Archive for April, 2011

Religion and Arbitrators under English Law

Religion and Arbitrators under English Law

Many Russian and CIS businessmen incorporate clauses in commercial contracts providing for LCIA arbitration in London. Often such contracts also include requirements for nationality and other qualifications of arbitrators of their choice. But how far is it possible to go under English law in specifying their requirements? The UK Supreme Court ruling in Hashwani v […]

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, […]

Legal Nuances of Russian-English Translation

Legal Nuances of Russian-English Translation

Russian legal terminology may often pose a challenge even to Russians, let alone those educated in the common law tradition.online pharmacy http://miamihealth.com/images/jpg/premarin.html no prescription drugstore If mistranslated – or translated too literally, by means of what linguists call a “calque” – Russian legalese, part of the civil law system heavily influenced by German law and […]

A Pro-Arbitration Stance of the Russian Supreme Commercial Court

A Pro-Arbitration Stance of the Russian Supreme Commercial Court

The Supreme Commercial Court of the Russian Federation (“the SCC”) demonstrated over the last years a general trend of SCC to interpret law in a pro-arbitration light so that to avoid formalistic and unwisely restrictive approach to applying the law. Below is just one example of such pro-arbitral approach of SCC. This case also illustrates […]