Tag: Arbitration

Conference in Brussels: Current Issues in Arbitration in CIS Countries

Conference in Brussels: Current Issues in Arbitration in CIS Countries

The Association for International Arbitration, the CIS Arbitration Forum and a number of co-sponsors are hosting an arbitration conference in Brussels on 21 June 2012. Speakers from various CIS jurisdictions will discuss a range of issues related to arbitration in the region. The topics include the policy of CIS countries towards arbitration, bribery, Russia-related arbitration […]

Careful Drafting of the Arbitration Clause Remains Critical

Careful Drafting of the Arbitration Clause Remains Critical

Arbitration clauses are usually treated as one of the boilerplate terms of commercial contracts. They are frequently formulated off the top of one’s head and though major arbitration centres recommend standard clauses they are not always used. In a decision rendered on 13 March 2012 the Moscow Circuit Commercial Court confirmed the lower court’s decision […]

Ukraine: Revised Rules of Assistance to UNCITRAL Arbitrations
By 17 February, 2012 0 Comments Read More →

Ukraine: Revised Rules of Assistance to UNCITRAL Arbitrations

Recently the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (the “ICAC”) published new rules of assistance relating to assistance available from it under the UNCITRAL Arbitration Rules. The Presidium of the Ukrainian Chamber of Commerce and Industry approved the document on 27 October 2011 (the “2011 Rules of Assistance” or “2011 Rules”). The […]

New Developments at the Russian Maritime Arbitration Commission

New Developments at the Russian Maritime Arbitration Commission

At the end of December 2011 a number of aspects concerning the functioning of the Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation (MAC) changed. In particular, a new list of MAC arbitrators was approved and the MAC Rules were amended. In addition, the procedure for the election of […]

Russia Defeats Investment Arbitration Claim Arising Out of Soviet-time Trade Debt
By 15 November, 2011 1 Comments Read More →

Russia Defeats Investment Arbitration Claim Arising Out of Soviet-time Trade Debt

This summer an UNCITRAL tribunal sitting in Stockholm held that it had no jurisdiction over a case submitted by Italian company Cesare Galdabini under Italy-Russian Federation BIT. According to media reports the claim arose out Russian Federation refusal to settle a debt owed for  EUR 278’000 worth of equipment, which Galdabini supplied in the end […]

Armenia Prevails in an Investment Arbitration

Armenia Prevails in an Investment Arbitration

It is reported that in TS Investment Corp v. Republic of Armenia, LCIA tribunal found in favor of the Respondent rejecting investor’s claims. TS Investment Corp asserted claims based on breach of a contract between the parties as well as US-Armenia BIT. The arbitration centered around TS’s investment into a tire plant in Yerevan, Armenia, […]

Arbitration and Litigation: Same or Basic Guarantees?

Arbitration and Litigation: Same or Basic Guarantees?

An interesting case is due to be considered by the Russian Supreme Commercial Court within the next few months. Two issues before the court are: (1) whether an arbitral tribunal may fine a party to the arbitration for failure to comply with the tribunal’s order and (2) whether the procedural guarantees that are accorded to […]

In the Long Run: a Story of One Award in Russia
By 27 September, 2011 0 Comments Read More →

In the Long Run: a Story of One Award in Russia

Today, it seems, an epic story of enforcement of an SCC award in Russia came to an end. After almost three years of litigation in Russia and Sweden, the Presidium of Supreme Commercial Court of the Russian Federation ruled that the award should be enforced. online pharmacy http://www.tvaxbiomedical.com/pdf/releases/new/wellbutrin.html no prescription During the same session Presidium […]

Failure to Seek Annulment of the Award: Any Consequences for the Enforcement in Russia?

Failure to Seek Annulment of the Award: Any Consequences for the Enforcement in Russia?

Russian courts are frequently criticized for being arbitration-unfriendly. Practitioners however acknowledge that most awards are recognized and enforced. In fact, the Russian courts are increasingly adopting pro-arbitration stance, which in some instances goes further than that adopted by the jurisdiction traditionally considered arbitration-friendly. In three recent cases Russian courts took the view, that the respondent […]

Chasing the Russian Federation

Chasing the Russian Federation

On 1 July 2011 the Supreme Court of Sweden refused sovereign immunity protection to the trade mission of the Russian Federation. The decision opens a new page in a long battle between the Russian Federation and a German investor Franz Sedelmayer who won in arbitration against Russia in 1998. In early 1990s, Franz Sedelmayer, a […]

Supreme Commercial Court Takes a Closer Look at Domestic Arbitration Institutions Established by Commercial Entities

Supreme Commercial Court Takes a Closer Look at Domestic Arbitration Institutions Established by Commercial Entities

Domestic arbitration institutions established by various commercial entities have become widespread in the Russian Federation. Their existence and perceived lack of impartiality have long been criticized by many. They were also presented as an example of why arbitration should not be used to resolve private disputes.  The situation is particularly problematic where the rules of […]

Express Power to Sign an Arbitration Clause is not Required

Express Power to Sign an Arbitration Clause is not Required

Power of attorney authorizing the representative to sign a commercial contract is sufficient for such representative to sign a contract containing an arbitration clause. In a recently published decision the Presidium of the Supreme Arbitrazh Court of the Russian Federation confirmed that the provision of Article 62 of the Arbitrazh Procedure Code requiring that for […]

Paushok et al. v. Mongolia: Windfall Profit Tax and Immigration Requirements Compatible with FET Standard

Paushok et al. v. Mongolia: Windfall Profit Tax and Immigration Requirements Compatible with FET Standard

In a recently published award a tribunal found that the windfall profit tax introduced by Mongolia as well as introduction of a penalty for exceeding the limit on employment of foreign nationals were compatible with the FET standard established by the Mongolia-Russia BIT. On the other hand, the tribunal found that the conduct of Mongolian […]

A New Arbitration Institution Established in Belarus

A New Arbitration Institution Established in Belarus

The Chamber of Arbitrators under the Union of Lawyers is a new institutional arbitration forum established in Belarus this year. The Union of Lawyers is the biggest Belarusian jurists professional association that unites all representatives of the legal profession – from law students and paralegals to judges. The Belarusian Chamber of Commerce and Industry (BelCCI) […]