Tag: Swiss Law

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 […]

Russia’s Mistral Deal under International Sanctions – will the Dispute be Arbitrable? 

Russia’s Mistral Deal under International Sanctions – will the Dispute be Arbitrable? 

Controversies have surrounded the purchase of French Mistral helicopter carriers by Russia since the very beginning. In 2010, after eight months of talks, Russian President Dmitry Medvedev approved the purchase of two ships of the Mistral class from France for €1.37 billion. The deal was concluded despite objections from some of France’s allies in NATO. […]

Reading between the Lines of the Lemmi Vertriebsgesellschaft Case

Reading between the Lines of the Lemmi Vertriebsgesellschaft Case

In June 2013, the Federal Commercial Court of the Moscow Circuit rendered a decision allowing the enforcement of an Order for Termination of Arbitral Proceedings issued by a Swiss arbitral tribunal (with B. Berger (chairman), R. Favre Schnyder and V. Heiskanen as arbitrators). The CIS Arbitration Forum has already covered this story.  Presently, the appeal to the Supreme Commercial […]

What’s in the Name? Imprecise Designation of the Arbitral Tribunal in the Arbitration Clause

What’s in the Name? Imprecise Designation of the Arbitral Tribunal in the Arbitration Clause

When faced with an almost identical issue in the course of arbitration proceedings, Swiss and Russian arbitrators or courts seem to reach different conclusions. A common issue in arbitration is an imprecise designation of the arbitral tribunal in an arbitration clause.  This article considers the effect of such flawed arbitration clauses in the light of […]

TransTeleCom Dispute: When is a Side a Not a Party?

TransTeleCom Dispute: When is a Side a Not a Party?

This article follows up on an earlier publication dealing with the Vega Engineering v TransTeleCom case. In that dispute, TransTeleCom raised various grounds to challenge the arbitral award, which were all considered by the Russian Arbitrazh Court.  One of the grounds – finality of the arbitral award – was discussed in the article mentioned above.  Another […]

Wanted: Bona Fide Arbitrator

Wanted: Bona Fide Arbitrator

The Russian State Duma is considering draft amendments to the Russian Civil Code. Bad faith (недобросовестность) – already impermissible in the exercise of civil rights under article 10 CC RF – is expected to be wiped out right at the stage of “negotiations in view to conclude a contract” under new article 434 CC RF. Russia […]