In a recent decision the Supreme Court of Ukraine confirmed that the respondent may not prevent enforcement of an arbitral award simply by claiming that it had not received notice. The decision also confirms that the respondent may not circumvent the general allocation of burden of proof mandated by the New York Convention by reframing […]
The April UNCTAD report on recent developments in investor-state dispute settlement shows that arbitrations under the UNCITRAL Arbitration Rules constitute 28% of the total investment disputes conducted by the end of 2013. The findings are even more important for the CIS region as many of its countries, such as the Russian Federation, Kyrgyzstan, Moldova and Tajikistan […]
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 […]
The Kyrgyz Republic found itself on the receiving end of a flurry of investment arbitration claims a couple of years ago. While it has since successfully resolved a number of cases, it has also lost several times. This post looks at two important recent developments. The first one is three awards rendered against the Kyrgyz […]
Parties’ use of arbitration for improper purposes has been a topic of growing concern for the Russian business community, courts and state authorities. While an extensive overhaul of the Russian arbitration law to address these concerns is underway, courts employ available procedural mechanisms to combat abuse. This week the Presidium of the Supreme Commercial Court will […]
Russian courts have traditionally been cautious in dealing with ambiguous and too general arbitration clauses. Where parties agree that their disputes “shall be resolved by arbitration” without more the clause is unlikely to be enforced. However, Russia’s participation in the European Convention on International Commercial Arbitration (the “European Convention”) provides a very useful instrument to […]
20th Anniversary ICAL Conference in Stockholm on 31.08 and 01.09
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