Tag: new york convention

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 […]

By 27 November, 2015 0 Comments Read More →
Consent Awards in International Arbitration

Consent Awards in International Arbitration

Kryvoi, Yaraslau and Davydenko, Dmitry, Consent Awards in International Arbitration: From Settlement to Enforcement (November 7, 2015). Brooklyn Journal of International Law, Volume 40, pp. 827-868, 2015. Full text available at SSRN.

When It Is Not Too Late to Request Referral to Arbitration?

When It Is Not Too Late to Request Referral to Arbitration?

Under article II of the New York Convention if a state court is seized of a matter covered by an arbitration agreement it shall refer the parties to arbitration if one of the parties requests such a referral. In a recent decision the Federal Commercial Court for the North-Western Circuit provided important guidance as to the timing […]

A Landmark Decision on Validity and Enforcement of Arbitration Clauses in Russia

A Landmark Decision on Validity and Enforcement of Arbitration Clauses in Russia

Earlier this week, the Presidium of the Supreme Commercial Court released the full text of its resolution in Bosch v. Avtosped (a case we covered earlier). Unsurprisingly, the court dismissed Bosch’s claims and referred them to arbitration. However, the Supreme Commercial Court used the case to go over some basic rules that the Russian courts […]

Russian SCC to Consider a “Problematic” Arbitration Clause

Russian SCC to Consider a “Problematic” Arbitration Clause

On 16 July the Supreme Commercial Court will consider whether an arbitration clause which consists of a reference to the ICC Rules of Arbitration is enforceable. The lower courts ruled that it was not, finding that it was not specific enough, with parties failing to agree on an institution to administer the arbitration. At first […]

Proper Notices in Arbitration in Ukraine – Watch the Details

Proper Notices in Arbitration in Ukraine – Watch the Details

This article analyses the most recent application by Ukrainian courts of Article V(1)(b) of the New York Convention.  It provides that recognition and enforcement of a foreign arbitral award may be refused where a party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings. The analysis shows that […]

Ukrainian Court Enforces Arbitral Awards Set Aside in the UK

Ukrainian Court Enforces Arbitral Awards Set Aside in the UK

On 3 August 2012 the Court of Appeal of the Odessa Region upheld its lower court’s ruling granting requests for the enforcement of twelve FOSFA arbitral awards in Ukraine. Six of these awards had previously been set aside in the UK.  The Ukrainian court did not give any effect to the respective English court judgments, stating that the […]

Enforcement of Russian Arbitral Awards in Germany

Enforcement of Russian Arbitral Awards in Germany

National courts in many countries show an increasing willingness to recognise and enforce Russian arbitral awards. Not surprisingly, this tendency has developed through adoption of the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). Germany has been a party to the New York Convention since 1961. […]

By 19 January, 2012 0 Comments Read More →
In the Long Run: a Story of One Award in Russia

In the Long Run: a Story of One Award in Russia

Today, it seems, an epic story of enforcement of an SCC award in Russia came to an end. After almost three years of litigation in Russia and Sweden, the Presidium of Supreme Commercial Court of the Russian Federation ruled that the award should be enforced. During the same session Presidium dismissed action seeking to invalidate […]

By 27 September, 2011 0 Comments Read More →
Enforcement of Russian Arbitral Awards in the United States

Enforcement of Russian Arbitral Awards in the United States

The Russian Federation and the United States are both parties to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the so-called “New York Convention”. Russia acceded to the New York Convention in 1960 and the United States ratified the treaty in 1970. Enforcement of Russian arbitral awards in the […]

By 26 August, 2011 0 Comments Read More →
Failure to Seek Annulment of the Award: Any Consequences for the Enforcement in Russia?

Failure to Seek Annulment of the Award: Any Consequences for the Enforcement in Russia?

Russian courts are frequently criticized for being arbitration-unfriendly. Practitioners however acknowledge that most awards are recognized and enforced. In fact, the Russian courts are increasingly adopting pro-arbitration stance, which in some instances goes further than that adopted by the jurisdiction traditionally considered arbitration-friendly. In three recent cases Russian courts took the view, that the respondent […]

From California to Belarus Because of an Ambiguous Arbitration Clause

From California to Belarus Because of an Ambiguous Arbitration Clause

The importance of careful drafting of arbitration agreements is often underestimated in countries of the former Soviet Union. A recent case from a United States Court of Appeals illustrates this well. In September 2011, the United States Court of Appeals for the Ninth Circuit considered an ambiguous dispute resolution clause which required settlement of disputes […]

By 14 December, 2010 0 Comments Read More →