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 […]
Russian courts recently found that an arbitral tribunal’s choice of law determination is subject as a matter of procedure to state court control. Consequently, an “incorrect” determination of substantive law can amount to a violation of public policy in Russia. On October 14, 2006, a Russian buyer, OJSC Efirnoe (hereinafter “Efirnoe”) and a Ukrainian seller, […]
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, […]
Russian legal terminology may often pose a challenge even to Russians, let alone those educated in the common law tradition. 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 necessarily steeped in Hegelian-Marxist discourse, […]
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 […]
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