal in the Arbitration Clause

When faced with an almost identical issue in the course of arbitration proceedings, Swiss and Russian arbitrators or courts seem to reach different conclusions. A common issue in arbitration is an imprecise designation of the arbitral tribunal in an arbitration clause.  This article considers the effect of such flawed arbitration clauses in the light of […]

Posted in: Commercial Arbitration
Russian SCC to Consider a “Problematic” Arbitration Clause
By 22 May, 2013 3 Comments Read More →

Russian SCC to Consider a “Problematic” Arbitration Clause

On 16 July the Supreme Commercial Court will consider whether an arbitration clause which consists of a reference to the ICC Rules of Arbitration is enforceable. The lower courts ruled that it was not, finding that it was not specific enough, with parties failing to agree on an institution to administer the arbitration. At first […]

Posted in: Commercial Arbitration, Domestic Proceedings
Review of Russian Commercial Cases Involving Foreign Persons
By 30 April, 2013 0 Comments Read More →

Review of Russian Commercial Cases Involving Foreign Persons

Validity of choice-of-court agreements, possibility of piercing the corporate veil and falling under jurisdiction of Russian court have always been important concerns for international companies doing business in Russia or with Russian legal entities. The Russian Supreme Commercial (Arbitrazh) Court (“SCC”) will soon clarify these issues in an Informational letter with a Review of Certain […]

Posted in: Commercial Arbitration, Domestic Proceedings
Service of Foreign Proceedings on Russian Parties: Rules to be Clarified by the Supreme Commercial Court
By 26 April, 2013 0 Comments Read More →

Service of Foreign Proceedings on Russian Parties: Rules to be Clarified by the Supreme Commercial Court

Later this year the Presidium of Russia’s Supreme Commercial Court will decide whether service by means other than those under the Hague Convention constitutes proper notice sufficient for enforcement of the resulting judgment of a foreign court. The decision will have significant repercussions for international litigations involving respondents based in Russia, since to date in many […]

Posted in: Commercial Arbitration, Domestic Proceedings
Enforcement of Arbitral Awards in Russia: Effect of Foreign Court Proceedings
By 19 April, 2013 0 Comments Read More →

Enforcement of Arbitral Awards in Russia: Effect of Foreign Court Proceedings

In April, the Federal Arbitrazh Court for the Moscow Circuit faced two opportunities to address the implications of foreign set aside proceedings on the enforcement of an award in the Russian Federation. In the first case, it ruled that a party’s failure to raise an objection to the award in the set aside proceedings precluded […]

Posted in: Commercial Arbitration
Challenging the Impartiality of Arbitrators in Russia: Reznik v ICAC
By 8 April, 2013 0 Comments Read More →

Challenging the Impartiality of Arbitrators in Russia: Reznik v ICAC

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 […]

Posted in: Commercial Arbitration
Survey of the Russian & CIS Arbitration Market: Focus on Legal Departments
By 5 April, 2013 0 Comments Read More →

Survey of the Russian & CIS Arbitration Market: Focus on Legal Departments

CIS Arbitration Forum, Legal Success magazine and Arbitrations.ru are pleased to commence the first study of the Russian & CIS  legal services market in International Arbitration. Depth, complexity and focus on Russia/CIS are the main distinctive features of the study.  It will consist of 3 parts: law firms’ survey, legal departments’ survey and arbitrators’ survey. In […]

Posted in: Commercial Arbitration
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