Archive for December, 2011

Corporate Disputes in Russia: Arbitrable or Non-Arbitrable?
By 28 December, 2011 4 Comments Read More →

Corporate Disputes in Russia: Arbitrable or Non-Arbitrable?

Several recent court decisions in Russia, the most recent of which was taken on December 6, 2011, show disagreement with regard to arbitrability of corporate disputes in Russian state courts. On May 26, 2011 the Constitutional Court of the Russian Federation confirmed arbitrability of real estate disputes. The decision on arbitrability of corporate disputes is yet […]

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, […]

Suspension of Arbitral Award Enforcement Because of Financial Hardship
By 14 December, 2011 0 Comments Read More →

Suspension of Arbitral Award Enforcement Because of Financial Hardship

On 3 November a Russian court of appeal set aside the 2-year suspension order of arbitral award enforcement granted  because of financial difficulties of the debtor. The history of arbitration is as follows. English company Borregaard Industries Ltd operating in Norway successfully applied to the Commercial Court of Saint-Petersburg and Region to enforce an arbitral […]