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. This is a recording of the third panel of the conference, which examines enforcement of foreign judgments and arbitral awards in the CIS region. […]
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 […]
In an earlier post the CIS Arbitration Forum reported on three investment treaty claims which have been initiated this year against Ukraine in the gas sector. In one of them a UK-based energy company, JKX Oil & Gas, and its Dutch and Ukrainian subsidiaries, Poltava Gas B.V. and JV Poltava Petroleum Company, obtained the first ever emergency arbitration award against […]
In September 2015 the UNCITRAL Working Group II (Arbitration and Conciliation) continued its work on formulating a legal framework on the enforcement of settlement agreements, including a convention, model provisions or guidance texts. Currently, parties can request arbitral tribunals to record their settlement agreements as consent awards, ie an arbitral award on terms agreed upon by the […]
Kryvoi, Yaraslau and Davydenko, Dmitry, Consent Awards in International Arbitration: From Settlement to Enforcement (November 7, 2015). online pharmacy https://desiredsmiles.com/wp-content/themes/twentynineteen/inc/new/zovirax.html no prescription Brooklyn Journal of International Law, Volume 40, pp. 827-868, 2015. Full text available at SSRN.
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 […]
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 […]
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 […]
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 […]
Today, it seems, an epic story of enforcement of an SCC award in Russia came to an end. After almost three years of litigation in Russia and Sweden, the Presidium of Supreme Commercial Court of the Russian Federation ruled that the award should be enforced. online pharmacy http://www.tvaxbiomedical.com/pdf/releases/new/wellbutrin.html no prescription During the same session Presidium […]
Russian courts are frequently criticized for being arbitration-unfriendly. Practitioners however acknowledge that most awards are recognized and enforced. In fact, the Russian courts are increasingly adopting pro-arbitration stance, which in some instances goes further than that adopted by the jurisdiction traditionally considered arbitration-friendly. In three recent cases Russian courts took the view, that the respondent […]
The importance of careful drafting of arbitration agreements is often underestimated in countries of the former Soviet Union. A recent case from a United States Court of Appeals illustrates this well. In September 2011, the United States Court of Appeals for the Ninth Circuit considered an ambiguous dispute resolution clause which required settlement of disputes […]
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