Author Archive: Yarik Kryvoi

Prof Yarik Kryvoi, MCIArb is the founder and co-editor of the CIS Arbitration Forum. He is the Senior Research Fellow in International Economic Law and Director of the Investment Treaty Forum at the British Institute of International and Comparative Law (BIICL). He holds law degrees from Harvard, Moscow and St Petersburg. He has been teaching and practicing international arbitration in Russia, the United States and England for over ten years and is listed as arbitrator by several arbitration institutions. Prof Kryvoi also served as a Co-Chair of the International Courts Committee of the American Bar Association's Section of International Law. He also serves a tutor at the Chartered Institute of Arbitrators in London. See full profile at kryvoi.net.

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Ukrainian Courts Review Arbitrability of Corporate Disputes
By 15 January, 2012 1 Comments Read More →

Ukrainian Courts Review Arbitrability of Corporate Disputes

In its recently published judgment the High Specialised Court of Ukraine on Civil and Criminal Cases (the “High Specialised Court”) reviewed the issue of the arbitrability of corporate disputes, as well as the arbitrability of claims that concern the establishment of the facts of a case. However, the findings of the third instance court raise more questions […]

Suspension of Arbitral Award Enforcement Because of Financial Hardship
By 14 December, 2011 0 Comments Read More →

Suspension of Arbitral Award Enforcement Because of Financial Hardship

On 3 November a Russian court of appeal set aside the 2-year suspension order of arbitral award enforcement granted  because of financial difficulties of the debtor. The history of arbitration is as follows. English company Borregaard Industries Ltd operating in Norway successfully applied to the Commercial Court of Saint-Petersburg and Region to enforce an arbitral […]

Public Policy in Russia and India – Which State is More Arbitration-Friendly?
By 8 November, 2011 0 Comments Read More →

Public Policy in Russia and India – Which State is More Arbitration-Friendly?

The highest judicial authorities of India and Russia recently considered two cases involving the enforcement of foreign arbitral awards where they had to deal with the concept of ordre public. Both states are perceived as arbitration-hostile jurisdictions, however, their approaches in analysing the identical issue were quite different. In Phulchand Exports Ltd. v OOO Patriot (2011) the […]

Chasing the Russian Federation

Chasing the Russian Federation

On 1 July 2011 the Supreme Court of Sweden refused sovereign immunity protection to the trade mission of the Russian Federation. The decision opens a new page in a long battle between the Russian Federation and a German investor Franz Sedelmayer who won in arbitration against Russia in 1998. In early 1990s, Franz Sedelmayer, a […]

Yukos v Rosneft: Russian Courts are not Independent

Yukos v Rosneft: Russian Courts are not Independent

The Yukos saga continued in English courts this month. In Yukos vs. Rosneft English High Court found an issue estoppel based on a Dutch court determination that Russian judgments annulling Yukos arbitral awards resulted from a partial and dependent judicial process The facts of the case were as follows. Yukos Capital SARL (“Yukos”) claimed interest […]

Russian and CIS Arbitration Network’s Launch Party

Russian and CIS Arbitration Network’s Launch Party

The Russian and CIS Arbitration Network (RCAN) scheduled its formal launch party for July 21. The Law Society of England and Wales will host the event in the heart of London City. The Russian and CIS Arbitration Network brings together arbitration practitioners working in Russia and other CIS jurisdictions to share knowledge and experience of […]

English Law Week 2011 in Moscow

English Law Week 2011 in Moscow

Russian parties often chose English law to govern their transactions and disputes and the number of Russia-related arbitrations has been growing at the London-based LCIA. Between 27-29 June UK lawyers will have an opportunity to promote themselves on the Russian market. The Bar Council and the Law Society of England and Wales in partnership with […]

Investment Arbitration and Protection of Subsoil Users: the View from Kazakhstan

Investment Arbitration and Protection of Subsoil Users: the View from Kazakhstan

This article is devoted to actual issues of subsoil users’ disputes in international arbitration, particularly, to the definition of international investment arbitration, investment dispute, and provides a brief analysis of current legislation of the Republic of Kazakhstan in regards to exclusive competence of state courts on specific issues. As we know, there are several types […]

Religion and Arbitrators under English Law

Religion and Arbitrators under English Law

Many Russian and CIS businessmen incorporate clauses in commercial contracts providing for LCIA arbitration in London. Often such contracts also include requirements for nationality and other qualifications of arbitrators of their choice. But how far is it possible to go under English law in specifying their requirements? The UK Supreme Court ruling in Hashwani v […]

Legal Nuances of Russian-English Translation

Legal Nuances of Russian-English Translation

Russian legal terminology may often pose a challenge even to Russians, let alone those educated in the common law tradition. If mistranslated – or translated too literally, by means of what linguists call a “calque” – Russian legalese, part of the civil law system heavily influenced by German law and necessarily steeped in Hegelian-Marxist discourse, […]

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 […]

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 […]

Conference in London: Arbitrating CIS Disputes through the LCIA
By 24 February, 2011 0 Comments Read More →

Conference in London: Arbitrating CIS Disputes through the LCIA

The LCIA in conjunction with the British-Russian Law Association is organizing a conference on practical issues of CIS dispute resolution in London. On 17 March 2011, the participants will discuss commencing and progressing LCIA proceedings, multiparty arbitrations, as well as on issues of costs and enforcement. Keynote participants include: James Clanchy (Registrar and Deputy Director […]

Challenging Jurisdiction of Arbitral Tribunals in Russian Courts
By 14 February, 2011 0 Comments Read More →

Challenging Jurisdiction of Arbitral Tribunals in Russian Courts

It is not possible to challenge in state courts decisions on jurisdiction of arbitral tribunals constituted in accordance with the Russian Federal Law ‘On Arbitration Tribunals’. That is the ruling of the Presidium of the Supreme Commercial (Arbitrazh) Court published the Court’s web site earlier this year. The issue was whether it was possible to […]

CIS Arbitration Professionals Group to Be Launched in London
By 11 February, 2011 1 Comments Read More →

CIS Arbitration Professionals Group to Be Launched in London

British-Russian Law Association and Clifford Chance announced the creation of a new group for arbitration professionals under 40 years of age with an interest in Russia-related matters, whether based in Moscow, London or elsewhere. The idea is to organize several meetings a year to discuss arbitration involving Russian/CIS interests or parties. Future events will entail […]

The Rosneft-BP Deal Will Be Scrutinized by Arbitrators in Stockholm
By 2 February, 2011 0 Comments Read More →

The Rosneft-BP Deal Will Be Scrutinized by Arbitrators in Stockholm

Today a British court decided to suspend the multi-billion transaction of Rosneft and British Petroleum (BP). Under the terms of the BP-Rosneft $16bn share swap, Rosneft is to take a 5 per cent stake in BP. In exchange, BP will raise its holding in Rosneft from 1.25 per cent to 10.8 per cent. Both BP […]

Shareholders’ Dispute over the Proposed Merger of VimpelCom and Wind
By 24 January, 2011 0 Comments Read More →

Shareholders’ Dispute over the Proposed Merger of VimpelCom and Wind

A major CIS-related telecom arbitration may be initiated soon. Shareholders of Vimplecom, a major Russian mobile phone operator, dispute the proposed merger of VimpelCom and WIND TELECOM S.p.A., which controls a leading Italian telecom provider. If the deal is approved at the general meeting of shareholders, the venture will be the world’s sixth largest mobile […]

Russian Arbitration Users in Europe: Growth and Misunderstandings
By 20 January, 2011 0 Comments Read More →

Russian Arbitration Users in Europe: Growth and Misunderstandings

Until very recently, the word “arbitration” was unfamiliar to many lawyers in Russia. The word still carries two meanings there: one referring to the system of Russian state commercial courts and the other, the more generally-recognized contract-based private dispute resolution procedure. Although many in Russia understand the western concept of “international arbitration” in general terms, a number […]

New Amendments to the Russian Law on International Commercial Arbitration
By 17 January, 2011 0 Comments Read More →

New Amendments to the Russian Law on International Commercial Arbitration

The Ministry of Economic Development of the Russian Federation has recently proposed amendments to the Federal Law “On International Commercial Arbitration”. The amendments reflect more than fifteen years of application of that Law. They also reflect the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration which was the basis for the Russian […]

Russian Constitutional Court on Language in Arbitration Proceedings
By 27 December, 2010 0 Comments Read More →

Russian Constitutional Court on Language in Arbitration Proceedings

The arbitral tribunal may consider evidence in any language even if the parties agreed upon a particular language of the arbitration, the Russian Constitutional Court confirmed. Russian parties trying to enforce arbitral awards sometimes apply to the Russian Constitutional Court to clarify the meaning of the Federal Law “On International Commercial Arbitration”.This law almost completely […]

From California to Belarus Because of an Ambiguous Arbitration Clause
By 14 December, 2010 0 Comments Read More →

From California to Belarus Because of an Ambiguous Arbitration Clause

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 […]

The European Court of Human Rights: an Arbitration Award Can Be Expropriated
By 9 December, 2010 0 Comments Read More →

The European Court of Human Rights: an Arbitration Award Can Be Expropriated

The European Court of Human Rights recently ruled in Kin-Stib & Majkic v. Serbia that failure to enforce an arbitral award amounts to violation of the right to peaceful enjoyment of possession. This note first summarizes the ruling and then considers its implications. In particular, it discusses whether an arbitral award can be expropriated by […]

The Yukos Legal Insurgency
By 7 December, 2010 1 Comments Read More →

The Yukos Legal Insurgency

When former Yukos shareholders promised a “life-long litigation” for their assets, very few took it seriously. After all, until recently there have been no precedents of successful enforcement of arbitration awards against the Russian Federation. But this perception has been changing over the last last few months, with Yukos shareholders advancing on at least three […]