Tag: featured

Ratification of Arbitration-Related Conventions by CIS States: Global and Regional Framework

Ratification of Arbitration-Related Conventions by CIS States: Global and Regional Framework

Trying to create a favourable investment climate, all CIS states have adopted investment protection laws which provide certain privileges to foreign investors. However, when it comes to ratification of international treaties in which states reflect consent to international arbitration of investment disputes, the situation is more nuanced. All CIS countries are parties to the basic international […]

A Compendium of International Commercial Arbitration Forms Helpful Both for Arbitrators and Parties

A Compendium of International Commercial Arbitration Forms Helpful Both for Arbitrators and Parties

Book reviewed: Sigvard Jarvin, Corinne Nguyen. Compendium of International Commercial Arbitration Forms. Letters, Procedural Instructions, Briefs and Other Documents. Wolters Kluwer. 2017. 612 pages The authoritative legal publisher Wolters Kluwer produced a compendium of English-language forms intended for use in international commercial arbitral proceedings. The compilers of the compendium are Sigvard Jarwin, a well-known international arbitrator, […]

Monetary claim as a protected investment under ECT: Energoalians v. Moldova case

Monetary claim as a protected investment under ECT: Energoalians v. Moldova case

On 28 March 2018, the French Court of Cassation reinstated a $49 mln Energy Charter Treaty (“ECT”) award against the Republic of Moldova, that was set aside by the Paris Court of Appeal on jurisdictional grounds in 2016. The Court of Cassation considered that the lower court violated the text of ECT by imposing a […]

Arbitrability of employment disputes in professional sports in Russia

Arbitrability of employment disputes in professional sports in Russia

Russian legislator has recognized the arbitrability of employment disputes in professional sports.* This remarkable legislative provision received inadequately little attention by sports and arbitration legal community. This post contains some reflections on the peculiarities of the current regulation. Employment disputes under Russian Law: arbitrability denied but strongly desired The Civil Procedure Code of the Russian […]

By 4 April, 2018 0 Comments Read More →
The escalation of Iran–Turkmenistan gas dispute:  Will the battle begin?

The escalation of Iran–Turkmenistan gas dispute: Will the battle begin?

On 30 January, Iran announced the intention to file a claim with the ICC International Court of Arbitration over the quality and price of Turkmenistan gas. The gas dispute between Iran and Turkmenistan broke out in January 2017, when Turkmenistan stopped its gas exports to Iran. Turkmengaz, the national gas company of Turkmenistan, claimed that […]

London High Court fails to recognize Russian insolvency proceedings

London High Court fails to recognize Russian insolvency proceedings

In December 2017, the London High Court set aside the recognition of the Russian insolvency proceedings in the United Kingdom in a case concerning Hermitage Capital Management dispute. The London High Court established that the Russian liquidator of Dalnyaya Step LLC (“Dalnyaya Step”) should have disclosed that the company had been previously prosecuted in the Russian Federation. […]

By 23 February, 2018 0 Comments Read More →
Using illegally obtained evidence in the Court of Arbitration for Sport

Using illegally obtained evidence in the Court of Arbitration for Sport

Obtaining evidence for sport-relating disputes in a dubious way remains frequent in practice. In particular, parties often use such evidence in CAS. It follows from the applicable law, that relying on such evidence does not contradict public policy. On 10 January 2018 Fancy Bears’ Hack Team made public communication between International Olympic Committee (IOC) and World Anti-Doping […]

Russian courts tend to find independent guarantees as quite dependent

Russian courts tend to find independent guarantees as quite dependent

In recent Russian dispute resolution practice, judges incline to consider independent guarantees as not completely independent from the underlying secured obligations. This post offers recommendations for both guarantors and beneficiaries to avoid risks that the judiciary practice twists may entail. The use of independent guarantees The independent guarantee is a surety allowing claiming money from the guarantor […]

By 14 February, 2018 0 Comments Read More →
The enduring saga of Tajikistan’s TALCO dispute

The enduring saga of Tajikistan’s TALCO dispute

The Tajik Aluminium Company (or TALCO, also referred as TadAZ) has become the symbol of Central Asian corruption and non-transparency. Tajikistan’s most scandalous industrial asset has undergone through an array of legal challenges – from unresolved offshore mysteries to rapid management switches, from dubious tolling schemes to one of the most expensive litigations in the […]

By 15 January, 2018 0 Comments Read More →
Appointment of Arbitrators in CIS-related and Other Disputes – Practical Considerations

Appointment of Arbitrators in CIS-related and Other Disputes – Practical Considerations

The party’s right to appoint one of the decision-makers is what distinguishes arbitration process from litigation.  It is often said that the most important decision a party will make in any arbitration is the selection of an arbitrator. And indeed, the arbitrators who compose a tribunal are not passive people, who at the end of the process […]

By 14 December, 2017 0 Comments Read More →
Foreign Investment in the Post-2014 Ukraine: Signs of Improvement?

Foreign Investment in the Post-2014 Ukraine: Signs of Improvement?

Foreign direct investment (“FDI“) inflow in Ukraine was drastically reduced after the Euromaidan, the annexation of Crimea and the military unrest in the East of Ukraine. This number fell from $4.5 billion in 2013 to $410 million in 2014. The Ukrainian government faced the difficult task of improving the investment climate in the country. How well has […]

By 22 November, 2017 0 Comments Read More →
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 […]

Housekeeping in Russia since November 2017: registration of permanent arbitral institutions

Housekeeping in Russia since November 2017: registration of permanent arbitral institutions

On 1 September 2016, Russia’s Federal Law on Arbitration (Arbitration Proceedings) and related legislation came into effect. The changes were driven by a desire to overhaul the existing arbitration regime, in favour of greater efficiency, independence and regulation of the arbitral process. One notable reform – and the subject of this article – involves combatting […]

The Impact of Western Sanctions on Russian Energy Companies

The Impact of Western Sanctions on Russian Energy Companies

As a response to the Crimean crisis, in March 2014 the United States and the European Union, followed by Albania, Australia, Canada, Iceland, Montenegro and Norway, initiated sanctions on several Russian citizens and businesses. In August 2014 the Russian government responded by ordering an entry ban on several American and Canadian citizens and a total ban on […]

By 1 November, 2017 0 Comments Read More →
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 […]

Third party funding and its relevance to Russian parties

Third party funding and its relevance to Russian parties

См. текст по-русски ниже. Third party funding (also known as commercial funding or litigation funding) involves a third party which has no connection to a dispute putting up funds to run a dispute in exchange for a share of the damages. It is typically non-recourse which means that, unless the recipient is successful in its […]

By 16 October, 2017 0 Comments Read More →
A roundtable on international arbitration in Russia in Hamburg planned for October

A roundtable on international arbitration in Russia in Hamburg planned for October

The Max Planck Institute for Comparative and International Private Law will host a CIS Roundtable, a regular discussion forum on legal, political and societal developments in the post-Soviet region. The Roundtable takes place on 5 October 2017 at 4:00 p.m. Dr. Dmitry Davydenko will be speaking on the topic “International arbitration in Russia under the new legislative framework”. The organiser […]

By 15 September, 2017 0 Comments Read More →
New Book: The Law and Practice of International Arbitration in the CIS Region

New Book: The Law and Practice of International Arbitration in the CIS Region

CIS Arbitration Forum authors and other experts from the region teamed up to produce the first comprehensive overview of commercial arbitration in the Commonwealth of Independent States (CIS) region. The Law and Practice of International Arbitration in the CIS Region edited by Kaj Hober and Yarik Kryvoi provides a country-by-country analysis of regulation and practice […]

Sanctity of the contract upheld in Swedish arbitration

Sanctity of the contract upheld in Swedish arbitration

In a recent award rendered under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, the Arbitration Panel held that “the wording of the contract must be complied with”, if it “does not include any exceptions”. The Panel also drew a line in determining the basis for calculation of limitation period according […]

By 10 July, 2017 0 Comments Read More →
Global Pound Conference Moscow – from “inside” to insight

Global Pound Conference Moscow – from “inside” to insight

The Global Pound Conference previously announced by CIS Arbitration Forum took place in Moscow on 21 June 2017. The event aimed to contribute to the development of 21st century commercial and civil dispute resolution tools at Russian domestic, regional and international levels. The attendees mostly included providers of non-adjudicative dispute settlement procedures, such as mediation. This […]

By 27 June, 2017 0 Comments Read More →
News from Stockholm: Gazprom v Naftogaz – 0:1

News from Stockholm: Gazprom v Naftogaz – 0:1

On January 2009, Gazprom and Naftogaz signed a confidential long-term gas sales agreement (the “Contract“) for 2009-2019. Some in the media declared that the Contract included an oil-linked formula for the gas price, a “take-or-pay” clause and a price review clause. Five years later, Gazprom finds itself claiming USD 4.5 billion in unpaid debts for natural […]

By 26 June, 2017 1 Comments Read More →
Arbitration of corporate disputes: novelties and new tools for legal practitioners

Arbitration of corporate disputes: novelties and new tools for legal practitioners

Russia has made significant steps towards developing and harmonising its arbitration institutions and processes with international practice. Experts at the section of the Saint-Petersburg Legal Forum (SPLF) 2017 devoted to arbitration of corporate disputes on 19 May 2017 formed an impressive board of legal practitioners dealing with arbitrations in Russian and foreign arbitral institutions. Speakers from […]

Belarus may face an ICSID claim for the first time

Belarus may face an ICSID claim for the first time

Over the entire period of its independence Belarus has never been a respondent in an investor-state dispute. This remains so despite the fact that the country adheres to an active policy of investment promotion. According to public data in the first quarter of 2017 the leading investment partners of Belarus originate from the Russian Federation, Ukraine, Cyprus […]

By 12 June, 2017 0 Comments Read More →
Interview with ICSID Secretary-General Meg Kinnear: ICSID and the CIS region

Interview with ICSID Secretary-General Meg Kinnear: ICSID and the CIS region

CIS Arbitration Forum continues its series of interviews with representatives of major international arbitration institutions working on disputes related to Russia and the CIS region. This month Professor Yarik Kryvoi interviewed Meg Kinnear, who since 2008 has been the Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID) at the World Bank. Ms Kinnear shared her […]

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 […]

New Rules of the Game for Arbitral Institutions in Russia

New Rules of the Game for Arbitral Institutions in Russia

The new Russian Arbitration Law has already been in force for eight months. One of the most significant changes that the new Law introduced concerns the authorisation requirement for arbitral institutions. At the beginning of May 2017, the Government of the Russian Federation released its first decision on the granting of authorisation to act as a permanent […]

The VII Saint Petersburg International Legal Forum: 16–20 May 2017

The VII Saint Petersburg International Legal Forum: 16–20 May 2017

Each year the St. Petersburg International Legal Forum brings together ministers of justice, chairpersons of constitutional courts, secretary generals of international organisations, heads of leading law firms, chief legal officers of major companies, representatives of state regulators, international organisations and law schools from over 80 countries. CIS Arbitration Forum is an information partner of this […]

By 31 March, 2017 0 Comments Read More →
Round-Up of Investment Arbitrations Against CIS States: Recent Developments

Round-Up of Investment Arbitrations Against CIS States: Recent Developments

In the December 2016 – March 2017 period, some major procedural developments occurred in several pending and concluded investment arbitrations against CIS states. In some of these pending disputes, arbitral tribunals have asserted jurisdiction over the investors’ claims, addressing noteworthy issues such as: provisional application of the Energy Charter Treaty, application of BITs to investments in Crimea and corruption […]

Money Laundering Allegations by Kyrgyzstan against Latvian Investor Resurface in Paris Cour d’Appel

Money Laundering Allegations by Kyrgyzstan against Latvian Investor Resurface in Paris Cour d’Appel

In a recent judgment (21 February 2017), the Paris Cour d’Appel annulled the USD 15 million arbitral award in Valery Belokon v The Kyrgyz Republic rendered by the UNCITRAL tribunal against Kyrgyzstan under the 2008 Latvia-Kyrgyzstan BIT. The arbitral tribunal had previously rejected the allegations by Kyrgyzstan that the Claimant had, through its investment, Manas Bank, […]

By 28 February, 2017 0 Comments Read More →
ICAC’s new “kompetenz-kompetenz” dilemma in domestic arbitration

ICAC’s new “kompetenz-kompetenz” dilemma in domestic arbitration

Since 27 January 2017, due to the profound Russian arbitration law reform effective from 1 September 2016, the ICAC at the Russian CCI (the “ICAC”) may also deal with domestic (non-international) arbitration. The question arises as to whether the ICAC may now resolve internal disputes under pre-reform arbitration clauses: at the time of their conclusion […]

By 22 February, 2017 0 Comments Read More →
Belarusian law firm wins doping case in the Court of Arbitration for Sport

Belarusian law firm wins doping case in the Court of Arbitration for Sport

On 23 January 2017 the Court of Arbitration for Sport rendered an award on doping case CAS 2016/A/4708 Belarus Canoe Association & Belarusian Senior Men’s Canoe and Kayak team members v International Canoe Federation. The appeal filed by the Belarus Canoe Association (the “BCA“) and the Belarusian senior men’s canoe and kayak team members against the decision […]

New rules of the ICAC at the Russian Chamber of Commerce: what has changed for international disputes?

New rules of the ICAC at the Russian Chamber of Commerce: what has changed for international disputes?

Russian arbitration legislation reform has triggered a large-scale revision of regulations of arbitral institutions. One of the oldest arbitral institutions in Russia, the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry (the “ICAC”), has adopted new regulations and rules, including new rules on resolving international commercial disputes. Previous rules came into […]

ASCOM case: Kazakhstan’s request to set aside is rejected, the SCC award “was not fraudulent”

ASCOM case: Kazakhstan’s request to set aside is rejected, the SCC award “was not fraudulent”

On 9 December 2016 the Svea Court of Appeal (Sweden) rejected Kazakhstan’s request for the award in Anatolie Stati, Gabriel Stati, Ascom Group SA and Terra Raf Trans Trading Ltd v Kazakhstan (Arbitral Award in SCC Case No. V (116/2010) the “Award“) to be set aside, finding Kazakhstan’s allegations regarding a presentation by investors during the […]

By 10 January, 2017 0 Comments Read More →
English Court of Appeal upholds arbitration award in a complex Moscow mall dispute

English Court of Appeal upholds arbitration award in a complex Moscow mall dispute

In its recent judgment, the English Court of Appeal (the “Court“) decided to uphold the arbitration award in a dispute between a former Russian MP Ashot Yegiazaryan and his business partner Vitaly Smagin. The case was rather complex as the arbitration proceedings involved two arbitration agreements based on two separate contracts, one of which was not […]