In September 2012, a group of Ukrainian and foreign experts in international arbitration founded the Ukrainian Arbitration Association (the “UAA” or the “Association”) to unite lawyers, irrespective of their nationality or place of residence, who are professionally engaged or interested in international arbitration. This is an important step in the development of international arbitration in Ukraine. […]
On 7 December 2012 the Russian National Committee of the International Chamber of Commerce – the World Business Organization (ICC Russia) in cooperation with the ICC International Court of Arbitration will organise an annual arbitration conference “Russia as a Place for Dispute Resolution”. CIS Arbitration Forum is the event’s information sponsor and is an information partner of […]
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 […]
We reported earlier that in June 2012 an ICSID tribunal dismissed Caratube International’s USD 1 billion claim against Kazakhstan on jurisdictional grounds. The full text of the award has now been released and is discussed in this article. The dispute centred around the termination of Caratube’s licence to an oilfield in Kazakhstan and allegations that Caratube […]
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 […]
An International Student Competition on International Trade Law and International Commercial Arbitration will take place in Minsk, Belarus on 23-26 November 2012. Students from 20 major universities of the CIS and Baltic States are invited to participate in the Competition on International Trade Law and International Commercial Arbitration – ICC Lex Mercatoria.online pharmacy https://imed.isid.org/wp-content/languages/themes/po/amoxicillin.html no […]
New York – 5 October 2012 – ICDR Y&I, in cooperation with the American Bar Association’s Section of International Law, is inviting you to take part in a lively discussion at the ICDR Y&I Seminar for Young Practitioners “Dispute Resolution Traditions and Realities in Russia and CIS Countries: Some Tips for Litigation and Arbitration with CIS […]
On 3 August 2012 the Court of Appeal of the Odessa Region upheld its lower court’s ruling granting requests for the enforcement of twelve FOSFA arbitral awards in Ukraine. Six of these awards had previously been set aside in the UK. The Ukrainian court did not give any effect to the respective English court judgments, stating that the […]
Two weeks ago the Cabinet of Ministers of Ukraine decided to allow state organs to make payments under orders for security for costs or security for the claim issued by foreign courts and arbitral tribunals. The new rules are expected to remove some practical difficulties the Ukrainian authorities currently face in such situations. According to the Ministry […]
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 […]
Russia’s highest commercial court has ruled that an optional arbitration clause creates an unfair advantage for one of the parties and hence is contrary to the equality of arms principle. Pursuant to the clause in question both parties were required to submit any disputes among them to arbitration under the ICC rules. However, the seller […]
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 […]
Lithuanian leading natural gas company Lietuvos Dujos is in the centre of a number of litigations and arbitrations between Gazprom and Lithuania, which are both shareholders in the company. Gazprom is challenging Lithuania’s recent regulations requiring Lietuvos Dujos to divest its gas transit assets as a breach of the bilateral investment treaty between the Russian Federation and […]
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 Presidium of the Supreme Commercial Court will clarify which of a respondent’s actions may evidence implicit acceptance of an arbitral tribunal’s jurisdiction.online pharmacy https://bergenderm.com/wp-content/uploads/2022/09/jpeg/lexapro.html no prescription drugstore The case which will be heard by the court in October focuses on the respondent’s constantly changing position as to the jurisdiction of the arbitral tribunal. Though […]
On 1 June 2012 the Ukrainian general court of first instance granted the request of JSC BTA Bank for the recognition of the Freezing Order of the English Court issued in the BTA Bank v Ablyazov and others proceedings (the “Order” and the “BTA Bank case” respectively). The ruling of the Ukrainian court in the BTA Bank case is […]
A Ukrainian court of first instance has recently set aside a ruling on jurisdiction rendered by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (the “ICAC”) in a highly debated case considered twice by the ICAC and Ukrainian courts. The debate arose in connection with a pathological arbitration clause and a […]
An arbitral tribunal in Stockholm concluded in an award released yesterday that tax assessment measures taken against Yukos were arbitrary and discriminatory. The proceedings were instituted by a group of Spanish investors in 2007. The award also confirmed that the claimant’s expenses in the arbitration were entirely funded by the Menatep Group (Yukos’ majority shareholder) which […]
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 […]
The Russian Supreme Commercial Court has held that disputes arising out of investment agreements with Russian authorities are not arbitrable at least for the purposes of domestic arbitration. The court upheld the decisions of the lower courts refusing the enforcement of a domestic arbitral award in a dispute between a private investor and a Russian […]
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 […]
Can an essentially domestic dispute be referred to an international arbitral tribunal sitting outside of the Russian Federation? Can an “international” dispute be resolved by a domestic arbitral tribunal? These questions may be troubling for a practitioner drafting an arbitration clause in a contract. This is especially true because figuring out whether the dispute is […]
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 […]
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 […]
In 2011, within the period of two months, the Supreme Commercial (Arbitrazh) Court of the Russian Federation rendered two important decisions concerning the enforcement of international arbitral awards. In both cases enforcement applications were challenged on the ground, inter alia, of excessive damages as contrary to the public policy of the Russian Federation. Pursuant to paragraph […]
The Russian courts have sent a state establishment and several state agencies to arbitration to have their claim for termination of a contract with a German contractor resolved pursuant to the agreed dispute resolution procedure (case reference No. А40-106514/2011). The claimants argued in both the Moscow Commercial Court and the Ninth Appellate Commercial Court that […]
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 […]
Up until now optional arbitration clauses have come before Russian commercial courts only indirectly, in cases where lenders have chosen to exercise their option to bring claims before Russian state courts. In a line of cases decided by the Moscow Circuit Commercial Court the validity of such an option was upheld and it was held […]
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 […]
Arbitration clauses are usually treated as one of the boilerplate terms of commercial contracts. They are frequently formulated off the top of one’s head and though major arbitration centres recommend standard clauses they are not always used. In a decision rendered on 13 March 2012 the Moscow Circuit Commercial Court confirmed the lower court’s decision […]
Last year Belarus made a significant step towards the wider use of domestic arbitration for resolving economic disputes. In July 2011 the Belarusian Parliament passed a law “On Arbitration Courts” (the “New Law”) to promote alternative dispute resolution, the idea being that using domestic arbitration should be less costly and quicker, arbitrators would be more skilled and the awards […]
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; […]
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, […]
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 […]
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 […]
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 […]
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 […]
It seems that in at least one respect Russian courts are now more arbitration-friendly than courts in many other countries. In a string of cases decided during 2011 the Supreme Commercial Court held that enforcement of an arbitral award may not be refused on the basis of a tribunal’s lack of jurisdiction if the award was […]
The Ukrainian Parliament adopted long-expected amendments to the Civil Procedure Code of Ukraine regarding interim measures in foreign judgment and arbitral award enforcement proceedings. The new rules became binding on 19 October, 2011. The new rules allow foreign creditors to apply for interim measures while recognition and enforcement proceedings are still pending. Thus they can ensure, […]
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 […]
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