Recent Posts

Gas Price Renegotiation: A Sign of the Times

Gas Price Renegotiation: A Sign of the Times

The uncertain geopolitical landscape of today’s natural gas markets has led increasingly to renegotiation of long-term gas supply contracts. Such contracts, which can be worth billions of dollars, often include price adjustment mechanisms which are intended to ensure that over the lifetime of the contract the contractual price can be adjusted to reflect changes in […]

By 10 February, 2015 0 Comments Read More →
Will A Bridge between the Crimea and Russia Violate International Law?

Will A Bridge between the Crimea and Russia Violate International Law?

Following Russia’s annexation of Crimea in 2014, international law scholars have faced a range of complex questions ranging from protection of investors to, most recently, building a bridge linking it with Russia’s Krasnodar region. In December the Russian appointed Prime Minister of Crimea Sergey Aksyonov acknowledged that the initial Russian project to build a bridge though the Kerch Strait might lead to […]

By 28 January, 2015 0 Comments Read More →
Disclosure of Lawyer/Client Communications in JSC BTA Bank v Ablyazov

Disclosure of Lawyer/Client Communications in JSC BTA Bank v Ablyazov

English court considers whether privileged documents should be disclosed under the “iniquity exception” in JSC BTA Bank v Ablyazov. Communications between a client and its lawyer for the purposes of litigation or the giving or receiving of legal advice are confidential and privileged under English law. There are very few exceptions to this important principle. […]

By 22 January, 2015 0 Comments Read More →
Russian Court (Yet Again) Finds an Optional Dispute Resolution Clause Partially Void

Russian Court (Yet Again) Finds an Optional Dispute Resolution Clause Partially Void

In a decision rendered on 27 November 2014 the Rostov Region Commercial Court voided an optional dispute resolution clause (“lender’s option”) in a facility agreement. The said provision empowered only one of the parties to institute proceedings before any competent state courts despite the arbitration clause and an alternative provision providing for the exclusive jurisdiction of English courts. […]

By 23 December, 2014 0 Comments Read More →
International Centre for Dispute Resolution at the CIS Economic Court Sets New Trends

International Centre for Dispute Resolution at the CIS Economic Court Sets New Trends

Last year the Presidium of the International Centre for Dispute Resolution at the Economic Court of the Commonwealth of Independent States (ICDR) adopted the amended procedure for the settlement of disputes in the ICDR. The most significant changes occurred in the ICDR Arbitration Rules and Conciliation Rules. The ICDR was established by the CIS Economic Court, the […]

By 19 December, 2014 0 Comments Read More →
Approach of Russian Courts to International Forum Shopping

Approach of Russian Courts to International Forum Shopping

Unlike in the United Kingdom or the United States, international forum shopping is rarely at issue in Russian case law or legal doctrine. However, disputes related to forum shopping do arise in Russia: it happens that the same disputes fall within the jurisdiction of national courts of several states, e.g. the national court of the […]

III International Student Contest in International Commercial Arbitration Took Place in Minsk

III International Student Contest in International Commercial Arbitration Took Place in Minsk

On 29 November—1 December 2014, ICC Lex Mercatoria — the III International Students’ Contest in International Trade Law and International Commercial Arbitration hosted by the Law Faculty of the Belarusian State University — took place in Minsk. The Aims of the Competition ICC Lex Mercatoria, the annual international students contest in Belarus, every year attracts more participants, […]

By 10 December, 2014 0 Comments Read More →
Russian Courts Reject Overly Broad Interpretation of Investment Treaty Arbitration Clause

Russian Courts Reject Overly Broad Interpretation of Investment Treaty Arbitration Clause

Arbitral tribunals in Moscow interpreted surprisingly broadly the dispute resolution provision in an investment treaty, allowing the investors to apply at unlimited number of fora at their choice. However, the Minsk-based CIS Economic Court in its decision on 23 September clarified that such provision establishes only a potential possibility of investor-state dispute resolution by international arbitration provided that the […]