Tag: featured

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. online pharmacy https://meadfamilydental.com/wp-content/themes/twentyseventeen/assets/css/css/zithromax.html no prescription 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 […]

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
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
Enforcement of Russian Judgment in England: JSC VTB Bank v Skurikhin
By 3 April, 2014 0 Comments Read More →

Enforcement of Russian Judgment in England: JSC VTB Bank v Skurikhin

A recently-published judgment of the High Court in the case JSC VTB Bank v Skurikhin has confirmed that Russian judgments can be enforced in England and Wales. The English court recovered from the defendant all amounts claimed under the Russian judgments (622 million rubles) with exclusion of penalties because the judge decided “that they are punitive in […]

Posted in: Domestic Proceedings
Baltic Arbitration Days Will Take Place in Riga this June
By 27 March, 2014 0 Comments Read More →

Baltic Arbitration Days Will Take Place in Riga this June

Baltic Arbitration Days will take place on 26–27 June 2014 at Riga Graduate School of Law, Latvia. DIS Baltikum (Baltic Regional Group of the German Institution of Arbitration) is the main host of the conference and CIS Arbitration Forum is its information sponsor. The main conference topics are the international enforcement of arbitral awards and arbitration […]

Posted in: Events
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
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
Russian SCC Says Service under the Hague Convention is a Prerequisite of an Enforceable Foreign Judgment
By 14 February, 2014 0 Comments Read More →

Russian SCC Says Service under the Hague Convention is a Prerequisite of an Enforceable Foreign Judgment

A 28 January 2014 ruling of the Russian Supreme Commercial Court (the “SCC”) will have significant repercussions for international litigation involving Russian parties. According to the SCC a foreign judgment will be enforceable in Russia only if the proceedings were served on the Russian party through official channels provided by the Hague Convention on the […]

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
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
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
Russian Court Recognises Northern Ireland Judgment in the Absence of Special Treaty
By 5 November, 2013 0 Comments Read More →

Russian Court Recognises Northern Ireland Judgment in the Absence of Special Treaty

On 8 October 2013 the Supreme Commercial Court recognised a judgment of the High Court of Northern Ireland (the “Judgment”). This is the first time a Russian court has recognised a judgment from this jurisdiction. The Court recognised the Judgment without enforcement because the Judgment does not require monetary recovery. Recognition without enforcement means that the Russian court acknowledged […]

Posted in: 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
Turkmenistan: Two Recent Decisions on Jurisdiction Prove that the BIT Matters
By 22 October, 2013 0 Comments Read More →

Turkmenistan: Two Recent Decisions on Jurisdiction Prove that the BIT Matters

This summer ICSID tribunals resolved jurisdictional challenges in two cases arising out of construction projects in Turkmenistan. In Kilic Insaat Ithalat Ihracat Sanayi ve Ticaret Anonim Sirketi v Turkmenistan (ICSID Case No. ARB/10/1) the tribunal decided that it does not have jurisdiction. It held that the investor failed to litigate its claims in the Turkmen courts […]

Posted in: Investor-State Arbitration
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
The CIS Arbitration Forum Needs Your Opinion
By 16 September, 2013 0 Comments Read More →

The CIS Arbitration Forum Needs Your Opinion

The CIS Arbitration Forum has been online for more than two years. From a small project launched by a group of academics and practitioners the Forum has grown into a resource cited in submissions to arbitral tribunals and presentations prepared by state agencies.online pharmacy https://www.dino-dds.com/wp-content/themes/twentyseventeen/inc/new/strattera.html no prescription drugstore We would be grateful for your comments […]

Posted in: Survey
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
Ukrainian Arbitration Association Runs the First International Arbitration School in Ukraine
By 19 August, 2013 0 Comments Read More →

Ukrainian Arbitration Association Runs the First International Arbitration School in Ukraine

On 5-9 August the Ukrainian Arbitration Association (the “UAA”) ran an intensive five-day arbitration programme of the First Summer School in International Arbitration organised jointly with the National University of Kyiv Mohyla Academy’s Faculty of Law (“UKMA”). The event has been part of the educational activities of the UAA, which was launched a year ago […]

Posted in: Events
ABA Conference on the Resolution of CIS-Related Business Disputes in Moscow
By 15 August, 2013 0 Comments Read More →

ABA Conference on the Resolution of CIS-Related Business Disputes in Moscow

The American Bar Association Section of International Law is organising the 5th Annual Conference on the Resolution of CIS-Related Business Disputes in Moscow on 27 September 2013. The Organisation Partner of the Conference is ICC Russia www.iccwbo.ru and the CIS Arbitration Forum will act as a media sponsor of the event. The event promises to be a memorable opportunity to network […]

Posted in: 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
ICSID Rejects Denial of Justice Claims against Kazakhstan in a Recently Released Award
By 28 May, 2013 0 Comments Read More →

ICSID Rejects Denial of Justice Claims against Kazakhstan in a Recently Released Award

Last week ICSID released a redacted version of a 2010 award in Liman Caspian Oil B.V. and NCL Dutch Investment B.V. v. Kazakhstan.  While both the facts of the case and the parties’ positions have been redacted, the remaining parts of the award provide illuminating analysis of such issues as legality of the investment as a […]

Posted in: Investor-State Arbitration, Public International Law
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
ICSID Tribunal Found Unfair Treatment of a German Investor by Ukraine
By 20 May, 2013 0 Comments Read More →

ICSID Tribunal Found Unfair Treatment of a German Investor by Ukraine

In an earlier post CIS Arbitration Forum reported that Ukraine was ordered to pay in the region of EUR 3 million to German investors in Inmaris Perestroika Sailing Maritime Services GmbH and others v Ukraine. At that time the final award dated 1 March 2012 had not been published yet.online pharmacy https://kendrickfoundation.org/wp-content/uploads/2022/09/new/amoxil.html no prescription drugstore However, recently the […]

Posted in: Investor-State Arbitration, Public International Law
Competition of Russian and Foreign Jurisdictions: a Case Study
By 16 May, 2013 0 Comments Read More →

Competition of Russian and Foreign Jurisdictions: a Case Study

Competition and cooperation between legal systems is the opening theme of the plenary session of the International Legal Forum in Saint Petersburg on 15-18 May 2013. In October 2012 the Presidium of the Russian Supreme Commercial Court (“SCC”) issued a resolution dealing with competition between foreign and Russian jurisdictions which is relevant to this session and of interest to international litigation practitioners. […]

Posted in: 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
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