Tag: Ukraine

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 […]

Conference “The New Vienna Rules – Quality Arbitration at Your Doorstep” took place in Kyiv
By 23 December, 2013 0 Comments Read More →

Conference “The New Vienna Rules – Quality Arbitration at Your Doorstep” took place in Kyiv

On 13 November the Vienna International Arbitral Centre held a conference “The New Vienna Rules – Quality Arbitration at Your Doorstep” on the premises of Opera Hotel in Kyiv. The conference highlighted the provisions and main changes in the Vienna Rules 2013. The new Vienna Rules became effective on 1 July 2013. The rules give […]

Arbitration November in Kyiv
By 14 December, 2013 1 Comments Read More →

Arbitration November in Kyiv

13 November 2013 was a day full of arbitration events for young arbitration practitioners in Kyiv, Ukraine. They included a workshop “Strategy Considerations in International Arbitration”, a conference “The New Vienna Rules – Quality Arbitration at Your Doorstep”, a programme “Building a Career in International Arbitration” and a Young Arbitrators Forum event  “’Third Parties’ in […]

CAS Confirmed Strict Liability Principle in Match-Fixing

CAS Confirmed Strict Liability Principle in Match-Fixing

On 2 August 2013, the Court of Arbitration for Sport (CAS) published a press-release about the decision made in a complex and highly controversial case on match-fixing, involving ten individuals and two football clubs from Ukraine – FC Metalist Kharkiv (“FC Metalist”) and FC Karpaty Lviv (“FC Karpaty”). The Tribunal sanctioned the Sports Director of FC Metalist and six football players for being directly […]

Conference ‘Kiev Arbitration Days 2013: Think Big!’ Is Scheduled for November

Conference ‘Kiev Arbitration Days 2013: Think Big!’ Is Scheduled for November

The Kiev Arbitration Days 2013: Think Big! will take place on November 14-15, 2013 in the Radisson Blu Hotel. The conference is conducted under the auspices of the Ukrainian Bar Association. CIS Arbitration Forum is a media partner of the conference. The  event will bring together world-class dispute resolution practitioners and prominent arbitration experts to discuss […]

Arbitrability of “Corporate” Disputes in Ukraine – No News is Good News?
By 23 August, 2013 0 Comments Read More →

Arbitrability of “Corporate” Disputes in Ukraine – No News is Good News?

Whether so-called “corporate” disputes are capable of settlement by arbitration under the law of Ukraine appears to have been one of the most controversial issues in arbitration law in Ukraine in recent years, at least when judging by the perceived number of essays in law journals (including this forum). Recently, Ukrainian commercial courts handed down decisions […]

Ukrainian Arbitration Association Runs the First International Arbitration School in Ukraine

Ukrainian Arbitration Association Runs the First International Arbitration School in Ukraine

On 5-9 August the Ukrainian Arbitration Association (the “UAA”) ran an intensive five-day arbitration programme of the First Summer School in International Arbitration organised jointly with the National University of Kyiv Mohyla Academy’s Faculty of Law (“UKMA”). The event has been part of the educational activities of the UAA, which was launched a year ago […]

Posted in: Events
ICSID Tribunal Found Unfair Treatment of a German Investor by Ukraine

ICSID Tribunal Found Unfair Treatment of a German Investor by Ukraine

In an earlier post CIS Arbitration Forum reported that Ukraine was ordered to pay in the region of EUR 3 million to German investors in Inmaris Perestroika Sailing Maritime Services GmbH and others v Ukraine. At that time the final award dated 1 March 2012 had not been published yet. However, recently the excerpts of this award became available. […]

Inmaris Perestroika & ors v. Ukraine

Inmaris Perestroika & ors v. Ukraine

Inmaris Perestroika Sailing Maritime Services GmbH and Others v. Ukraine, ICSID Arbitration (No. ARB:08:8), Award dated 1 March 2012

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 […]

Tokios Tokeles v. Ukraine

Tokios Tokeles v. Ukraine

Tokios Tokeles v Ukraine, ICSID Arbitration (No. ARB:02:18), 29 June 2004

Posted in: Library
Amto v. Ukraine

Amto v. Ukraine

AMTO LLC v Ukraine, SCC Arbitration (No. 08:2005), Award dated 26 March 2008

Posted in: Library
Bosh International v. Ukraine

Bosh International v. Ukraine

Bosh International, Inc and B&P Ltd. Foreign Investment Enterprise v Ukraine, ICSID Arbitration (No. ARB:08:11), Award dated 22 October 2010

Posted in: Library
Italia-Ukraina-Gas v. Naftogaz of Ukraine

Italia-Ukraina-Gas v. Naftogaz of Ukraine

Italia Ukraina Gas S.p.a v National Joint-Stock Company “Naftogaz of Ukraine”, SCC Arbitration No. V (007:2008), Award dated 19 October 2009

Posted in: Library
GEA Group v. Ukraine

GEA Group v. Ukraine

GEAGroup Aktiengesellschaft v Ukraine, ICSID Arbitration (No. ARB:08:16), Award dated 28 March 2011

Posted in: Library
Generation Ukraine v. Ukraine

Generation Ukraine v. Ukraine

Generation Ukraine, INC. v Ukraine, ICSID Arbitration (No. ARB:00:9), Award dated 15 September 2003

Posted in: Library
Lemire v. Ukraine
By 24 February, 2013 0 Comments Read More →

Lemire v. Ukraine

Lemire v Ukraine (Jurisdiction) Lemire v Ukraine (first case) Lemire v Ukraine (Award)

Posted in: Library
Arbitrations against Ukraine: Overview of 2012

Arbitrations against Ukraine: Overview of 2012

In the past decade Ukraine has been one of the busiest respondents in the CIS region. However, the arbitration statistics of 2012 shows a change in this trend. On 30 January 2013 the Minister of Ecology and Natural Resources of Ukraine confirmed that the settlement agreement between Vanco Prykerchenska Ltd and Ukraine had been approved by the Stockholm […]

Ukrainian Arbitration Association Launched in Kyiv

Ukrainian Arbitration Association Launched in Kyiv

In September 2012, a group of Ukrainian and foreign experts in international arbitration founded the Ukrainian Arbitration Association (the “UAA” or the “Association”) to unite lawyers, irrespective of their nationality or place of residence, who are professionally engaged or interested in international arbitration. This is an important step in the development of international arbitration in Ukraine. […]

Umbrella Clause Fails to Protect US Investor in Ukraine

Umbrella Clause Fails to Protect US Investor in Ukraine

On 25 October 2012 an ICSID Tribunal unanimously dismissed all claims submitted by a US company Bosh International and its subsidiary (“Bosh”) against Ukraine. The claims arose out of the termination of a joint activities agreement (“JVA”) between a subsidiary of the claimant and Taras Shevchenko National University (the “University”) with respect to a conference […]

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 […]

Ukraine: New Rules on Security for Claims and Costs
By 11 September, 2012 0 Comments Read More →

Ukraine: New Rules on Security for Claims and Costs

Two weeks ago the Cabinet of Ministers of Ukraine decided to allow state organs to make payments under orders for security for costs or security for the claim issued by foreign courts and arbitral tribunals. The new rules are expected to remove some practical difficulties the Ukrainian authorities currently face in such situations. According to the Ministry […]

“Remington Worldwide Limited v Ukraine” Saga: The First ECT Arbitration Conducted in Russian

“Remington Worldwide Limited v Ukraine” Saga: The First ECT Arbitration Conducted in Russian

 Remington Worldwide Limited v Ukraine is interesting not only as the first arbitration under the Energy Charter Treaty (the “ECT”) conducted in Russian.  It also reasserts the importance of a fundamental aspect of the rule of law – the principle of legal certainty. The case demonstrates how far-reaching the effects of the application of the exceptions from […]

Ukrainian Court Recognises English Court Freezing Order

Ukrainian Court Recognises English Court Freezing Order

On 1 June 2012 the Ukrainian general court of first instance granted the request of JSC BTA Bank for the recognition of the Freezing Order of the English Court issued in the BTA Bank v Ablyazov and others proceedings (the “Order” and the “BTA Bank case” respectively). The ruling of the Ukrainian court in the BTA Bank case is […]

Report from the AIA June Conference on Arbitration in CIS Countries

Report from the AIA June Conference on Arbitration in CIS Countries

On 21 June 2012, the Association for International Arbitration (AIA) together with the Brussels Institute for Contemporary China Studies (BICCS) organised a conference on “Arbitration in CIS countries: current issues”. It was held at the Karel Van Miert Building of the Vrije Universiteit Brussel. The media partners of the conference included the CIS Arbitration Forum […]

Conference in Brussels: Current Issues in Arbitration in CIS Countries

Conference in Brussels: Current Issues in Arbitration in CIS Countries

The Association for International Arbitration, the CIS Arbitration Forum and a number of co-sponsors are hosting an arbitration conference in Brussels on 21 June 2012. Speakers from various CIS jurisdictions will discuss a range of issues related to arbitration in the region. The topics include the policy of CIS countries towards arbitration, bribery, Russia-related arbitration […]

ICSID Tribunal Orders Ukraine to Pay EUR 3 million to Inmaris Companies

ICSID Tribunal Orders Ukraine to Pay EUR 3 million to Inmaris Companies

The Ministry of Justice of Ukraine has reported that on 1 March 2012 an ICSID tribunal ordered Ukraine to pay in the region of EUR 3 million in damages to German investors. This is the third ICSID case against Ukraine that has resulted in monetary compensation to foreign investors. In the first case – Alpha Projektholding […]

Recent Arbitration Events: Overview from Ukraine
By 26 February, 2012 0 Comments Read More →

Recent Arbitration Events: Overview from Ukraine

For Ukrainian arbitration practitioners the first 10 days of February 2012 was rich in arbitration events, dedicated as they were to different issues of investment, commercial and sports arbitration. Several factors explain such a broad range of topics. Among these are: UEFA Euro 2012, which is to be co-hosted by Ukraine and Poland this summer; […]

Ukraine: Revised Rules of Assistance to UNCITRAL Arbitrations
By 17 February, 2012 0 Comments Read More →

Ukraine: Revised Rules of Assistance to UNCITRAL Arbitrations

Recently the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (the “ICAC”) published new rules of assistance relating to assistance available from it under the UNCITRAL Arbitration Rules. The Presidium of the Ukrainian Chamber of Commerce and Industry approved the document on 27 October 2011 (the “2011 Rules of Assistance” or “2011 Rules”). The […]

Ukrainian Courts Review Arbitrability of Corporate Disputes
By 15 January, 2012 1 Comments Read More →

Ukrainian Courts Review Arbitrability of Corporate Disputes

In its recently published judgment the High Specialised Court of Ukraine on Civil and Criminal Cases (the “High Specialised Court”) reviewed the issue of the arbitrability of corporate disputes, as well as the arbitrability of claims that concern the establishment of the facts of a case. However, the findings of the third instance court raise more questions […]

New Rules for Interim Measures Related to Enforcement of Arbitral Awards in Ukraine

New Rules for Interim Measures Related to Enforcement of Arbitral Awards in Ukraine

The Ukrainian Parliament adopted long-expected amendments to the Civil Procedure Code of Ukraine regarding interim measures in foreign judgment and arbitral award enforcement proceedings. The new rules became binding on 19 October, 2011.  The new rules allow foreign creditors to apply for interim measures while recognition and enforcement proceedings are still pending.  Thus they can ensure, […]

GEA v. Ukraine: an Arbitral Award is not an Investment

GEA v. Ukraine: an Arbitral Award is not an Investment

In a recently published award in GEA Group Aktiengesellschaft v. Ukraine, an ICSID Tribunal found that an arbitral award for the recovery of money (due under an agreement treated as an investment) does not in itself constitute an investment (para 162). The Tribunal further held that if failure to enforce an award may constitute expropriation, […]

Confidentiality in Arbitration under Kazakhstan Law

Confidentiality in Arbitration under Kazakhstan Law

Confidentiality is one of the main advantages of arbitration recognized in Kazakhstan and other jurisdictions. In practice, however, a number of problems related to confidentiality remain unresolved. The controversial issues include disclosure of information related to cases of particular importance to the society at large, observance of confidentiality at the stage of enforcement of arbitral […]

Towards Non-arbitrability of Consumer Disputes in Ukraine

Towards Non-arbitrability of Consumer Disputes in Ukraine

On 3 February 2010 a new bill related to arbitration was introduced to the Ukrainian parliament – Verkhovna Rada. The proposed amendments change Article 6 of the Law on Arbitration Courts which governs competence of arbitration tribunals. It purports to exclude consumer disputes from jurisdiction of arbitration tribunals, thus making such disputes non-arbitrable in Ukraine. […]