Tag: featured

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 […]

Posted in: Events
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 […]

Posted in: Events
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 […]

The Svea Court of Appeal set aside the final award won by Spanish investors in Yukos Oil Company

The Svea Court of Appeal set aside the final award won by Spanish investors in Yukos Oil Company

On 7 June 2018, the Svea Court of Appeal in Sweden set aside the award by the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) in favour of the Spanish investors (“Quasar de Valores SICAV and others v. Russia”). Seven Spanish companies (the “Claimants”) originally filed the SCC claims against Russia in 2007, seeking […]

SCM Financial Overseas v. Raga Establishment: the Arbitration Fairness Test
By 26 June, 2018 0 Comments Read More →

SCM Financial Overseas v. Raga Establishment: the Arbitration Fairness Test

On 3 May 2018, the English High Court of Justice heard a challenge to the arbitral award rendered by an LCIA tribunal on 26 June 2017. The challenge was based on a serious irregularity in the principle of fair conduct of arbitral proceedings embodied in sections 68 and 33 of the English Arbitration Act 1996. More specifically, […]

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, […]

Posted in: Book review
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
By 4 April, 2018 0 Comments Read More →

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 […]

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
By 23 February, 2018 0 Comments Read More →

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. […]

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 […]

Posted in: sport arbitration
Russian courts tend to find independent guarantees as quite dependent
By 14 February, 2018 0 Comments Read More →

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 […]

The enduring saga of Tajikistan’s TALCO dispute
By 15 January, 2018 0 Comments Read More →

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 […]

Appointment of Arbitrators in CIS-related and Other Disputes – Practical Considerations
By 14 December, 2017 0 Comments Read More →

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 […]

Foreign Investment in the Post-2014 Ukraine: Signs of Improvement?
By 22 November, 2017 0 Comments Read More →

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 […]

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 […]