Author Archive: Konstantin Voropaev

Konstantin Voropaev obtained an LLM degree with distinction at Robert Gordon University (Scotland) in 2017 having previously graduated with honours from Omsk State University in 2012. His professional interests include various legal areas, compliance and ethics procedures. He deals with international commercial arbitration in different jurisdictions (Russia, Central Asia, and Europe), legal matters in pharmaceutical production and medical affairs in clinical trials, civil and contract legal issues, compliance.

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New online ADR mechanism for resolving disputes with consumers in Russia

New online ADR mechanism for resolving disputes with consumers in Russia

In March 2021, the Government of the Russian Federation submitted to the State Duma amendments to the law on consumer protection, which will allow online sellers and buyers to make claims and settle disputes regarding such claims out of court through a special online service. The draft of Federal Law No. 1138398-7 (the “Draft”) provides […]

Posted in: consumer disputes
The consequences of incorrect or unclear identification of arbitral institution in an arbitration agreement

The consequences of incorrect or unclear identification of arbitral institution in an arbitration agreement

On 10 December 2019, the Plenum of the Russian Supreme Court adopted the Resolution on the fulfillment by Russian courts of the assistance and control functions in respect of internal arbitration and international commercial arbitration. The Supreme Court revised the initial draft due to several recommendations. In particular, this document now contains essential rules with […]

Domain disputes resolution in Kazakhstan

Domain disputes resolution in Kazakhstan

In the 21st century, legal disputes relating to information technology (IT) have become a widespread reality. One of the categories of IT disputes concerns domain names and their regulation. The legal protection of domain names is a complex procedure which can be achieved by means of litigation in a state court or institutional arbitration in […]

Realization of impartiality and independence principles under the rules of Kazakhstani arbitral institutions

Realization of impartiality and independence principles under the rules of Kazakhstani arbitral institutions

The most reputable arbitral institutions throughout the world establish rules which serve as the basis for unbiased consideration of cases and disputing parties obtain guarantees that disputes between them will be resolved in strict compliance with the law. Arbitral institutions of Kazakhstan do not constitute an exception and most of them establish in their arbitration […]

The place of the ‘competence-competence’ principle in the CIS countries legislation

The place of the ‘competence-competence’ principle in the CIS countries legislation

The internationally recognized and legally established principle of ‘competence-competence’ (kompentenz-kompetenz) authorizes an arbitral tribunal to decide itself whether it has the competence to resolve a dispute. The arbitration legislation of CIS countries firmly establishes the common requirements for applications of this principle. At the end of 2018 and beginning 2019, arbitration legislation of several CIS […]

The legal novels in Kazakhstani arbitration legislation

The legal novels in Kazakhstani arbitration legislation

At the end of January 2019, the Parliament of Kazakhstan passed a law which introduced substantive changes in various Kazakhstani statutes. The law, among other things, amends the Law of the Republic of Kazakhstan “On Arbitration” (the Law on Arbitration). Three matters merit special attention: the competence of the Arbitration Chamber of Kazakhstan, the list […]

The legal clash between MTS and Turkmenistan – impairment of investor’s rights or defense of State interests?

The legal clash between MTS and Turkmenistan – impairment of investor’s rights or defense of State interests?

In July 2018, Mobile TeleSystems (MTS) started a new investment arbitration at ICSID against Turkmenistan. The long-running legal conflict between these parties clearly shows how investment climate depends on the State’s ability to maintain foreign investor and to guarantee its rights of inviolability of property. Generally, the reckless policy of the State in relation to […]

Astana International Financial Centre’s (AIFC) Court: what is its position within the judicial system of Kazakhstan?

Astana International Financial Centre’s (AIFC) Court: what is its position within the judicial system of Kazakhstan?

On 5 July 2018, the President of Kazakhstan, in a festival atmosphere surrounded by representatives of the business community, opened the Astana International Financial Centre’s (AIFC) Court. From the legal standpoint, one of the most essential goals of the new institution is to offer protection of foreign investors. However, the establishment of the Court and its legal status raised a […]

Reform of the Law on the Chamber of Commerce in Uzbekistan: a new attempt to attract investors

Reform of the Law on the Chamber of Commerce in Uzbekistan: a new attempt to attract investors

Earlier this year, the Parliament of the Republic of Uzbekistan passed the legislation ‘On Amendments and Additions to the Law on the Chamber of Commerce and Industry (CCI) of the Republic of Uzbekistan’, which reforms the current function system of the CCI. The amendments are aimed at assuring foreign investors that the updated legislation provides […]