Commercial Arbitration

Приведение в исполнение арбитражных решений на согласованных условиях

Приведение в исполнение арбитражных решений на согласованных условиях

Давыденко Д.Л. Международная принудительная исполнимость арбитражных решений на согласованных условиях (International Enforceability of Consent Awards) В статье рассматриваются некоторые особенности применения положений ст. V Конвенции ООН о признании и приведении в исполнение иностранных арбитражных решений 1958 г. («Нью-йоркская конвенция») к арбитражным решениям, вынесенным на согласованных условиях. Проводится анализ того, насколько применимы к такого рода решениям положения п. […]

Minsk to Host IV ICC Lex Mercatoria Moot in November 2015

Minsk to Host IV ICC Lex Mercatoria Moot in November 2015

On 28-30 November 2015, the IV International Arbitration Moot Court ICC Lex Mercatoria will take place in Minsk (Belarus). The International Arbitration Moot Court ICC Lex Mercatoria aims to promote international commercial arbitration as an alternative means of resolution of commercial disputes. The International Arbitration Moot Court will focus on resolution of a mock case by […]

RAA40 Newsletters

RAA40 Newsletters

RAA40 Newsletter No 6 2016 RAA40 Newsletter No 5 2015 RAA40 Newsletter No 4 2014 RAA40 Newsletter No 3 2014 (part 1) RAA40 Newsletter No 3 2014 (part 2) RAA40 Newsletter No 2 2014 RAA40 Newsletter No 1 2013 Acknowledgments RAA40 is a forum for the young arbitration practitioners in Russia to exchange ideas, meet renowned […]

By 1 June, 2015 0 Comments Read More →
Review of Russian Court Decisions Related to Arbitration: January-May 2015

Review of Russian Court Decisions Related to Arbitration: January-May 2015

In January-May 2015 the Russian courts rendered several important decisions dealing with: the arbitrability of public procurement disputes; the effect of pre-existing links between an arbitral institution and a party to arbitration; partial annulment of arbitration awards; and anti-enforcement injunctions. Non-Arbitrability of Public Procurement Disputes Does Not Create Constitutional Issues Application of City Clinical Hospital No. […]

New Draft Law Aims to Bring Arbitration in Russia to Order

New Draft Law Aims to Bring Arbitration in Russia to Order

Since 2013 the Russian legislator is reforming arbitration laws of Russia. The reason for the reform was a the lack of consistency in Russian arbitration regulations, existence of so-called “pocket arbitration tribunals” and sham arbitration tribunals. The reform aims to facilitate the stability and transparency of the system. The first draft law on arbitration was introduced by Russian Ministry of […]

Arbitrations against Ukraine and its State Bodies in Post-Revolution Period

Arbitrations against Ukraine and its State Bodies in Post-Revolution Period

2014 was one of the most difficult years in the contemporary history of Ukraine in both political and economic terms. The country lived through the Revolution of Dignity in February, the annexation of Crimea in March, the ongoing military conflict in eastern Ukraine and deep financial and economic crisis. In order to counter these difficulties and to […]

Appellate Court Restores “Lender’s Option to Litigate” Clause

Appellate Court Restores “Lender’s Option to Litigate” Clause

On 12 March 2015 a Russian appellate court overruled the lower court’s decision invalidating the “lender’s option” part of a complex dispute resolution clause and referring parties to arbitration. As discussed earlier on the CIS Arbitration Forum, the lender’s option clause empowers only one of the parties to the facility agreement to institute proceedings before any competent state court in spite of the […]

By 15 April, 2015 0 Comments Read More →
The Problem of ‘Pocket Arbitration Courts’ in Russia: Finally Resolved?

The Problem of ‘Pocket Arbitration Courts’ in Russia: Finally Resolved?

The recent decision of the Russian Supreme Court in the case of Geotrest LLC v Gazprom Invest Vostok LLC and an earlier decision of the Constitutional Court indicate a significant change in the approach of Russian courts to the so-called “pocket arbitration courts”. These decisions contradict the previous practice and will most likely lead to significant […]

University program on ADR (in Russian language)

University program on ADR (in Russian language)

University program on ADR (in Russian language) authored by Dmitry Davydenko published in “Arbitration” (“Treteyskiy sud”), one of the few Russian legal journals specialised on ADR. The program for master students includes arbitration, mediation and other conflict resolution techniques. Taught by the author in 2011-2014 at Higher School of Economics, Moscow, Russia. Full publication reproduced here (including the […]

Swedish Court Confirms that Russia is Bound by an Arbitration Agreement It Has Not Signed

Swedish Court Confirms that Russia is Bound by an Arbitration Agreement It Has Not Signed

In a recent decision the Svea Court of Appeal refused to set aside the arbitral award in the Badprim case. In that case, the tribunal had extended an arbitration agreement between a private contractor and a Russian state authority to include the Russian Federation itself. This article first looks at the Badprim case, and then puts it into the […]

By 22 March, 2015 0 Comments Read More →
The Future of Arbitration in Russia. Asia in Focus

The Future of Arbitration in Russia. Asia in Focus

The Russian Arbitration Association (RAA) will hold its II Annual International Conference “The Future for Arbitration in Russia. Asia in Focus”. The Moscow Times is a co-organiser and CIS Arbitration Forum is an information partner of the event. The conference will discuss the on-going reform of the arbitration courts in Russia. The working group at the […]

By 3 March, 2015 0 Comments Read More →
How far Should the Court go in Applying Public Policy? Lessons from Sweden

How far Should the Court go in Applying Public Policy? Lessons from Sweden

In January 2015 the Russian Supreme Court upheld the decisions of the lower courts which refused to enforce a SCC arbitration award due to public policy reasons. Prior to that the Swedish Svea Court of Appeal has reviewed the same case in the annulment proceedings and came to the opposite conclusion. The approaches of the Russian and […]

By 19 February, 2015 0 Comments Read More →
Is a New Russia-Ukraine “Gas War” Coming?

Is a New Russia-Ukraine “Gas War” Coming?

On 29 January 2015 Gazprom released a report on its activities and financial indicators for the nine months up to the end of last September.  In this report Gazprom described the procedural details of the  forthcoming “gas price” arbitration between Gazprom and Ukrainian Naftogaz, launched by the parties in summer 2014. This is not the first time […]

By 16 February, 2015 0 Comments Read More →
Details of Russian Arbitration Day 2015 Released

Details of Russian Arbitration Day 2015 Released

The preliminary programme of the Russian Arbitration Day — 2015 conference, aimed at the development of arbitration on post-Soviet territory, was published today. Experts will discuss the current trends and challenges in the field of international arbitration affecting the region. The list of speakers and reports is already on the conference website. This arbitration event will take place in […]

Gas Price Renegotiation: A Sign of the Times

Gas Price Renegotiation: A Sign of the Times

The uncertain geopolitical landscape of today’s natural gas markets has led increasingly to renegotiation of long-term gas supply contracts. Such contracts, which can be worth billions of dollars, often include price adjustment mechanisms which are intended to ensure that over the lifetime of the contract the contractual price can be adjusted to reflect changes in […]

By 10 February, 2015 0 Comments Read More →
Russian Court (Yet Again) Finds an Optional Dispute Resolution Clause Partially Void

Russian Court (Yet Again) Finds an Optional Dispute Resolution Clause Partially Void

In a decision rendered on 27 November 2014 the Rostov Region Commercial Court voided an optional dispute resolution clause (“lender’s option”) in a facility agreement. The said provision empowered only one of the parties to institute proceedings before any competent state courts despite the arbitration clause and an alternative provision providing for the exclusive jurisdiction of English courts. […]

By 23 December, 2014 0 Comments Read More →
International Centre for Dispute Resolution at the CIS Economic Court Sets New Trends

International Centre for Dispute Resolution at the CIS Economic Court Sets New Trends

Last year the Presidium of the International Centre for Dispute Resolution at the Economic Court of the Commonwealth of Independent States (ICDR) adopted the amended procedure for the settlement of disputes in the ICDR. The most significant changes occurred in the ICDR Arbitration Rules and Conciliation Rules. The ICDR was established by the CIS Economic Court, the […]

By 19 December, 2014 0 Comments Read More →
III International Student Contest in International Commercial Arbitration Took Place in Minsk

III International Student Contest in International Commercial Arbitration Took Place in Minsk

On 29 November—1 December 2014, ICC Lex Mercatoria — the III International Students’ Contest in International Trade Law and International Commercial Arbitration hosted by the Law Faculty of the Belarusian State University — took place in Minsk. The Aims of the Competition ICC Lex Mercatoria, the annual international students contest in Belarus, every year attracts more participants, […]

By 10 December, 2014 0 Comments Read More →
International Соmmercial Arbitration Review Renews with Its 10th Anniversary Issue

International Соmmercial Arbitration Review Renews with Its 10th Anniversary Issue

The International Commercial Arbitration Review (ICAR) celebrates its 10th anniversary in 2014. It is the only Russian journal specialised exclusively on problems of international commercial and investment arbitration and mediation. The journal is the successor the International Commercial Arbitration journal, which has been published since 2004 and achieved a high reputation among Russian and foreign specialists. The journal appears in […]

Overview of Essential Russian Cases Related to Arbitration: May–September 2014

Overview of Essential Russian Cases Related to Arbitration: May–September 2014

This overview looks at the most important cases decided by the Russian courts which relate to arbitration. 1. Public Procurement Disputes Not Arbitrable State Establishment Proizvodstenno-Tekhnicheskoe Ob’edinenie Kapitalnogo Remonta i Stroitelstva … v. LLC Arbatstroy (Case No. A40-148581/12, Presidium of the Supreme Commercial Court, Resolution No. 11535/13 dated 28 January 2014 (published in June 2014) The […]