Archive for August, 2014

Arbitrability of Disputes Under Public Procurement Contracts In Ukraine: Recent Court Practice

Arbitrability of Disputes Under Public Procurement Contracts In Ukraine: Recent Court Practice

Recent judgments of the Ukrainian courts have again attracted attention to the issue of arbitrability, which remains under debate both in theory and in practice in Ukraine. This time court practice deals with disputes arising out of the so-called “commercial contracts related to satisfaction of the state’s needs” (“Public Procurement Contracts”). The judgments discussed in […]

The Court of the Eurasian Economic Community is Tackling Challenges of the Eurasian Integration

The Court of the Eurasian Economic Community is Tackling Challenges of the Eurasian Integration

The Eurasian Economic Community (“EurAsEC”) was founded in 2000 by Belarus, Kazakhstan, Kyrgyzstan, Russia and Tajikistan. EurAsEC is an international organisation established to promote the process of the effective formation of the Customs Union and the Common Economic Space, as well as of other goals and objectives related to the deepening of integration in the […]

Bank of Moscow and Sberbank Leasing v. Vladimir Kekhman

Bank of Moscow and Sberbank Leasing v. Vladimir Kekhman

UK High Court in Buncruptcy Bank of Moscow and Sberbank Leasing v Vladimir Kekhman and others Judgment April 2014

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VTB Capital v.  Nutritek International Corporation

VTB Capital v. Nutritek International Corporation

UK Court of Appeal VTB Capital v Nutritek International Corp April 2012

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KT Asia Investment Group B.V. v. Republic of Kazakhstan

KT Asia Investment Group B.V. v. Republic of Kazakhstan

KT Asia Investment Group B.V. v Kazakhstan, ICSID Arbitration, Award dated August 2013

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Garanty Koza v. Turkmenistan

Garanty Koza v. Turkmenistan

Garanty Koza v Turkmenistan, ICSID Arbitration, Award dated 3 July 2013

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Yukos Winning Award: Will Russia Avoid Arbitral Enforcement Again?

Yukos Winning Award: Will Russia Avoid Arbitral Enforcement Again?

On 28 July 2014 a historic award in Yukos v. The Russian Federation rendered by the arbitral tribunal seated in The Hague finally became publicly available. The tribunal ordered Russia to pay more than 50 billion US$ for its expropriation of Yukos, making this award the biggest one in the history of international arbitration. Considering the circumstances, […]

Unreliable Warranty as a Basis for Invalidity of a Transaction
By 13 August, 2014 Read More →

Unreliable Warranty as a Basis for Invalidity of a Transaction

Foreign and Russian legal practitioners quite often note the absence of legal enforceability of “warranties” as a shortcoming of the Russian legal system. Meanwhile, the situation is changing as, on 10 July 2014, the Ninth Commercial Appellate Court confirmed the judgment of the Moscow Commercial Court acknowledging the legal force of “contractual warranties” and the duty of parties to […]

Russian Courts Approach Framework Agreement’s Arbitration Clause

Russian Courts Approach Framework Agreement’s Arbitration Clause

Recent Russian commercial court judgments illustrate a new trend in the interpretation of framework supply agreements (“FSA”). The newly developed approach is supposed to become more sensitive to good faith, party willingness and intentions and factual and legal discourse. In Taganrog Automobile Plant v Hyundai Motor Company (case № 15AP-8173/2014) the courts implemented the Russian Supreme Commercial […]