Tag: Arbitrability

Recent developments in commercial and investment arbitration in the CIS region (video)
By 23 June, 2021 0 Comments Read More →

Recent developments in commercial and investment arbitration in the CIS region (video)

On 25-26 May 2021, CIS Arbitration Forum conducted an online conference CIS-related Disputes: Treaties, Sanctions, Compliance and Enforcement. It brought together over 80 participants, including private practitioners, in-house lawyers and government officials. We present a recording of the first panel of the conference, which summarizes the most recent developments related to arbitration in selected jurisdictions. 0:13 […]

Posted in: Commercial Arbitration, Investor-State Arbitration
Arbitrability of Insolvency Disputes: the Principle of Modified Universalism
By 26 October, 2020 0 Comments Read More →

Arbitrability of Insolvency Disputes: the Principle of Modified Universalism

On 23 September 2020, English High Court granted an application for an interim injunction to restrain liquidators for the International Bank of St. Petersburg from pursuing insolvency proceedings in Russia in breach of an LCIA arbitration agreement. Most jurisdictions provide several mechanisms to reverse transactions entered into by a debtor prior to the commencement of […]

Posted in: Commercial Arbitration
Арбитрабельность споров в связи с закупками отдельными видами юр. лиц
By 3 April, 2018 0 Comments Read More →

Арбитрабельность споров в связи с закупками отдельными видами юр. лиц

Анализ запроса Верховного суда РФ в Конституционный суд РФ насчет неарбитрабельности споров в связи с закупками отдельными видами юридических лиц. А.И. Муранов Арбитрабельность споров по Закону № 223-ФЗ – А. Муранов (полный текст) Запрос Верховного Суда РФ в Конституционный Суд РФ Analysis of the request of the Supreme Court of the Russian Federation to the Constitutional […]

Posted in: Library
Arbitration Reform in Ukraine: New Possibilities for Arbitration Users
By 8 February, 2018 0 Comments Read More →

Arbitration Reform in Ukraine: New Possibilities for Arbitration Users

After many years of discussions and active work of various working groups and Ukrainian Parliament, in the end of 2017 Ukraine has finally reformed its arbitration-related procedural legislation. Now the arbitration users may seek Ukrainian courts’ assistance in obtaining interim measures, preserving and collecting evidence necessary for arbitral proceedings, which remained practically impossible prior to […]

Posted in: Domestic Proceedings, Recognition and enforcement of arbitral awards
Российские суды подтвердили, что корпоративные споры были арбитрабельны и до принятия нового законодательства об арбитраже
By 7 April, 2017 0 Comments Read More →

Российские суды подтвердили, что корпоративные споры были арбитрабельны и до принятия нового законодательства об арбитраже

В настоящее время широко обсуждается реформа российского законодательства об арбитраже (третейском разбирательстве), в том числе, в контексте вопроса об арбитрабельности корпоративных споров. Теперь в ст. 225.1 Арбитражного процессуального кодекса Российской Федерации («АПК РФ») прямо закреплено, что такие споры могут быть переданы на рассмотрение третейского суда. Однако, как подтвердила новейшая судебная практика, такая возможность существовала и ранее. […]

Posted in: Domestic Proceedings
Arbitrability of Sanctions – Presentation at Kuala Lumpur International Arbitration Week 2015
By 11 June, 2015 0 Comments Read More →

Arbitrability of Sanctions – Presentation at Kuala Lumpur International Arbitration Week 2015

Yaraslau Kryvoi speaks about arbitrability of sanctions, touching upon the effect of the Belarus, Ukraine and Russian sanctions regimes on arbitration at a conference organised by Kuala Lumpur Regional Arbitration Centre in May 2015.

Posted in: Library
Review of Russian Court Decisions Related to Arbitration: January-May 2015
By 31 May, 2015 0 Comments Read More →

Review of Russian Court Decisions Related to Arbitration: January-May 2015

In January-May 2015 the Russian courts rendered several important decisions dealing with: the arbitrability of public procurement disputes; the effect of pre-existing links between an arbitral institution and a party to arbitration; partial annulment of arbitration awards; and anti-enforcement injunctions. Non-Arbitrability of Public Procurement Disputes Does Not Create Constitutional Issues Application of City Clinical Hospital No. […]

Posted in: Commercial Arbitration, Domestic Proceedings
Russia’s Mistral Deal under International Sanctions – will the Dispute be Arbitrable? 
By 3 October, 2014 2 Comments Read More →

Russia’s Mistral Deal under International Sanctions – will the Dispute be Arbitrable? 

Controversies have surrounded the purchase of French Mistral helicopter carriers by Russia since the very beginning. In 2010, after eight months of talks, Russian President Dmitry Medvedev approved the purchase of two ships of the Mistral class from France for €1.37 billion. The deal was concluded despite objections from some of France’s allies in NATO. […]

Posted in: Commercial Arbitration
Arbitrability of Disputes Under Public Procurement Contracts In Ukraine: Recent Court Practice
By 25 August, 2014 0 Comments Read More →

Arbitrability of Disputes Under Public Procurement Contracts In Ukraine: Recent Court Practice

Recent judgments of the Ukrainian courts have again attracted attention to the issue of arbitrability, which remains under debate both in theory and in practice in Ukraine. This time court practice deals with disputes arising out of the so-called “commercial contracts related to satisfaction of the state’s needs” (“Public Procurement Contracts”). The judgments discussed in […]

Posted in: Commercial Arbitration, Domestic Proceedings
Non-Arbitrability of Disputes Arising Out of Government Contracts in Russia
By 18 July, 2014 0 Comments Read More →

Non-Arbitrability of Disputes Arising Out of Government Contracts in Russia

As we reported earlier the Supreme Commercial Court has ruled that arbitral tribunals cannot resolve disputes arising out of government contracts. The court quashed the decisions of lower courts granting enforcement of a domestic arbitration award in a dispute between a government agency and a company. The full text of the court’s resolution has been recently published. Over sixteen […]

Posted in: Commercial Arbitration
Russian Court on Law Applicable to Arbitrability
By 6 June, 2014 0 Comments Read More →

Russian Court on Law Applicable to Arbitrability

This week a Russian cassation instance court suggested that foreign laws permitting certain disputes to be referred to arbitration should be respected. This should be the case even if under Russian law similar Russia-related disputes are not arbitrable. Apparently some restrictions on arbitrability have only limited effect. The case before the court concerned enforcement of an […]

Posted in: Commercial Arbitration, Recognition and enforcement of arbitral awards
Disputes Arising Out of Government Contracts Not Arbitrable?
By 25 February, 2014 0 Comments Read More →

Disputes Arising Out of Government Contracts Not Arbitrable?

Russia’s highest commercial court has ruled that arbitral tribunals cannot resolve disputes arising out of government contracts. The court quashed the decisions of lower courts granting enforcement of a domestic arbitral award in a dispute between a government agency and a company. The dispute arose out of a government contract by which the company agreed to […]

Posted in: Domestic Proceedings
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
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
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
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
Insolvency and Arbitration in Russia
By 1 January, 2013 0 Comments Read More →

Insolvency and Arbitration in Russia

The continuing financial instability worldwide has its impact on all areas law, including arbitration. The number of cases where insolvent parties are involved in arbitration or have entered into agreements containing arbitration clauses is rising and has over the past year generated significant jurisprudence of the Russian courts. Notably, the Supreme Commercial Court in a […]

Posted in: Commercial Arbitration, Domestic Proceedings
Gazprom v Lithuania: SCC Tribunal Rules on Arbitration Clause and Parallel Litigation
By 14 August, 2012 0 Comments Read More →

Gazprom v Lithuania: SCC Tribunal Rules on Arbitration Clause and Parallel Litigation

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 […]

Posted in: Commercial Arbitration
Disputes Arising Out of Investment Agreements with Russian Authorities Not Arbitrable?
By 19 July, 2012 0 Comments Read More →

Disputes Arising Out of Investment Agreements with Russian Authorities Not Arbitrable?

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
Russian Supreme Commercial Court: Not All Domestic Disputes Can Be Resolved in International Arbitration
By 12 July, 2012 0 Comments Read More →

Russian Supreme Commercial Court: Not All Domestic Disputes Can Be Resolved in International Arbitration

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 […]

Posted in: Commercial Arbitration, Domestic Proceedings
Government Procurement Disputes Still Arbitrable in Russia
By 25 May, 2012 1 Comments Read More →

Government Procurement Disputes Still Arbitrable in Russia

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 […]

Posted in: Commercial Arbitration