Archive for May, 2013

ICSID Rejects Denial of Justice Claims against Kazakhstan in a Recently Released Award

ICSID Rejects Denial of Justice Claims against Kazakhstan in a Recently Released Award

Last week ICSID released a redacted version of a 2010 award in Liman Caspian Oil B.V. and NCL Dutch Investment B.V. v. Kazakhstan.  While both the facts of the case and the parties’ positions have been redacted, the remaining parts of the award provide illuminating analysis of such issues as legality of the investment as a […]

Liman Caspian Oil BV & ors v. Republic of Kazakhstan

Liman Caspian Oil BV & ors v. Republic of Kazakhstan

Liman Caspian Oil BV and NCL Dutch Investment BV v Republic of Kazakhstan, ICSID Case No. ARB/07/14, Award dated 22 June 2010 (excerpts)

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 […]

Russian SCC to Consider a “Problematic” Arbitration Clause

Russian SCC to Consider a “Problematic” Arbitration Clause

On 16 July the Supreme Commercial Court will consider whether an arbitration clause which consists of a reference to the ICC Rules of Arbitration is enforceable. The lower courts ruled that it was not, finding that it was not specific enough, with parties failing to agree on an institution to administer the arbitration. At first […]

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.online pharmacy https://kendrickfoundation.org/wp-content/uploads/2022/09/new/amoxil.html no prescription drugstore However, recently the […]

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

Competition of Russian and Foreign Jurisdictions: a Case Study

Competition of Russian and Foreign Jurisdictions: a Case Study

Competition and cooperation between legal systems is the opening theme of the plenary session of the International Legal Forum in Saint Petersburg on 15-18 May 2013. In October 2012 the Presidium of the Russian Supreme Commercial Court (“SCC”) issued a resolution dealing with competition between foreign and Russian jurisdictions which is relevant to this session and of interest to international litigation practitioners. […]