Author Archive: Advandazy

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Building Trust Step By Step – Enforcement of a Russian Commercial Court Decision in Germany
By 14 October, 2013 1 Comments Read More →

Building Trust Step By Step – Enforcement of a Russian Commercial Court Decision in Germany

One of the pervasive issues in Russian-German business relationships is whether court decisions rendered in one of the two countries will be recognised and enforced in the other country. While the answer to this question appeared to be a rather clear “no” in the recent past, it is now a “yes, in some cases” and […]

Особенности рассмотрения в российских судах споров по международным контрактам // Вебинар на Закон.ру
By 14 October, 2013 0 Comments Read More →

Особенности рассмотрения в российских судах споров по международным контрактам // Вебинар на Закон.ру

21 октября 2013 г. с 11:00 до 12:30 по московскому времени будет проводиться вебинар, посвященный особенностям рассмотрения в российских государственных судах споров по международным контрактам: необходимость учета национального права, новые тенденции в связи с присоединением к ВТО, «подводные камни» и типичные проблемы. Вебинар проводится в партнерстве с коллегией адвокатов «Муранов, Черняков и партнеры». CIS Arbitration Forum […]

RAA 40 Seminar in Moscow on Waiver of the Right to Set Aside an Award
By 8 October, 2013 0 Comments Read More →

RAA 40 Seminar in Moscow on Waiver of the Right to Set Aside an Award

RAA40 invites you to its inaugural RAA40 meeting, which will take place on 17 October 2013 from 9 am to 10:30 am at 22 Tverskaya Street, Summit Business Centre, 9th Floor. Hogan Lovells (CIS) has agreed to host the meeting and CIS Arbitration Forum will act as information sponsor of the event. The organisers invite discussion of the following topic that […]

ABA Conference – Is Russia Becoming More Arbitration-Friendly?
By 5 October, 2013 0 Comments Read More →

ABA Conference – Is Russia Becoming More Arbitration-Friendly?

The ABA’s Fifth Annual Conference on the Resolution of the CIS-Related Business Dispute took place on 27 September 2013 in Moscow. More than 140 delegates from around the globe attended the conference, which featured six panels and a set of mock hearings in a complex cross-border dispute. The conference’s panels covered a broad spectrum of […]

В Минске состоится II Международный юридический форум ICC LEX MERCATORIA
By 30 September, 2013 0 Comments Read More →

В Минске состоится II Международный юридический форум ICC LEX MERCATORIA

Международный арбитражный суд ICC (Париж), Международный арбитражный суд при БелТПП, ОО «Белорусский республиканский союз юристов», Российский национальный комитет ICC (ICC Russia, Москва), юридический факультет БГУ при поддержке ООО «ЮрСпектр» (производитель справочных правовых систем «КонсультантПлюс»), информационной поддержке журнала «Промышленно-торговое ПРАВО» и CIS Arbitration Forum 29 ноября 2013 г. в Минске проводят II Международный юридический форум ICC LEX […]

The Value of Expropriated Oil Assets Arbitrated at ICDR Y&I Seminar in Moscow
By 29 September, 2013 0 Comments Read More →

The Value of Expropriated Oil Assets Arbitrated at ICDR Y&I Seminar in Moscow

On 26 September the International Centre for Dispute Resolution Young & International (ICDR Y&I) held a seminar on damages in international arbitration on the premises of the Independent Arbitration Chamber, Moscow. The discussion focused on two issues: (i) valuation date and (ii) pre-award interest. Ms Noradèle Radjai (member of the Executive Board of ICDR Young […]

Necessary Joinder in Arbitration as a Way to Get an Enforceable Award
By 7 September, 2013 0 Comments Read More →

Necessary Joinder in Arbitration as a Way to Get an Enforceable Award

On 19 August the Federal Commercial Court for the Moscow Circuit rendered a decision showing how strong the chain of privity is. The Russian courts may quash an arbitral award if the tribunal has denied the claim of one of the joint creditors and the other one did not participate in the proceedings. Common privity […]

Arbitrability of “Corporate” Disputes in Ukraine – No News is Good News?
By 23 August, 2013 0 Comments Read More →

Arbitrability of “Corporate” Disputes in Ukraine – No News is Good News?

Whether so-called “corporate” disputes are capable of settlement by arbitration under the law of Ukraine appears to have been one of the most controversial issues in arbitration law in Ukraine in recent years, at least when judging by the perceived number of essays in law journals (including this forum). Recently, Ukrainian commercial courts handed down decisions […]

Arbitration Clause Covers Claims for Damages… But Not All
By 14 August, 2013 0 Comments Read More →

Arbitration Clause Covers Claims for Damages… But Not All

On 7 August the Federal Commercial Court for the Moscow Circuit delivered a remarkable decision clarifying the principles of arbitration clause interpretation. More specifically, the Circuit Court explained which claims for damages go with a standard arbitration clause and which do not, unless expressly mentioned in such clause. It stated that such claims may fall within the […]

Proper Notices in Arbitration in Ukraine – Watch the Details

Proper Notices in Arbitration in Ukraine – Watch the Details

This article analyses the most recent application by Ukrainian courts of Article V(1)(b) of the New York Convention.  It provides that recognition and enforcement of a foreign arbitral award may be refused where a party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings. The analysis shows that […]

Is the Door to England Still That Wide Open for CIS Disputes?
By 11 March, 2013 0 Comments Read More →

Is the Door to England Still That Wide Open for CIS Disputes?

6 February marked lawyers’ calendars with an important message from the UK Supreme Court: English courts will not accept jurisdiction over a dispute in which the “centre of gravity” is in another country. In particular, the Court found that in a tort claim, where the key issues in the litigation would on the face of […]

Kilic v. Republic of Turkmenistan
By 24 February, 2013 0 Comments Read More →

Kilic v. Republic of Turkmenistan

Kılıç İnşaat İthalat İhracat Sanayi v Turkmenistan, ICSID Arbitration (No. ARB:10:1), Award dated 7 May 2012 Separate Opinion of Professor William Park May 2013

Posted in: Library
Rosinvestco UK Ltd. v. Russian Federation
By 24 February, 2013 0 Comments Read More →

Rosinvestco UK Ltd. v. Russian Federation

Rosinvestco UK Ltd. vs. the Russian Federation, SCC Arbitration No. V (079/2005), 10.2007 (Award on Jurisdiction)

Posted in: Library
Vladimir Berschader and MoiseBerschader v. Russian Federation
By 24 February, 2013 0 Comments Read More →

Vladimir Berschader and MoiseBerschader v. Russian Federation

Vladimir Berschader and MoiseBerschader v the Russian Federation, SCC Arbitration (No. 080:2004), Award dated 21 April 2006

Posted in: Library
Russia Included in New Legal Treatise on Mediation
By 12 December, 2012 0 Comments Read More →

Russia Included in New Legal Treatise on Mediation

At the end of November 2012 Oxford University Press publishing house released the treatise “Mediation. Principles and Regulation in Comparative Perspective”. With its clear and reader-friendly structure, this book gives an insight into the key problems and most recent tendencies of the law and practice of mediation in various countries, including Russia. The book was […]

ICSID Secretary-General Participates in Minsk Arbitration Workshop
By 25 November, 2012 2 Comments Read More →

ICSID Secretary-General Participates in Minsk Arbitration Workshop

On November 19-20, 2012 the Minsk-based International University “MITSO” hosted a rather unusual event for Belarus. In collaboration with the Ministry of Foreign Affairs it held a two-day investments disputes settlement workshop with the participation of the Secretary-General of ICSID and a team of outstanding Belarusian and foreign experts in the sphere of international investment […]

Kyiv Commercial Court Reviews ICSID Award Against Ukraine
By 23 August, 2012 1 Comments Read More →

Kyiv Commercial Court Reviews ICSID Award Against Ukraine

A recent decision of the Kyiv Commercial Court is of particular importance to arbitration practitioners since it concerns not only issues related to the invalidation of a joint investment activities agreement, but also the application of the findings of the ICSID Tribunal which were previously made in respect of this agreement. The Ukrainian court invalidated […]

Russian Constitutional Court on the Period for Enforcement of Foreign Arbitral Awards
By 30 January, 2012 0 Comments Read More →

Russian Constitutional Court on the Period for Enforcement of Foreign Arbitral Awards

The Russian Constitutional Court (“RCC”) recently had to review Russian legislation on the procedure governing the enforcement of foreign arbitral awards. On 2 November 2011 the court ruled that the application for enforcement of foreign arbitral awards had to be made within the period of three years of the effective date of the arbitral award unless […]

Enforcement of Russian Arbitral Awards in Germany
By 19 January, 2012 0 Comments Read More →

Enforcement of Russian Arbitral Awards in Germany

National courts in many countries show an increasing willingness to recognise and enforce Russian arbitral awards. Not surprisingly, this tendency has developed through adoption of the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). Germany has been a party to the New York Convention since 1961. […]

Corporate Disputes in Russia: Arbitrable or Non-Arbitrable?
By 28 December, 2011 4 Comments Read More →

Corporate Disputes in Russia: Arbitrable or Non-Arbitrable?

Several recent court decisions in Russia, the most recent of which was taken on December 6, 2011, show disagreement with regard to arbitrability of corporate disputes in Russian state courts. On May 26, 2011 the Constitutional Court of the Russian Federation confirmed arbitrability of real estate disputes. The decision on arbitrability of corporate disputes is yet […]

Conference on Arbitration in South Caucasus Held in Georgia
By 6 October, 2011 0 Comments Read More →

Conference on Arbitration in South Caucasus Held in Georgia

The Annual International Conference from the cycle of “Arbitration and Mediation in Central and Eastern Europe and Some Asian countries” was held in Batumi, Georgia on September 21-22, 2011. The Chamber of Commerce and Industry of Republic of Adjara (Georgia) and Polish Society for Arbitration and Mediation (Poland) organized the conference, which was hosted by […]

Enforcement of Russian Arbitral Awards in the United States
By 26 August, 2011 0 Comments Read More →

Enforcement of Russian Arbitral Awards in the United States

The Russian Federation and the United States are both parties to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the so-called “New York Convention”. Russia acceded to the New York Convention in 1960 and the United States ratified the treaty in 1970. Enforcement of Russian arbitral awards in the […]

Impartiality of Arbitrators and Arbitrability of Corporate Disputes – Russian Courts’ View

Impartiality of Arbitrators and Arbitrability of Corporate Disputes – Russian Courts’ View

On June 21, 2011, the City of Moscow Commercial Court (the “City Court”) annulled an award of the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry (the “ICAC”) rendered on March 31, 2011. According to that award, Novolipetsk Steel JSC (“NLMK”) was ordered to pay 9.5 billion roubles (approximately 237 million […]

Arbitral Tribunals in Russia: Civil Society Institutions or State Actors?

Arbitral Tribunals in Russia: Civil Society Institutions or State Actors?

The Russian Constitutional Court emphasised the role of arbitration in resolution of private-law disputes. Having referred to the arbitral tribunals as “civil society institutions”, it however found that proceedings before them should comply with the requirements of Article 6 of the European Convention on Human Rights. On 26 May 2011 the Constitutional Court of the […]

Russian Courts Misinterpreted Article V(1)(c) of the New York Convention

Russian Courts Misinterpreted Article V(1)(c) of the New York Convention

Recent practice before courts of the Russian Federation demonstrates that courts there apply certain provisions of the N.Y. Convention in an inconsistent manner.  Specifically, if an arbitral award contains decisions outside the arbitral tribunal’s authority, article V(1)(c) of the N.Y. Convention permits courts to refuse recognition and enforcement of such an award. According to scholarly […]

Three Levels of Russian Courts Review Arbitrators’ Choice-of-Law Determination
By 22 April, 2011 0 Comments Read More →

Three Levels of Russian Courts Review Arbitrators’ Choice-of-Law Determination

Russian courts recently found that an arbitral tribunal’s choice of law determination is subject as a matter of procedure to state court control. Consequently, an “incorrect” determination of substantive law can amount to a violation of public policy in Russia. On October 14, 2006, a Russian buyer, OJSC Efirnoe (hereinafter “Efirnoe”) and a Ukrainian seller, […]

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 […]