Recognition and enforcement of arbitral awards

Naftogaz and the enforcement of arbitral awards

Naftogaz and the enforcement of arbitral awards

On 28 February 2018, Ukraine’s state-owned gas entity, Naftogaz, secured an award of US$4.67 billion against Gazprom –which required Gazprom only to make a payment of US$2.56 billion on account of certain residual payments owed by Naftogaz – following a lengthy dispute between the parties concerning the supply and transit of Russian gas to consumers […]

Arbitration Reform in Ukraine: New Possibilities for Arbitration Users

Arbitration Reform in Ukraine: New Possibilities for Arbitration Users

After many years of discussions and active work of various working groups and Ukrainian Parliament, in the end of 2017 Ukraine has finally reformed its arbitration-related procedural legislation. Now the arbitration users may seek Ukrainian courts’ assistance in obtaining interim measures, preserving and collecting evidence necessary for arbitral proceedings, which remained practically impossible prior to […]

Fraud allegations at the enforcement stage of ASCOM case
By 7 December, 2017 0 Comments Read More →

Fraud allegations at the enforcement stage of ASCOM case

The Swedish Supreme Court recently put an end to Kazakhstan’s attempts to set aside the award rendered by SCC tribunal in favour of Anatolie and Gabriel Stati, Ascom Group SA and Terra Tar Trans Trading (“ASCOM” or the “Claimant”). The Supreme Court rejected the claims, declaring that Kazakhstan provided insufficient evidence to support their fraud allegations. Nevertheless, the […]

Why Russian courts refused to enforce SCC award against Tecon group company in SPIG s.p.a v ZAO PK Promcontroller

Why Russian courts refused to enforce SCC award against Tecon group company in SPIG s.p.a v ZAO PK Promcontroller

On 2 October 2017, the Supreme Court of the Russian Federation refused to recognise and enforce an arbitration award issued in favour of Italian manufacturer SPIG by a tribunal under the Rules of the Arbitration Institution of the Stockholm Chamber of Commerce (the “SCC“) against indirectly state-owned Russian company Promkontroller. This decision marks the end […]

US Court Enforces $140+ Million SCC award in Carpatsky Petroleum v Ukrnafta

US Court Enforces $140+ Million SCC award in Carpatsky Petroleum v Ukrnafta

On 2 October 2017, a Texas federal judge confirmed a $140+ million award issued by a tribunal under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce in favour of Carpatsky Petroleum Corporation (“CPC“) against the Ukrainian oil company, OJSC Ukrnafta. The Texas ruling marks the important end of an award battle […]

The Russian Saga of Lugana: Have the Courts Ignored the Res Judicata Principle?

The Russian Saga of Lugana: Have the Courts Ignored the Res Judicata Principle?

Russian courts have found themselves in a very controversial position regarding the enforcement of international arbitral awards. It turns out that the courts have enforced two arbitral awards in a dispute between the same parties on the same matter, something which called the res judicata principle into question. The Supreme Court of the Russian Federation […]

State immunity and state-owned enterprises: a recent dispute involving Moldova

State immunity and state-owned enterprises: a recent dispute involving Moldova

In a recent judgment (27 January 2017), the Court of the Southern District of New York ordered state enterprise Moldovagaz S.A and the Republic of Moldova to pay USD 27 million to Gater Assets Limited. The judgment raises certain issues regarding the state’s liability for state-owned enterprises’ commercial activities. Given that the Government of Moldova has never been party […]

Paris court confirms state companies’ use of investment arbitration under Russia-Ukraine BIT (Ukraine v Tatneft)

Paris court confirms state companies’ use of investment arbitration under Russia-Ukraine BIT (Ukraine v Tatneft)

On 29 November 2016 the Paris Court of Appeal (the Court) decided to uphold the arbitration award in the long-lasting dispute between Russian oil firm PJSC Tatneft (the Tatneft) and Ukraine. In this case, Ukraine unsuccessfully tried to set aside the $112m investment treaty awards in favour of Tatneft. The main issue in the case was […]

Eжегодная конференция ICC «Россия как место разрешения споров» в Москве
By 1 November, 2016 0 Comments Read More →

Eжегодная конференция ICC «Россия как место разрешения споров» в Москве

Российский национальный комитет Международной торговой палаты (ICC Russia) проводит ежегодную международную арбитражную конференцию «Россия как место разрешения споров», которая состоится 7 декабря в гостинице Royal Radisson Moscow. CIS Arbitration Forum является одним из информационных партнеров этого события. Конференция проводится уже девятый год подряд. Она традиционно ставит своей целью представить мировой опыт и передовые тенденции международного арбитража и, тем самым, содействовать развитию третейских […]

Arbitrators Do (Not Always) Know Best: Consent Awards and Due Process

Arbitrators Do (Not Always) Know Best: Consent Awards and Due Process

Arbitral awards on agreed terms (consent awards) by their very nature rarely face problems with enforcement. However, in late 2015 the Russian Supreme court upheld the ruling of the Saint Petersburg Commercial Court refusing enforcement of a consent award rendered by the International Commercial Arbitration Court at the Russian Chamber of Commerce (the “ICAC“). The […]

Ukrainian High Court Summarises Case Law on the Enforcement and Setting Aside of International Arbitration Awards

Ukrainian High Court Summarises Case Law on the Enforcement and Setting Aside of International Arbitration Awards

On 11 December 2015, the Highest Specialised Court of Civil and Criminal Cases of Ukraine (the “HSC“) approved its Overview of case law related to the recognition and setting aside of international arbitration awards by Ukrainian courts (the “Overview“). The Overview was officially published in February 2016. By means of this Overview, the HSC confirmed […]

Enforceability of Emergency Arbitrator Awards in Ukraine

Enforceability of Emergency Arbitrator Awards in Ukraine

In an earlier post the CIS Arbitration Forum reported on three investment treaty claims which have been initiated this year against Ukraine in the gas sector. In one of them a UK-based energy company, JKX Oil & Gas, and its Dutch and Ukrainian subsidiaries, Poltava Gas B.V. and JV Poltava Petroleum Company, obtained the first ever emergency arbitration award against […]

Enforcement of Settlement Agreements Reached in Arbitration and Mediation

Enforcement of Settlement Agreements Reached in Arbitration and Mediation

In September 2015 the UNCITRAL Working Group II (Arbitration and Conciliation) continued its work on formulating a legal framework on the enforcement of settlement agreements, including a convention, model provisions or guidance texts. Currently, parties can request arbitral tribunals to record their settlement agreements as consent awards, ie an arbitral award on terms agreed upon by the […]

Russian Supreme Court Strengthens Creditors’ Right to Challenge Enforcement Decisions
By 13 October, 2015 0 Comments Read More →

Russian Supreme Court Strengthens Creditors’ Right to Challenge Enforcement Decisions

In a recent decision of 9 October the Supreme Court of the Russian Federation extended safeguards for bankruptcy creditors against unfounded claims based on arbitral awards. The abuse of arbitration for the purposes of creating fake grounds for claims to get the most out of the debtor’s bankruptcy has long been a problem in Russia. […]

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 […]

Notice of Arbitration to the Parent Company: Proper or Not?
By 3 September, 2014 0 Comments Read More →

Notice of Arbitration to the Parent Company: Proper or Not?

In a recent decision the Supreme Commercial Court of the Russian Federation found that a notice of arbitration proceedings to the parent company’s general counsel was proper in the context of the facts of the case. The decision has also raised discussions about other related issues: first, in which cases could such notice be improper and […]

Seminar “Current Trends in Russian Arbitration Law” in Hamburg
By 24 August, 2014 0 Comments Read More →

Seminar “Current Trends in Russian Arbitration Law” in Hamburg

Seminar “Current trends in Russian arbitration law – in light of the recent case law and the pending law reform” took place on 2 September 2014 in Hamburg (Germany). Norton Rose Fulbright hosted this event organized by the German-Russian Lawyers’ Association. Important new developments occurred this summer with regard to pending Russian legislative reform on domestic […]

Do Russian Courts have Power to Set Aside Foreign Awards?

Do Russian Courts have Power to Set Aside Foreign Awards?

The recent decision of the Federal Commercial Court for the Moscow Circuit in CJSC Energo-Holding v JSC Reverta has reopened the discussion as to the Russian court’s power to set aside foreign awards. The court suggested that a Russian court may set aside a foreign award if the tribunal applied Russian substantive law. This post begins with […]

Russian Court on Law Applicable to Arbitrability

Russian Court on Law Applicable to Arbitrability

This week a Russian cassation instance court suggested that foreign laws permitting certain disputes to be referred to arbitration should be respected. This should be the case even if under Russian law similar Russia-related disputes are not arbitrable. Apparently some restrictions on arbitrability have only limited effect. The case before the court concerned enforcement of an […]