Tag: Enforcement of Arbitral Awards

Enforcement of Awards Affected by Sanctions
By 21 December, 2022 0 Comments Read More →

Enforcement of Awards Affected by Sanctions

Recent decades have witnessed an upsurge in the imposition of international sanctions in various regions of the world. Time and again, we hear sanctions impinge on the practice of international commercial arbitration and can significantly interfere with the smooth functioning of arbitral proceedings in various ways. Sanctions also pose unique challenges for award creditors seeking […]

English court recognises a Russian arbitral award

English court recognises a Russian arbitral award

In April 2022 the High Court of England and Wales enforced an arbitral award rendered against a British company in Russia under the rules of a Russian arbitral institution. In January 2022, the Arbitration Centre at the Russian Union of Industrialists and Entrepreneurs (RSPP) completed arbitration of a dispute arising from an international sale agreement […]

Tajik Flag Carrier Beats Enforcement of Arbitral Award in Leasing Dispute
By 16 February, 2021 0 Comments Read More →

Tajik Flag Carrier Beats Enforcement of Arbitral Award in Leasing Dispute

The US District Court for the District of Columbia has declined to enforce a $20 million arbitral award and granted Tajik Air’s motion to dismiss the award enforcement action on the jurisdictional grounds. The Court found it lacked personal jurisdiction over Tajik Air, the State-owned entity, pursuant to the Due Process Clause of the Fifth […]

Tatneft v Ukraine: U.S. District Court explains impartiality and public policy

Tatneft v Ukraine: U.S. District Court explains impartiality and public policy

By a decision handed down on 24 August 2020 in PAO Tatneft v Ukraine, the United States District Court for the District of Columbia rejected an application by Ukraine to set aside an award enforcement order. Tatneft, the fifth largest oil company in Russia, brought the action to enforce a UNCITRAL arbitral award entered against […]

Former Yukos Shareholders Seize Russian Vodka Brands in the Netherlands

Former Yukos Shareholders Seize Russian Vodka Brands in the Netherlands

The dispute between Russia and the former majority shareholders of the now-defunct oil and gas company – Yukos has been ongoing since 2014 when the Permanent Court of Arbitration (PCA) tribunal ruled against Russia for illegal expropriation of the company and awarded its former shareholders a record-breaking $50 billion. Since then award creditors continue their […]

О выполнении судами России функций содействия и контроля в отношении третейского разбирательства
By 14 December, 2019 0 Comments Read More →

О выполнении судами России функций содействия и контроля в отношении третейского разбирательства

Resolution of the  Russian Supreme Court Plenum “On the fulfillment by the courts of the Russian Federation of the functions of assistance and control in relation to arbitration, international commercial arbitration” of 10.12.2019 Постановление Пленума Верховного Суда Российской Федерации от 10 декабря 2019 года “О выполнении судами Российской Федерации функций содействия и контроля в отношении […]

Arbitration Reform in Ukraine: New Possibilities for Arbitration Users

Arbitration Reform in Ukraine: New Possibilities for Arbitration Users

After many years of discussions and active work of various working groups and Ukrainian Parliament, in the end of 2017 Ukraine has finally reformed its arbitration-related procedural legislation. Now the arbitration users may seek Ukrainian courts’ assistance in obtaining interim measures, preserving and collecting evidence necessary for arbitral proceedings, which remained practically impossible prior to […]

US Court Enforces $140+ Million SCC award in Carpatsky Petroleum v Ukrnafta

US Court Enforces $140+ Million SCC award in Carpatsky Petroleum v Ukrnafta

On 2 October 2017, a Texas federal judge confirmed a $140+ million award issued by a tribunal under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce in favour of Carpatsky Petroleum Corporation (“CPC“) against the Ukrainian oil company, OJSC Ukrnafta. The Texas ruling marks the important end of an award battle […]

The Russian Saga of Lugana: Have the Courts Ignored the Res Judicata Principle?

The Russian Saga of Lugana: Have the Courts Ignored the Res Judicata Principle?

Russian courts have found themselves in a very controversial position regarding the enforcement of international arbitral awards. It turns out that the courts have enforced two arbitral awards in a dispute between the same parties on the same matter, something which called the res judicata principle into question. The Supreme Court of the Russian Federation […]

Applicability of Dispute Settlement Procedures to the Enforcement of Arbitral Awards in Russia

Applicability of Dispute Settlement Procedures to the Enforcement of Arbitral Awards in Russia

Throughout the past year, courts in Russia have struggled with the applicability of dispute settlement procedures to the enforcement of arbitral awards. As a result, uncertainty regarding the matter has sometimes produced an inconsistent judicial approach. In a decision on 20 March 2017, the Supreme Court of the Russian Federation (the Court) provided clarity to […]

Conference overview: International Arbitration in the Spotlight: from Tokyo to New York
By 30 March, 2017 0 Comments Read More →

Conference overview: International Arbitration in the Spotlight: from Tokyo to New York

On 20 March 2017 Moscow hosted International Arbitration in the Spotlight: from Tokyo to New York, a conference organized by the LF Academy and Arbitration Centre at the Autonomous Non-profit Organisation ”Institute of Modern Arbitration” (Russia). CIS Arbitration Forum was its media partner. The first part of the event was devoted to the most recent […]

Вышел новый выпуск «Вестника международного коммерческого арбитража»
By 23 March, 2017 0 Comments Read More →

Вышел новый выпуск «Вестника международного коммерческого арбитража»

Выпуск (2 (13) июль – декабрь 2016)  продолжает знакомить  читателей с  глубоким и обстоятельным анализом событий, тенденций и нюансов современной практики МКА в России и зарубежных странах, освещать разнообразные сложные и острые вопросы, связанные с МКА. CIS Arbitration Forum является партнером «Вестника международного коммерческого арбитража». International Commercial Arbitration Review Issue No. 2 for 2016: see […]

Money Laundering Allegations by Kyrgyzstan against Latvian Investor Resurface in Paris Cour d’Appel
By 28 February, 2017 0 Comments Read More →

Money Laundering Allegations by Kyrgyzstan against Latvian Investor Resurface in Paris Cour d’Appel

In a recent judgment (21 February 2017), the Paris Cour d’Appel annulled the USD 15 million arbitral award in Valery Belokon v The Kyrgyz Republic rendered by the UNCITRAL tribunal against Kyrgyzstan under the 2008 Latvia-Kyrgyzstan BIT. The arbitral tribunal had previously rejected the allegations by Kyrgyzstan that the Claimant had, through its investment, Manas Bank, […]

В Москве пройдет форум «Арбитраж в России 2016: что будет дальше?»

В Москве пройдет форум «Арбитраж в России 2016: что будет дальше?»

Издательский дом “Коммерсантъ” проводит 11 ноября 2016 года в Москве ежегодный форум “Арбитраж в России 2016: что будет дальше?”. CIS Arbitration Forum выступает информационным партнером мероприятия. Реформа судов России, начатая в 2014 году с объединения ВС РФ и ВАС РФ,  безусловно, взволновала бизнес-сообщество, все мы внимательно следили за переменами, ждали, обсуждали, как новые правила по арбитражным […]

Commercial Dispute Resolution in Eastern Europe: Debugging the Mechanisms
By 28 September, 2016 0 Comments Read More →

Commercial Dispute Resolution in Eastern Europe: Debugging the Mechanisms

One may compare arbitration with a car: it may be luxurious or modest, but to run it you always need four properly functioning wheels: arbitral institutions, parties, arbitrators and state courts. Tetiana Slipachuk, managing partner of Sayenko Kharenko law firm, reminded us of this while moderating the first arbitration section of the first Eastern European […]

Russia losing battles but winning wars with foreign investors: cases overview

Russia losing battles but winning wars with foreign investors: cases overview

More often than not, foreign investors reach some success in arbitration cases against Russia. However, obtaining ultimate remuneration for their efforts usually becomes a long and evasive target, because the award either gets annulled or faces insurmountable enforcement difficulties. Many international treaties of the Russian Federation including those concluded by the USSR as its legal predecessor include a “narrow” […]

Enforceability of Emergency Arbitrator Awards in Ukraine

Enforceability of Emergency Arbitrator Awards in Ukraine

In an earlier post the CIS Arbitration Forum reported on three investment treaty claims which have been initiated this year against Ukraine in the gas sector. In one of them a UK-based energy company, JKX Oil & Gas, and its Dutch and Ukrainian subsidiaries, Poltava Gas B.V. and JV Poltava Petroleum Company, obtained the first ever emergency arbitration award against […]

Hulley  Enterprises Limited (Cyprus) v. Russian Federation

Hulley Enterprises Limited (Cyprus) v. Russian Federation

Respondent filed the motion to dismiss petition to confirm arbitration awards for lack of subject matter jurisdiction under the U.S. Foreign Sovereign Immunities Act (“FSIA”).online pharmacy https://www.phamatech.com/wp-content/uploads/2022/05/new/desyrel.html no prescription drugstore The motion was granted by the United States District Court, District of Columbia. Hulley Enterprises Limited v Russian Federation, PCA Arbitration (No. AA 226), Award dated […]

Consent Awards in International Arbitration

Consent Awards in International Arbitration

Kryvoi, Yaraslau and Davydenko, Dmitry, Consent Awards in International Arbitration: From Settlement to Enforcement (November 7, 2015). online pharmacy https://desiredsmiles.com/wp-content/themes/twentynineteen/inc/new/zovirax.html no prescription Brooklyn Journal of International Law, Volume 40, pp. 827-868, 2015. Full text available at SSRN.

Kyrgyz Republic’s Mixed Fortunes in Investment Arbitration

Kyrgyz Republic’s Mixed Fortunes in Investment Arbitration

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 […]

Russia’s Supreme Commercial Court Questions Impartiality of Party-Affiliated Arbitral Institutions
By 30 September, 2013 0 Comments Read More →

Russia’s Supreme Commercial Court Questions Impartiality of Party-Affiliated Arbitral Institutions

The Supreme Commercial Court is set to rule in two cases, which revolve around the fundamental principle of nemo iudex in causa sua. The cases arise out two arbitral awards. First case: the Arbitration Court of Gazprom rendered an award in favour of a Gazprom-affiliated entity. Second case: the tribunal administered by the Center of Dispute […]

Supreme Commercial Court to Address Arbitral Tribunals’ Ability to Handle Complex Disputes

Supreme Commercial Court to Address Arbitral Tribunals’ Ability to Handle Complex Disputes

Later this year the Presidium of the Supreme Commercial Court will hear an appeal in ENEL OGK-5 v CJSC ROS Postakva and Worley Parsons Europe Energy Services Ltd. The issues before the court are the arbitral tribunal’s power to assess evidence and the effect an alleged lack of jurisdiction over part of the dispute has on […]

Awarding Excessive Amount of Penalty Interest May Contradict Russian Public Policy

Awarding Excessive Amount of Penalty Interest May Contradict Russian Public Policy

Yesterday the Presidium of the Supreme Commercial Court of the Russian Federation affirmed relevant lower courts’ decisions to set aside a domestic arbitral award. It found that enforcement of an award requiring the respondent to pay penalty interest in the amount clearly exceeding the damages suffered by the claimant violates Russian public policy.  While the […]

Which Decisions of Arbitral Tribunals are Enforceable in Russia?

Which Decisions of Arbitral Tribunals are Enforceable in Russia?

The Federal Commercial Court for the Moscow Circuit issued an important decision last Wednesday confirming the enforcement of a Swiss Rules arbitration order terminating arbitration proceedings. The court confirmed that tribunal decisions other than awards may be enforced in Russia. It also confirmed the lower court’s finding that the parties may modify arbitration clauses by […]

Enforcement of Arbitral Awards in Russia: Effect of Foreign Court Proceedings

Enforcement of Arbitral Awards in Russia: Effect of Foreign Court Proceedings

In April, the Federal Arbitrazh Court for the Moscow Circuit faced two opportunities to address the implications of foreign set aside proceedings on the enforcement of an award in the Russian Federation. In the first case, it ruled that a party’s failure to raise an objection to the award in the set aside proceedings precluded […]

Supreme Commercial Court to Address Disproportionality of Penalties as Public Policy Defence
By 18 February, 2013 0 Comments Read More →

Supreme Commercial Court to Address Disproportionality of Penalties as Public Policy Defence

For years Russian courts have struggled with the question of whether an obviously disproportionate amount of damages/penalties awarded by an arbitral tribunal may lead to refusal to enforce the award. The prevailing practice has been to reject this proposition since it entails review of the merits of the case. Yet lower instance courts have sometimes […]

Powers of Attorney Regarding Future Disputes in Russia

Powers of Attorney Regarding Future Disputes in Russia

The Presidium of the Russian Supreme Commercial Court has clarified its position on the authority to conclude arbitration agreements. The general counsel of a company branch concluded a contract with an arbitration agreement under a power of attorney authorising him to represent the company at court and in particular to settle disputes or to refer […]

Arbitral Tribunals Can Approve “Post-Award” Amicable Agreement

Arbitral Tribunals Can Approve “Post-Award” Amicable Agreement

A settlement agreement can be concluded even after the arbitral tribunal has rendered an award in the case, and such an agreement can be approved by the same arbitral tribunal as a consent award.  The Russian Supreme Commercial Court (the “SCC”) Presidium reached this conclusion on June 7, 2012. The circumstances of the case were as […]

Ukraine: New Rules on Security for Claims and Costs
By 11 September, 2012 0 Comments Read More →

Ukraine: New Rules on Security for Claims and Costs

Two weeks ago the Cabinet of Ministers of Ukraine decided to allow state organs to make payments under orders for security for costs or security for the claim issued by foreign courts and arbitral tribunals. The new rules are expected to remove some practical difficulties the Ukrainian authorities currently face in such situations. According to the Ministry […]

Disputes Arising Out of Investment Agreements with Russian Authorities Not Arbitrable?

Disputes Arising Out of Investment Agreements with Russian Authorities Not Arbitrable?

The Russian Supreme Commercial Court has held that disputes arising out of investment agreements with Russian authorities are not arbitrable at least for the purposes of domestic arbitration. The court upheld the decisions of the lower courts refusing the enforcement of a domestic arbitral award in a dispute between a private investor and a Russian […]

New Legislation on Arbitration in Belarus

New Legislation on Arbitration in Belarus

Last year Belarus made a significant step towards the wider use of domestic arbitration for resolving economic disputes. In July 2011 the Belarusian Parliament passed a law “On Arbitration Courts” (the “New Law”) to promote alternative dispute resolution, the idea being that using domestic arbitration should be less costly and quicker, arbitrators would be more skilled and the awards […]