Archive for March, 2011

Confidentiality in Arbitration under Kazakhstan Law

Confidentiality in Arbitration under Kazakhstan Law

Confidentiality is one of the main advantages of arbitration recognized in Kazakhstan and other jurisdictions. In practice, however, a number of problems related to confidentiality remain unresolved. The controversial issues include disclosure of information related to cases of particular importance to the society at large, observance of confidentiality at the stage of enforcement of arbitral […]

Seminar in Yekaterinburg: Application of English Law on Shareholders’ Rights in Russia

Seminar in Yekaterinburg: Application of English Law on Shareholders’ Rights in Russia

On 12 April 2011 the British Consulate General in Ekaterinburg and the British-Russian Law Association conduct a seminar “Application of English Law in Russia: Shareholder Rights (and related issues)”. According to the organizers, shareholder agreements have a significant impact in Russia. Under Russian corporate law a number of imperative norms exist which cannot be changed […]

Immovable Property Disputes – Non-Arbitrable in Russia?

Immovable Property Disputes – Non-Arbitrable in Russia?

The Presidium of the Russian Supreme Commercial (arbitrazh) Court filed a request in the Constitutional Court to evaluate the constitutionality of a several provisions of the Russian Law “On International Commercial Arbitration” and the Federal Law “On Arbitration Tribunals in the Russian Federation”. In particular, provisions of these laws related to arbitrability of disputes related […]

Arbitration as a Dispute Resolution Mechanism for Interstate Conflicts

Arbitration as a Dispute Resolution Mechanism for Interstate Conflicts

The International Court of Justice is currently considering the first ever case in which Russia is a party. The dispute was initiated by Georgia which alleged violations of the International Convention on the Elimination of All Forms of Racial Discrimination. Georgia argues that, since 1990 Russia directly and through its controlled entities of Abkhazia and […]

Is it a Long Way for Ukraine to Become Arbitration-Friendly?

Is it a Long Way for Ukraine to Become Arbitration-Friendly?

A somewhat bizarre court decision has recently been taken in Ukraine which may affect businesses’ perception about Ukraine being an arbitration-friendly jurisdiction. On 20 January 2010, a Ukrainian company Signus filed a lawsuit against Austrian Slav Handel and others (hereinafter “Signus v. Slav Handel”). Signus sought sought in the Kiev Economic Court invalidation of certain […]

Russian Government Adopts Model Mediation Training Program

Russian Government Adopts Model Mediation Training Program

The new Russian Law on Mediation which entered into force in January 2011 imposes special requirements on those who want to become professional mediators. In order to become a professional mediator apart from having a university degree, it is necessary to pass a special mediation training according to a program approved as established by the […]

Towards Non-arbitrability of Consumer Disputes in Ukraine

Towards Non-arbitrability of Consumer Disputes in Ukraine

On 3 February 2010 a new bill related to arbitration was introduced to the Ukrainian parliament – Verkhovna Rada. The proposed amendments change Article 6 of the Law on Arbitration Courts which governs competence of arbitration tribunals. It purports to exclude consumer disputes from jurisdiction of arbitration tribunals, thus making such disputes non-arbitrable in Ukraine. […]

ICC Mediation Conference: Mock Cases but Real Issues

ICC Mediation Conference: Mock Cases but Real Issues

The second ICC International Mediation Conference “Win-Win Strategies: Tools for Corporate Dispute Management” took place at the ICC headquarters in Paris on 10 February 2011. Following the six days 6th ICC International Mediation Competition the conference was the final event of the ICC Mediation Week 2011. 58 teams from 27 countries (including a number of […]