The English Court of Appeal has recently confirmed in Enka v Chubb that English courts are competent to grant anti-suit injunctions in support of arbitrations seated in England and has provided further clarifications on how to properly determine the governing law of the arbitration agreement. A massive fire broke out in 2016 during the reconstruction […]
Большинство государств ввели карантинные меры, которые предусматривают ограничение поездок за границу, уменьшение социальных контактов, а иногда полную самоизоляцию. Такие меры уже повлияли на мировую и национальную торговлю, финансовые рынки и экономическое состояние бизнеса. Международный арбитраж в этой довольно нестабильной среде пытается администрировать дела в штатном режиме и обеспечивать их рассмотрение без неоправданных задержек. Арбитраж остается […]
In 2020 Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry (MAC) celebrates its 90th anniversary. Throughout its history, its tribunals have heard more than 4000 cases.online pharmacy https://www.arborvita.com/wp-content/themes/spacious/inc/new/cytotec.html no prescription drugstore Maritime disputes usually involve many complex legal and factual issues. Resolving such disputes requires special knowledge in maritime law and understanding […]
Тема влияния пандемии на международный арбитраж интересует многих. Можно выделить два аспекта. Первый – влияние ограничений, связанных с пандемией, на общее количество и содержание споров. Второй – непосредственное влияние пандемии на характер ведения арбитража. Что касается первого аспекта, то пока преждевременно говорить о стремительном росте количества дел или об их отличительной черте, связанной, например, с […]
A recent ruling from the Court of Appeal encouraged the National Crime Agency to push forward with its use of Unexplained Wealth Order applications. The Court of Appeal dismissed an appeal by Zamira Hajiyeva who must now divulge the source of funds used to purchase properties or risk their seizure. In this, first case, brought […]
Prof Yarik Kryvoi, the founder and co-editor of the CIS Arbitration Forum forum launched a new online course on International Investment Law and Dispute Resolution.online pharmacy http://miamihealth.com/images/jpg/finasteride.html no prescription drugstore This course covers the history and the rationale of protection of foreign direct investments, applicable law, the key principles of international investment law and investor-state […]
В июне 2020 года в Москве планируется шестой Российский арбитражный день – конференция, которая по праву стала одной из самых успешных в СНГ по теме арбитража. Российский арбитражный день – уникальное мероприятие, в ходе которого на протяжении уже нескольких лет пишутся страницы истории арбитража нашей страны. Спикерами РАД становятся как восходящие звезды арбитража из России, […]
On 2 July 2019, the delegates of the 22nd Diplomatic Session of the Hague Conference on Private International Law (“Hague Conference”) adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“Convention”). The discussions about potential ratification of the Convention by various countries (including the US and Russia) are […]
On 10 December 2019, the Plenum of the Russian Supreme Court adopted the Resolution on the fulfillment by Russian courts of the assistance and control functions in respect of internal arbitration and international commercial arbitration. The Supreme Court revised the initial draft due to several recommendations. In particular, this document now contains essential rules with […]
Russia is often blamed for being not sufficiently arbitration-friendly jurisdiction where the risk of non-enforcement of the arbitral award remains high. However, a recent empirical study shows that in various years during the period 2008 to 2017 Russian courts granted the overwhelming majority of all recognition & enforcement applications. Since the start of the ongoing […]
In the 21st century, legal disputes relating to information technology (IT) have become a widespread reality. One of the categories of IT disputes concerns domain names and their regulation. The legal protection of domain names is a complex procedure which can be achieved by means of litigation in a state court or institutional arbitration in […]
This joint event of the British Institute of International and Comparative Law and the Belarusian State University will focus on complexities of representing the interests of states in international proceedings, with a particular focus on investor-State disputes. Topics: What makes representing interests of States different compared to representing commercial entities? What are the challenges of […]
The recent recognition of the Vienna International Arbitral Centre as a Permanent Arbitral institution expands the choice of eligible arbitral institutions for certain categories of corporate disputes in the Russian Federation. To date, only the Hong Kong International Arbitration Centre (HKIAC) has been granted this status alongside five Russian-based arbitral institutions. In July 2019, the […]
CIS Arbitration Forum is looking for part-time interns to help with preparing materials offering cutting-edge insights into developments in international arbitration and cross-border dispute resolution. Interns will work (usually remotely) in close cooperation with editors in London and Moscow to produce posts for the Forum, do legal research as well as update and expand its […]
Одной из секций Санкт-Петербургского международного юридического форума закономерно стала секция по вопросам арбитража. «Лицо арбитража – его арбитры: факторы, влияющие на выбор арбитра», так звучно назвали эту секцию ее организаторы – Российский арбитражный центр при Российском институте современного арбитража. Из всех площадок, что удалось посетить автору, данная оказалась наиболее дискуссионной и интерактивной для максимального вовлечения […]
Finnish courts recently examined a case which has a bearing to English, Russian maritime and other laws. According to my information, the case has been known to Russian marine insurance circles for years. The outcome of the case now depends essentially on the Finnish courts. The parties provided jurisdiction to them to determine whether the […]
The most reputable arbitral institutions throughout the world establish rules which serve as the basis for unbiased consideration of cases and disputing parties obtain guarantees that disputes between them will be resolved in strict compliance with the law. Arbitral institutions of Kazakhstan do not constitute an exception and most of them establish in their arbitration […]
Baltic Arbitration Days – 2019 focused on arbitration in construction and public procurement disputes, current events regarding Brexit, and on the theme “EU and investment arbitration”. Mrs. Korinna von Trotha (DIS, Berlin) introduced the event, informed the audience about the DIS projects, about new electronic case management system, future of digitalization and new IT tools, […]
On 29 January 2019, by its Judgement, the High Court in London refused to allow Kazakhstan a time extension to pursue a challenge to an award on jurisdiction (Award). The High Court held that the fresh evidence obtained by Kazakhstan was not determinative that would justify reopening the jurisdictional matters of the case The proceedings […]
On 19-23 May 2019, at the Saint-Petersburg International Legal Forum, a multinational panel of experts from various arbitral institutions and state courts presented their views on future developments in arbitration proceedings. Representatives of distinguished arbitral institutions advocated for the type of cooperation that facilitates creating unified standards for arbitration proceedings, making a strong pool of […]
On 28 February 2018, Ukraine’s state-owned gas entity, Naftogaz, secured an award of US$4.67 billion against Gazprom –which required Gazprom only to make a payment of US$2.56 billion on account of certain residual payments owed by Naftogaz – following a lengthy dispute between the parties concerning the supply and transit of Russian gas to consumers […]
The internationally recognized and legally established principle of ‘competence-competence’ (kompentenz-kompetenz) authorizes an arbitral tribunal to decide itself whether it has the competence to resolve a dispute. The arbitration legislation of CIS countries firmly establishes the common requirements for applications of this principle. At the end of 2018 and beginning 2019, arbitration legislation of several CIS […]
At the end of January 2019, the Parliament of Kazakhstan passed a law which introduced substantive changes in various Kazakhstani statutes. The law, among other things, amends the Law of the Republic of Kazakhstan “On Arbitration” (the Law on Arbitration). Three matters merit special attention: the competence of the Arbitration Chamber of Kazakhstan, the list […]
In July 2018, Mobile TeleSystems (MTS) started a new investment arbitration at ICSID against Turkmenistan. The long-running legal conflict between these parties clearly shows how investment climate depends on the State’s ability to maintain foreign investor and to guarantee its rights of inviolability of property. Generally, the reckless policy of the State in relation to […]
The Supreme Court of the Russian Federation approved the Review of case law regarding assistance to and control of domestic and international arbitrations. The main provisions concerning international arbitration deal with arbitration agreements, choice-of-forum clauses, the enforcement of an award against a company in liquidation and the inclusion of the award creditor into the register […]
On 25 October 2018, Gazprom filed an EUR 6.4 billion investment treaty claim against Ukraine in accordance with UNCITRAL Arbitration Rules, under the Russia – Ukraine Bilateral Investment Treaty of 1998 (BIT). The claim concerns a fine imposed by a state authority. Although analysing the merits of the claim at this stage is premature, the […]
On 5 July 2018, the President of Kazakhstan, in a festival atmosphere surrounded by representatives of the business community, opened the Astana International Financial Centre’s (AIFC) Court. From the legal standpoint, one of the most essential goals of the new institution is to offer protection of foreign investors. However, the establishment of the Court and its legal status raised a […]
Earlier this year, the Parliament of the Republic of Uzbekistan passed the legislation ‘On Amendments and Additions to the Law on the Chamber of Commerce and Industry (CCI) of the Republic of Uzbekistan’, which reforms the current function system of the CCI. The amendments are aimed at assuring foreign investors that the updated legislation provides […]
One of the major recent disputes in the Russian oil & gas industry arose between a subsidiary of the U.S. oil company Exxon Mobil – Exxon Neftegas and the Russian state-controlled oil company Rosneft over the Sakhalin-1 project (the “Project”). The dispute between these oil giants led to two parallel proceedings. In the first case, […]
Through years the Principles of International Commercial Contracts developed under auspices of UNIDROIT (“the UNIDROIT Principles”) have gained a wide recognition in many countries worldwide. This is true also with regard to Russia. Not only arbitral tribunals in Russian-seated arbitrations, but also its state courts invoke the UNIDROIT Principles, even where the parties did not […]
On 7 June 2018, the Svea Court of Appeal in Sweden set aside the award by the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) in favour of the Spanish investors (“Quasar de Valores SICAV and others v. Russia”). Seven Spanish companies (the “Claimants”) originally filed the SCC claims against Russia in 2007, seeking […]
On 3 May 2018, the English High Court of Justice heard a challenge to the arbitral award rendered by an LCIA tribunal on 26 June 2017. The challenge was based on a serious irregularity in the principle of fair conduct of arbitral proceedings embodied in sections 68 and 33 of the English Arbitration Act 1996. More specifically, […]
Trying to create a favourable investment climate, all CIS states have adopted investment protection laws which provide certain privileges to foreign investors. However, when it comes to ratification of international treaties in which states reflect consent to international arbitration of investment disputes, the situation is more nuanced. All CIS countries are parties to the basic international […]
Book reviewed: Sigvard Jarvin, Corinne Nguyen. Compendium of International Commercial Arbitration Forms. Letters, Procedural Instructions, Briefs and Other Documents. Wolters Kluwer. 2017. 612 pages The authoritative legal publisher Wolters Kluwer produced a compendium of English-language forms intended for use in international commercial arbitral proceedings. The compilers of the compendium are Sigvard Jarwin, a well-known international arbitrator, […]
On 28 March 2018, the French Court of Cassation reinstated a $49 mln Energy Charter Treaty (“ECT”) award against the Republic of Moldova, that was set aside by the Paris Court of Appeal on jurisdictional grounds in 2016. The Court of Cassation considered that the lower court violated the text of ECT by imposing a […]
Russian legislator has recognized the arbitrability of employment disputes in professional sports.online pharmacy https://www.mydentalplace.com/wp-content/uploads/2020/07/new/fluoxetine.html no prescription drugstore * This remarkable legislative provision received inadequately little attention by sports and arbitration legal community. This post contains some reflections on the peculiarities of the current regulation. Employment disputes under Russian Law: arbitrability denied but strongly desired The […]
On 30 January, Iran announced the intention to file a claim with the ICC International Court of Arbitration over the quality and price of Turkmenistan gas. The gas dispute between Iran and Turkmenistan broke out in January 2017, when Turkmenistan stopped its gas exports to Iran.online pharmacy https://www.arborvita.com/wp-content/themes/spacious/inc/new/antabuse.html no prescription drugstore Turkmengaz, the national gas […]
In December 2017, the London High Court set aside the recognition of the Russian insolvency proceedings in the United Kingdom in a case concerning Hermitage Capital Management dispute. The London High Court established that the Russian liquidator of Dalnyaya Step LLC (“Dalnyaya Step”) should have disclosed that the company had been previously prosecuted in the Russian Federation. […]
Obtaining evidence for sport-relating disputes in a dubious way remains frequent in practice. In particular, parties often use such evidence in CAS. It follows from the applicable law, that relying on such evidence does not contradict public policy. On 10 January 2018 Fancy Bears’ Hack Team made public communication between International Olympic Committee (IOC) and World Anti-Doping […]
In recent Russian dispute resolution practice, judges incline to consider independent guarantees as not completely independent from the underlying secured obligations. This post offers recommendations for both guarantors and beneficiaries to avoid risks that the judiciary practice twists may entail. The use of independent guarantees The independent guarantee is a surety allowing claiming money from the guarantor […]
20th Anniversary ICAL Conference in Stockholm on 31.08 and 01.09
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