Tag: SCC

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 0 Comments Read More →
Представители ведущих юридических фирм мира соберутся в Минске на Форуме EEDRF-2017

Представители ведущих юридических фирм мира соберутся в Минске на Форуме EEDRF-2017

Осенью в Минске уже во второй раз пройдет Форум по разрешению споров в странах Восточной Европы (EEDRF). Международный формат мероприятия на несколько дней объединит юристов со всего мира под одним слоганом «Докажи это, если сможешь!» для обсуждения ключевых тем, касающихся рассмотрения споров в международном коммерческом арбитраже и государственных судах. See English text below 22 сентября […]

By 19 April, 2017 0 Comments Read More →
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 →
TSIKinvest LLC v. Republic of Moldova

TSIKinvest LLC v. Republic of Moldova

An investor filed the emergency arbitration proceeding against Moldova. The claims arose out of the suspension of claimant’s voting rights in a Moldovan bank and the forced sale of its shares within three months allegedly ordered by Moldova’s National Bank. The emergency arbitrator stayed Moldova’s attempts to force the claimant to divest its shares in a bank. The […]

State Enterprise “Energorynok v. Republic of Moldova

State Enterprise “Energorynok v. Republic of Moldova

Energorynok,  a state-owned energy company, brought an arbitration claim against the Republic of Moldova seeking to recover a debt of USD 1.7 million from an economic agent affiliated to Moldova’s Energy Ministry. The Tribunal found confusing and inconsistent the Claimant’s arguments on quantum and rejected the claim as groundless. The award was rendered on 29 January 2015 and is available […]

Opposite Results in Two SCC Emergency Arbitrations (Evrobalt v Moldova and Kompozit v Moldova)

Opposite Results in Two SCC Emergency Arbitrations (Evrobalt v Moldova and Kompozit v Moldova)

Two recent Stockholm Chamber of Commerce (“SCC“) emergency arbitration awards in investment arbitrations against the Republic of Moldova, with different conclusions based on a similar factual and legal background, inject uncertainty regarding the interpretation of conditions for granting interim relief in investment arbitration, while reaffirming positions on certain long-debated issues. Practical implications The messages to […]

Interim Relief Against the Host State: Analysis of Emergency Awards against Moldova

Interim Relief Against the Host State: Analysis of Emergency Awards against Moldova

Applications for interim relief have become a frequently used procedural tool among foreign investors arbitrating against CIS states. Emergency arbitration proceedings under the Stockholm Chamber of Commerce (SCC) Arbitration Rules are particularly in demand: at least four applications for interim reliefs against CIS states have been filed since 2014 (TSIKInvest v Republic of Moldova; JKX Oil & […]

Remington Worldwide Limited (UK) v. Ukraine

Remington Worldwide Limited (UK) v. Ukraine

The Gibraltar registered company Remington Worldwide Limited (“Remington”) filed a request for arbitration with the SCC on 22 September 2008. According to information communicated  by the Ministry of Justice of Ukraine, the company accused Ukraine of violating several provisions of Article 10 of the ECT, and, in particular, of failure to provide effective means for the assertion of claims and enforcement of […]

CIS-Related Disputes in Stockholm On the Rise Because of the Economic Crisis

CIS-Related Disputes in Stockholm On the Rise Because of the Economic Crisis

CIS Arbitration Forum is starting a series of interviews with representatives of major international arbitration institutions working on disputes related to Russia and the CIS region. We hope the readers will appreciate updates from major arbitration institutions and their efforts to improve services rendered to arbitration users from the region. The series starts with an […]

Arbitrations against Ukraine and its State Bodies in Post-Revolution Period

Arbitrations against Ukraine and its State Bodies in Post-Revolution Period

2014 was one of the most difficult years in the contemporary history of Ukraine in both political and economic terms. The country lived through the Revolution of Dignity in February, the annexation of Crimea in March, the ongoing military conflict in eastern Ukraine and deep financial and economic crisis. In order to counter these difficulties and to […]

Exxon v Russia: What are the Possible Legal Outcomes?  

Exxon v Russia: What are the Possible Legal Outcomes?  

According to media reports, American oil giant ExxonMobil submitted a tax claim against the Russian Federation in arbitration at the Stockholm Chamber of Commerce (the “SCC“) at the beginning of April. The dispute concerns Exxon’s Sakhalin-1 oil and gas project in Russia’s Far East. The investor believes that it overpaid $500 million in profit taxes because a 2009 cut in the rate of profit […]

By 27 April, 2015 0 Comments Read More →
Swedish Court Confirms that Russia is Bound by an Arbitration Agreement It Has Not Signed

Swedish Court Confirms that Russia is Bound by an Arbitration Agreement It Has Not Signed

In a recent decision the Svea Court of Appeal refused to set aside the arbitral award in the Badprim case. In that case, the tribunal had extended an arbitration agreement between a private contractor and a Russian state authority to include the Russian Federation itself. This article first looks at the Badprim case, and then puts it into the […]

By 22 March, 2015 0 Comments Read More →
Yuri Bogdanov and Yulia Bogdanova v. Republic of Moldova

Yuri Bogdanov and Yulia Bogdanova v. Republic of Moldova

Yuri Bogdanov and Yulia Bogdanova v. Republic of Moldova, SCC Case No. V091/2012 – Final Award – 16 April 2013 (became available in 2014 only) – Part 1 Yuri Bogdanov and Yulia Bogdanova v. Republic of Moldova, SCC Case No. V091/2012 – Final Award – 16 April 2013 (became available in 2014 only) – Part […]

How far Should the Court go in Applying Public Policy? Lessons from Sweden

How far Should the Court go in Applying Public Policy? Lessons from Sweden

In January 2015 the Russian Supreme Court upheld the decisions of the lower courts which refused to enforce a SCC arbitration award due to public policy reasons. Prior to that the Swedish Svea Court of Appeal has reviewed the same case in the annulment proceedings and came to the opposite conclusion. The approaches of the Russian and […]

By 19 February, 2015 0 Comments Read More →
Is a New Russia-Ukraine “Gas War” Coming?

Is a New Russia-Ukraine “Gas War” Coming?

On 29 January 2015 Gazprom released a report on its activities and financial indicators for the nine months up to the end of last September.  In this report Gazprom described the procedural details of the  forthcoming “gas price” arbitration between Gazprom and Ukrainian Naftogaz, launched by the parties in summer 2014. This is not the first time […]

By 16 February, 2015 0 Comments Read More →
SCC is Organising a Conference on CIS Dispute Resolution in Stockholm

SCC is Organising a Conference on CIS Dispute Resolution in Stockholm

The Stockholm Chamber of Commerce (SCC) is organising a two-day conference on International Dispute Resolution in Sweden involving parties from Russia and CIS 3-4 of November in Stockholm. The conference will have a special focus on disputes involving Russian and CIS parties and is organised by the SCC in cooperation with the Russian Arbitration Association and the […]

By 8 September, 2014 0 Comments Read More →
“Arbitration in Sweden” Released in Russian

“Arbitration in Sweden” Released in Russian

The Arbitration Institute of the Stockholm Chamber of Commerce (SCC) and Swedish Arbitration Association (SAA) have finished a year-long project and released a Russian translated version of the book “Arbitration in Sweden”. “Arbitration in Sweden”, a book covering international commercial arbitration in Sweden, has been translated into Russian by SCC legal counsel Natalia Petrik. Free […]

Award Enforcement in Russia: Forum Conveniens Rule

Award Enforcement in Russia: Forum Conveniens Rule

A significant number of foreign assets can be found in the territory of the Russian Federation. As such, the country may become a popular venue for the enforcement of arbitral awards against foreign entities. This post looks at Russian law and practice when it comes to enforcement of arbitral awards against parties that are not incorporated in […]

Arbitration in Sweden: Law and Practice by Roman Zykov

Arbitration in Sweden: Law and Practice by Roman Zykov

This is the first book which provides for a fully comprehensive Russian-language commentary and analysis on arbitration available in Sweden. Authored by Roman Zykov, the Russian language book “Arbitration in Sweden: law and practice” was published in December 2013. Sweden is a major player in the field of arbitration when it comes to commercial and investment […]

By 20 January, 2014 0 Comments Read More →
Corporate Disputes’ Arbitrability in Russia: A New Opportunity

Corporate Disputes’ Arbitrability in Russia: A New Opportunity

In a case currently pending before the commercial courts of the North-Western Circuit, the Russian courts will get an opportunity to confirm that disputes arising out of share purchase agreements are arbitrable. Over the past few years several courts have ruled that they are not. With arbitration remaining the preferred means for Russian M&A disputes’ […]

By 19 November, 2013 0 Comments Read More →
Review of Russian Commercial Cases Involving Foreign Persons

Review of Russian Commercial Cases Involving Foreign Persons

Validity of choice-of-court agreements, possibility of piercing the corporate veil and falling under jurisdiction of Russian court have always been important concerns for international companies doing business in Russia or with Russian legal entities. The Russian Supreme Commercial (Arbitrazh) Court (“SCC”) will soon clarify these issues in an Informational letter with a Review of Certain […]

Yara International v. Acron

Yara International v. Acron

Yara International ASA v JSC Acron, SCC Arbitration No. V (135:2006), Award dated 17 June 2008

TNK Trade v. Swonko Swedish Oil

TNK Trade v. Swonko Swedish Oil

TNK Trade Ltd. v Swonco Swedish Oil AB, SCC Arbitration (No. 078:2000), Award dated 19 March 2004

The Boeing Company Mfl v. Korolev Rocket

The Boeing Company Mfl v. Korolev Rocket

Boeing companies v Open Joint-Stock Company S.P. Korolev Rocket and others, UNCITRAL Arbitration, 11 October 2010

Rual Trade v. Viva Trade

Rual Trade v. Viva Trade

Rual Trade Ltd. v Viva Trade LLC and others, SCC Arbitration (No. F 192:2009), Award dated 21 April 2010