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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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
Rosinvestco UK Ltd. vs. the Russian Federation, SCC Arbitration No. V (079/2005), 10.2007 (Award on Jurisdiction)
Vladimir Berschader and MoiseBerschader v the Russian Federation, SCC Arbitration (No. 080:2004), Award dated 21 April 2006
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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