Tag: Serbia

Russian Court on Law Applicable to Arbitrability
By 6 June, 2014 0 Comments Read More →

Russian Court on Law Applicable to Arbitrability

This week a Russian cassation instance court suggested that foreign laws permitting certain disputes to be referred to arbitration should be respected. This should be the case even if under Russian law similar Russia-related disputes are not arbitrable. Apparently some restrictions on arbitrability have only limited effect. The case before the court concerned enforcement of an […]

Posted in: Commercial Arbitration, Recognition and enforcement of arbitral awards
The European Court of Human Rights: an Arbitration Award Can Be Expropriated
By 9 December, 2010 0 Comments Read More →

The European Court of Human Rights: an Arbitration Award Can Be Expropriated

The European Court of Human Rights recently ruled in Kin-Stib & Majkic v. Serbia that failure to enforce an arbitral award amounts to violation of the right to peaceful enjoyment of possession. This note first summarizes the ruling and then considers its implications. In particular, it discusses whether an arbitral award can be expropriated by […]

Posted in: Commercial Arbitration, Investor-State Arbitration, Public International Law