Tag: featured

Applicability of the Estoppel Principle by Ukrainian Courts

Applicability of the Estoppel Principle by Ukrainian Courts

In 2020 Ukrainian civil and commercial courts, especially the Supreme Court considerably increased invoking and applying the principle of estoppel to protect legitimate expectations and prevent procedural abuse. This is remarkable because Ukrainian law does not expressly regulate this principle. Estoppel is a legal concept that prevents someone from arguing something or asserting a right […]

Empirical data on ISDS in the CIS: who are the main winners and losers?

Empirical data on ISDS in the CIS: who are the main winners and losers?

The CIS Arbitration Forum conducted an empirical study on the performance of States in the CIS region in known investor-state disputes between 1996 and June 2020. It shows the growth patterns of the disputes, highlights notable features of their outcomes, and identifies trends regarding the State of investor origin and nationality of arbitrators. The research […]

Tatneft v Ukraine: U.S. District Court explains impartiality and public policy

Tatneft v Ukraine: U.S. District Court explains impartiality and public policy

By a decision handed down on 24 August 2020 in PAO Tatneft v Ukraine, the United States District Court for the District of Columbia rejected an application by Ukraine to set aside an award enforcement order. Tatneft, the fifth largest oil company in Russia, brought the action to enforce a UNCITRAL arbitral award entered against […]

Kazakhstan Defeats Enforcement of Investment Arbitration Award Against National Bank Assets

Kazakhstan Defeats Enforcement of Investment Arbitration Award Against National Bank Assets

The Svea Court of Appeal, on June 17th 2020, handed down its decision in the Republic of Kazakhstan v Stati et al annulling orders of attachment against assets of the National Bank of Kazakhstan. The court ruling is the latest development in the protracted process of enforcement of an SCC investor-state award granted against Kazakhstan […]

English Court Rejects Contempt Application Calling It Personal Vengeance

English Court Rejects Contempt Application Calling It Personal Vengeance

In Navigator Equities Ltd & Anor v Deripaska [2020] EWHC 1798 (Comm), the High Court of England and Wales, on 17th July 2020, held that the claimant’s contempt application was an abuse of process as being primarily motivated by personal animosity against the counterparty.  In this large-value dispute emerging from Russia, the judge emphasized that […]

Dual national fails in a multi billion claim against Russia

Dual national fails in a multi billion claim against Russia

On 22 June 2020 the Russian Ministry of Justice announced that the UNCITRAL tribunal hearing Mr Serghei Pugachev’s US$14.5 billion claim against the Russian Federation under France-USSR 1989 BIT (the “BIT”) lacked jurisdiction over the claimant’s claim. The tribunal found that the claimant was not a French national at the time he made his investments […]

Russian Court Thwarts Asset Shifting Manoeuvre in Support of the LCIA Arbitration

Russian Court Thwarts Asset Shifting Manoeuvre in Support of the LCIA Arbitration

On 4 June 2020, the Commercial Court for the city of St. Petersburg and the Leningrad Region granted provisional relief in order to prevent dissipation of assets and thus to avoid the frustration of enforcement of an LCIA award in Russia. The court articulated ”reasonable suspicion“ standard for preliminary relief and provided further guidance and […]

Investor-State Disputes against the Kyrgyz Republic: new developments

Investor-State Disputes against the Kyrgyz Republic: new developments

This year has presented itself as an economically and socially turbulent year for both states and the private sector. Yet investor-state disputes still arise and continue to proceed during this period, particularly against the Kyrgyz Republic. The following trends can be observed from current cases: the majority of proceedings are brought by investors from the […]

Russian Response to Western Sanctions: Exclusive Jurisdiction of State Commercial Courts

Russian Response to Western Sanctions: Exclusive Jurisdiction of State Commercial Courts

On 8 June 2020, the Russian legislator has implemented changes to the Russian Commercial Procedure Code. The amendment grants Russian commercial courts exclusive jurisdiction over certain types of disputes whose subject matter relates to foreign sanctions or disputes involving sanctioned individuals and legal entities. At the request by sanctioned parties, Russian commercial courts now have […]

Former Yukos Shareholders Seize Russian Vodka Brands in the Netherlands

Former Yukos Shareholders Seize Russian Vodka Brands in the Netherlands

The dispute between Russia and the former majority shareholders of the now-defunct oil and gas company – Yukos has been ongoing since 2014 when the Permanent Court of Arbitration (PCA) tribunal ruled against Russia for illegal expropriation of the company and awarded its former shareholders a record-breaking $50 billion. Since then award creditors continue their […]

Enka v Chubb Russia: Role of the Seat of Arbitration

Enka v Chubb Russia: Role of the Seat of Arbitration

The English Court of Appeal has recently confirmed in Enka v Chubb that English courts are competent to grant anti-suit injunctions in support of arbitrations seated in England and has provided further clarifications on how to properly determine the governing law of the arbitration agreement. A massive fire broke out in 2016 during the reconstruction […]

Как пандемия повлияет на международный арбитраж?

Как пандемия повлияет на международный арбитраж?

Большинство государств ввели карантинные меры, которые предусматривают ограничение поездок за границу, уменьшение социальных контактов, а иногда полную самоизоляцию. Такие меры уже повлияли на мировую и национальную торговлю, финансовые рынки и экономическое состояние бизнеса. Международный арбитраж в этой довольно нестабильной среде пытается администрировать дела в штатном режиме и обеспечивать их рассмотрение без неоправданных задержек. Арбитраж остается […]

Resolution of disputes in the Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry

Resolution of disputes in the Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry

In 2020 Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry (MAC) celebrates its 90th anniversary. Throughout its history, its tribunals have heard more than 4000 cases. Maritime disputes usually involve many complex legal and factual issues. Resolving such disputes requires special knowledge in maritime law and understanding merchant shipping. Particular features of […]

Влияние пандемии на международный арбитраж: взгляд из Украины

Влияние пандемии на международный арбитраж: взгляд из Украины

Тема влияния пандемии на международный арбитраж интересует многих. Можно выделить два аспекта. Первый – влияние ограничений, связанных с пандемией, на общее количество и содержание споров. Второй – непосредственное влияние пандемии на характер ведения арбитража. Что касается первого аспекта, то пока преждевременно говорить о стремительном росте количества дел или об их отличительной черте, связанной, например, с […]

Fresh Unexplained Wealth Orders granted following new Court of Appeal ruling
By 14 April, 2020 0 Comments Read More →

Fresh Unexplained Wealth Orders granted following new Court of Appeal ruling

A recent ruling from the Court of Appeal encouraged the National Crime Agency to push forward with its use of Unexplained Wealth Order applications. The Court of Appeal dismissed an appeal by Zamira Hajiyeva who must now divulge the source of funds used to purchase properties or risk their seizure. In this, first case, brought […]

International Investment Law and Dispute Resolution (online course)

International Investment Law and Dispute Resolution (online course)

Prof Yarik Kryvoi, the founder and co-editor of the CIS Arbitration Forum forum launched a new online course on International Investment Law and Dispute Resolution. This course covers the history and the rationale of protection of foreign direct investments, applicable law, the key principles of international investment law and investor-state dispute settlement. All classes include […]

Российский арбитражный день 2020 планируется в Москве в июне
By 20 February, 2020 0 Comments Read More →

Российский арбитражный день 2020 планируется в Москве в июне

В июне 2020 года в Москве планируется шестой Российский арбитражный день – конференция, которая по праву стала одной из самых успешных в СНГ по теме арбитража. Российский арбитражный день – уникальное мероприятие, в ходе которого на протяжении уже нескольких лет пишутся страницы истории арбитража нашей страны. Спикерами РАД становятся как восходящие звезды арбитража из России, […]

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The New Hague Convention on the Recognition and Enforcement of Foreign Judgments: A New Competition to the New York Convention?
By 22 January, 2020 0 Comments Read More →

The New Hague Convention on the Recognition and Enforcement of Foreign Judgments: A New Competition to the New York Convention?

On 2 July 2019, the delegates of the 22nd Diplomatic Session of the Hague Conference on Private International Law (“Hague Conference”) adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“Convention”). The discussions about potential ratification of the Convention by various countries (including the US and Russia) are […]

The consequences of incorrect or unclear identification of arbitral institution in an arbitration agreement

The consequences of incorrect or unclear identification of arbitral institution in an arbitration agreement

On 10 December 2019, the Plenum of the Russian Supreme Court adopted the Resolution on the fulfillment by Russian courts of the assistance and control functions in respect of internal arbitration and international commercial arbitration. The Supreme Court revised the initial draft due to several recommendations. In particular, this document now contains essential rules with […]

Russian law now presumes the validity of the arbitration agreement
By 2 December, 2019 0 Comments Read More →

Russian law now presumes the validity of the arbitration agreement

Russia is often blamed for being not sufficiently arbitration-friendly jurisdiction where the risk of non-enforcement of the arbitral award remains high. However, a recent empirical study shows that in various years during the period 2008 to 2017 Russian courts granted the overwhelming majority of all recognition & enforcement applications. Since the start of the ongoing […]

Domain disputes resolution in Kazakhstan

Domain disputes resolution in Kazakhstan

In the 21st century, legal disputes relating to information technology (IT) have become a widespread reality. One of the categories of IT disputes concerns domain names and their regulation. The legal protection of domain names is a complex procedure which can be achieved by means of litigation in a state court or institutional arbitration in […]

New Event in Minsk: Representing Interests of States in International Courts and Tribunals
By 16 September, 2019 0 Comments Read More →

New Event in Minsk: Representing Interests of States in International Courts and Tribunals

This joint event of the British Institute of International and Comparative Law and the Belarusian State University will focus on complexities of representing the interests of states in international proceedings, with a particular focus on investor-State disputes. Topics: What makes representing interests of States different compared to representing commercial entities? What are the challenges of […]

VIAC becomes the only European arbitral institution with ‘Permanent Arbitration Institution’ status in Russia
By 11 September, 2019 0 Comments Read More →

VIAC becomes the only European arbitral institution with ‘Permanent Arbitration Institution’ status in Russia

The recent recognition of the Vienna International Arbitral Centre as a Permanent Arbitral institution expands the choice of eligible arbitral institutions for certain categories of corporate disputes in the Russian Federation. To date, only the Hong Kong International Arbitration Centre (HKIAC) has been granted this status alongside five Russian-based arbitral institutions. In July 2019, the […]

Internships with CIS Arbitration Forum

Internships with CIS Arbitration Forum

CIS Arbitration Forum is looking for part-time interns to help with preparing materials offering cutting-edge insights into developments in international arbitration and cross-border dispute resolution. Interns will work (usually remotely) in close cooperation with editors in London and Moscow to produce posts for the Forum, do legal research as well as update and expand its […]

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Лицо арбитража на Санкт-Петербургском форуме 2019
By 22 July, 2019 0 Comments Read More →

Лицо арбитража на Санкт-Петербургском форуме 2019

Одной из секций Санкт-Петербургского международного юридического форума закономерно стала секция по вопросам арбитража. «Лицо арбитража – его арбитры: факторы, влияющие на выбор арбитра», так звучно назвали эту секцию ее организаторы – Российский арбитражный центр при Российском институте современного арбитража. Из всех площадок, что удалось посетить автору, данная оказалась наиболее дискуссионной и интерактивной для максимального вовлечения […]

Lehmann timber case revisited: pirates, maritime lien, and legal costs
By 18 July, 2019 0 Comments Read More →

Lehmann timber case revisited: pirates, maritime lien, and legal costs

Finnish courts recently examined a case which has a bearing to English, Russian maritime and other laws. According to my information, the case has been known to Russian marine insurance circles for years. The outcome of the case now depends essentially on the Finnish courts. The parties provided jurisdiction to them to determine whether the […]

Realization of impartiality and independence principles under the rules of Kazakhstani arbitral institutions

Realization of impartiality and independence principles under the rules of Kazakhstani arbitral institutions

The most reputable arbitral institutions throughout the world establish rules which serve as the basis for unbiased consideration of cases and disputing parties obtain guarantees that disputes between them will be resolved in strict compliance with the law. Arbitral institutions of Kazakhstan do not constitute an exception and most of them establish in their arbitration […]

Baltic Arbitration Days – 2019: Notes from the Field
By 15 July, 2019 0 Comments Read More →

Baltic Arbitration Days – 2019: Notes from the Field

Baltic Arbitration Days – 2019 focused on arbitration in construction and public procurement disputes, current events regarding Brexit, and on the theme “EU and investment arbitration”. Mrs. Korinna von Trotha (DIS, Berlin) introduced the event, informed the audience about the DIS projects, about new electronic case management system, future of digitalization and new IT tools, […]

London High Court: too late for Kazakhstan to challenge an award issued on Canada-USSR BIT

London High Court: too late for Kazakhstan to challenge an award issued on Canada-USSR BIT

On 29 January 2019, by its Judgement, the High Court in London refused to allow Kazakhstan a time extension to pursue a challenge to an award on jurisdiction (Award). The High Court held that the fresh evidence obtained by Kazakhstan was not determinative that would justify reopening the jurisdictional matters of the case The proceedings […]

The Current and Future State of Arbitral Institutions: From Competition to Cooperation?

The Current and Future State of Arbitral Institutions: From Competition to Cooperation?

On 19-23 May 2019, at the Saint-Petersburg International Legal Forum, a multinational panel of experts from various arbitral institutions and state courts presented their views on future developments in arbitration proceedings. Representatives of distinguished arbitral institutions advocated for the type of cooperation that facilitates creating unified standards for arbitration proceedings, making a strong pool of […]

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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 […]

The place of the ‘competence-competence’ principle in the CIS countries legislation

The place of the ‘competence-competence’ principle in the CIS countries legislation

The internationally recognized and legally established principle of ‘competence-competence’ (kompentenz-kompetenz) authorizes an arbitral tribunal to decide itself whether it has the competence to resolve a dispute. The arbitration legislation of CIS countries firmly establishes the common requirements for applications of this principle. At the end of 2018 and beginning 2019, arbitration legislation of several CIS […]

The legal novels in Kazakhstani arbitration legislation

The legal novels in Kazakhstani arbitration legislation

At the end of January 2019, the Parliament of Kazakhstan passed a law which introduced substantive changes in various Kazakhstani statutes. The law, among other things, amends the Law of the Republic of Kazakhstan “On Arbitration” (the Law on Arbitration). Three matters merit special attention: the competence of the Arbitration Chamber of Kazakhstan, the list […]

The legal clash between MTS and Turkmenistan – impairment of investor’s rights or defense of State interests?

The legal clash between MTS and Turkmenistan – impairment of investor’s rights or defense of State interests?

In July 2018, Mobile TeleSystems (MTS) started a new investment arbitration at ICSID against Turkmenistan. The long-running legal conflict between these parties clearly shows how investment climate depends on the State’s ability to maintain foreign investor and to guarantee its rights of inviolability of property. Generally, the reckless policy of the State in relation to […]

Russian Supreme Court streamlines the case law on international arbitration

Russian Supreme Court streamlines the case law on international arbitration

The Supreme Court of the Russian Federation approved the Review of case law regarding assistance to and control of domestic and international arbitrations. The main provisions concerning international arbitration deal with arbitration agreements, choice-of-forum clauses, the enforcement of an award against a company in liquidation and the inclusion of the award creditor into the register […]

Investment claim against Ukraine follows an antimonopoly fine imposed on Gazprom
By 13 December, 2018 0 Comments Read More →

Investment claim against Ukraine follows an antimonopoly fine imposed on Gazprom

On 25 October 2018, Gazprom filed an EUR 6.4 billion investment treaty claim against Ukraine in accordance with UNCITRAL Arbitration Rules, under the Russia – Ukraine Bilateral Investment Treaty of 1998 (BIT). The claim concerns a fine imposed by a state authority. Although analysing the merits of the claim at this stage is premature, the […]

Astana International Financial Centre’s (AIFC) Court: what is its position within the judicial system of Kazakhstan?

Astana International Financial Centre’s (AIFC) Court: what is its position within the judicial system of Kazakhstan?

On 5 July 2018, the President of Kazakhstan, in a festival atmosphere surrounded by representatives of the business community, opened the Astana International Financial Centre’s (AIFC) Court. From the legal standpoint, one of the most essential goals of the new institution is to offer protection of foreign investors. However, the establishment of the Court and its legal status raised a […]

Reform of the Law on the Chamber of Commerce in Uzbekistan: a new attempt to attract investors

Reform of the Law on the Chamber of Commerce in Uzbekistan: a new attempt to attract investors

Earlier this year, the Parliament of the Republic of Uzbekistan passed the legislation ‘On Amendments and Additions to the Law on the Chamber of Commerce and Industry (CCI) of the Republic of Uzbekistan’, which reforms the current function system of the CCI. The amendments are aimed at assuring foreign investors that the updated legislation provides […]

Exxon Consortium – Rosneft dispute on the migration of oil in the Sakhalin-1 Project
By 20 September, 2018 0 Comments Read More →

Exxon Consortium – Rosneft dispute on the migration of oil in the Sakhalin-1 Project

One of the major recent disputes in the Russian oil & gas industry arose between a subsidiary of the U.S. oil company Exxon Mobil – Exxon Neftegas and the Russian state-controlled oil company Rosneft over the Sakhalin-1 project (the “Project”). The dispute between these oil giants led to two parallel proceedings. In the first case, […]

Application of the UNIDROIT Principles in the Practice of Russian State Courts

Application of the UNIDROIT Principles in the Practice of Russian State Courts

Through years the Principles of International Commercial Contracts developed under auspices of UNIDROIT (“the UNIDROIT Principles”) have gained a wide recognition in many countries worldwide. This is true also with regard to Russia. Not only arbitral tribunals in Russian-seated arbitrations, but also its state courts invoke the UNIDROIT Principles, even where the parties did not […]