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Minsk to Host IV ICC Lex Mercatoria Moot in November 2015

Minsk to Host IV ICC Lex Mercatoria Moot in November 2015

On 28-30 November 2015, the IV International Arbitration Moot Court ICC Lex Mercatoria will take place in Minsk (Belarus). The International Arbitration Moot Court ICC Lex Mercatoria aims to promote international commercial arbitration as an alternative means of resolution of commercial disputes. The International Arbitration Moot Court will focus on resolution of a mock case by […]

New Draft Law Aims to Bring Arbitration in Russia to Order

New Draft Law Aims to Bring Arbitration in Russia to Order

Since 2013 the Russian legislator is reforming arbitration laws of Russia. The reason for the reform was a the lack of consistency in Russian arbitration regulations, existence of so-called “pocket arbitration tribunals” and sham arbitration tribunals. The reform aims to facilitate the stability and transparency of the system. The first draft law on arbitration was introduced by Russian Ministry of […]

Arbitrations against Ukraine and its State Bodies in Post-Revolution Period

Arbitrations against Ukraine and its State Bodies in Post-Revolution Period

2014 was one of the most difficult years in the contemporary history of Ukraine in both political and economic terms. The country lived through the Revolution of Dignity in February, the annexation of Crimea in March, the ongoing military conflict in eastern Ukraine and deep financial and economic crisis. In order to counter these difficulties and to […]

Exxon v Russia: What are the Possible Legal Outcomes?  

Exxon v Russia: What are the Possible Legal Outcomes?  

According to media reports, American oil giant ExxonMobil submitted a tax claim against the Russian Federation in arbitration at the Stockholm Chamber of Commerce (the “SCC“) at the beginning of April. The dispute concerns Exxon’s Sakhalin-1 oil and gas project in Russia’s Far East. The investor believes that it overpaid $500 million in profit taxes because a 2009 cut in the rate of profit […]

By 27 April, 2015 0 Comments Read More →
Appellate Court Restores “Lender’s Option to Litigate” Clause

Appellate Court Restores “Lender’s Option to Litigate” Clause

On 12 March 2015 a Russian appellate court overruled the lower court’s decision invalidating the “lender’s option” part of a complex dispute resolution clause and referring parties to arbitration. As discussed earlier on the CIS Arbitration Forum, the lender’s option clause empowers only one of the parties to the facility agreement to institute proceedings before any competent state court in spite of the […]

By 15 April, 2015 0 Comments Read More →
The Problem of ‘Pocket Arbitration Courts’ in Russia: Finally Resolved?

The Problem of ‘Pocket Arbitration Courts’ in Russia: Finally Resolved?

The recent decision of the Russian Supreme Court in the case of Geotrest LLC v Gazprom Invest Vostok LLC and an earlier decision of the Constitutional Court indicate a significant change in the approach of Russian courts to the so-called “pocket arbitration courts”. These decisions contradict the previous practice and will most likely lead to significant […]

French Judgment Unenforceable Because of Lack of Legal Certainty

French Judgment Unenforceable Because of Lack of Legal Certainty

In January 2015 the Russian Supreme Court refused to enforce the Resolution of Paris Appellate Court No. RG 09/19535 dated 18 November 2010 on the collection of EUR 150,000 from the Government of Kaliningrad Region for the Republic of Lithuania. The case highlights the importance of a foreign judge giving reasons in a clear way in order for the decision to be […]

Swedish Court Confirms that Russia is Bound by an Arbitration Agreement It Has Not Signed

Swedish Court Confirms that Russia is Bound by an Arbitration Agreement It Has Not Signed

In a recent decision the Svea Court of Appeal refused to set aside the arbitral award in the Badprim case. In that case, the tribunal had extended an arbitration agreement between a private contractor and a Russian state authority to include the Russian Federation itself. This article first looks at the Badprim case, and then puts it into the […]

By 22 March, 2015 0 Comments Read More →