Tag: featured

Enforcement of foreign judgments and arbitral awards in the CIS region

Enforcement of foreign judgments and arbitral awards in the CIS region

On 25-26 May 2021, CIS Arbitration Forum conducted an online conference CIS-related Disputes: Treaties, Sanctions, Compliance and Enforcement. It brought together over 80 participants, including private practitioners, in-house lawyers and government officials. This is a recording of the third panel of the conference, which examines enforcement of foreign judgments and arbitral awards in the CIS region. […]

Soviet and intra-CIS BITs: an unexplored opportunity

Soviet and intra-CIS BITs: an unexplored opportunity

On 25-26 May 2021, CIS Arbitration Forum conducted an online conference CIS-related Disputes: Treaties, Sanctions, Compliance and Enforcement. It brought together over 80 participants, including private practitioners, in-house lawyers and government officials. This is a recording of the first panel of the conference, which examines the opportunities and challenges for international dispute resolution of Soviet and […]

Recent developments in commercial and investment arbitration in the CIS region (video)

Recent developments in commercial and investment arbitration in the CIS region (video)

On 25-26 May 2021, CIS Arbitration Forum conducted an online conference CIS-related Disputes: Treaties, Sanctions, Compliance and Enforcement. It brought together over 80 participants, including private practitioners, in-house lawyers and government officials. We present a recording of the first panel of the conference, which summarizes the most recent developments related to arbitration in selected jurisdictions. 0:13 […]

What makes CIS-related disputes different?
By 16 June, 2021 0 Comments Read More →

What makes CIS-related disputes different?

On 25-26 May 2021, CIS Arbitration Forum conducted an online conference CIS-related Disputes: Treaties, Sanctions, Compliance and Enforcement. It brought together over 80 participants, including private practitioners, in-house lawyers and government officials. We present a recording of the conference introductory remarks followed by the keynote address. The recording does not include the Q&A session.   […]

Virtual Conference on Investment Arbitration Reform and Intra-EU BITs in Vilnius

Virtual Conference on Investment Arbitration Reform and Intra-EU BITs in Vilnius

Vilnius University Law Faculty invites for the discussion and reflection on the current status of Investor-State Dispute Settlement in Europe and especially in its Eastern region, where most of the respondents are situated. This online conference will take place on 27-28 May and cover a variety of hot topics ranging from the Multilateral Investment Court, […]

Crimea-related arbitral award annulled for lack of ratione temporis jurisdiction

Crimea-related arbitral award annulled for lack of ratione temporis jurisdiction

On 30 March 2021, the Paris Court of Appeal annulled a 1.1 billion US dollars award against Russia in favour of the Ukrainian state-owned bank Oschadbank for the expropriation of its assets in Crimea. The Court found that the Oschadbank’s investments did not fall within the temporal scope of the Russia-Ukraine 1998 BIT, and therefore […]

Russian law experts in English courts – practical aspects

Russian law experts in English courts – practical aspects

Those unfamiliar with civil law procedure rules followed by English courts may find it difficult to understand how to argue issues related to foreign law. Should lawyers representing the parties explain their own understanding of foreign law? Are they supposed to invite experts to do that? Do experts need to be admitted to practice in […]

Корпоративные конфликты, противоисковые меры, дедлоки, сделки M&A в условиях локдауна:
By 27 March, 2021 0 Comments Read More →

Корпоративные конфликты, противоисковые меры, дедлоки, сделки M&A в условиях локдауна:

о чем говорили на V-ой конференции “Новеллы ГК и корпоративное право”? 19 марта представители юридических фирм и корпораций собрались на шестую ежегодную конференцию «Новеллы ГК и корпоративное право», организованную Regent Capital Communications. Специфика работы юристов и корпоративные мероприятия сегодня Конференцию открыла Валерия Андреева, старший юрисконсульт, ОЗОН. Выступление Валерии было посвящено тому, как пандемия повлияла на […]

Posted in: Events
CIS-related Disputes: Treaties, Sanctions, Compliance and Enforcement

CIS-related Disputes: Treaties, Sanctions, Compliance and Enforcement

On 25-26 May 2021, CIS Arbitration Forum will bring together leading practitioners, academics and arbitrators to discuss some of the most challenging problems which lawyers face in disputes related to Russia, Ukraine, Kazakhstan and other countries of the CIS region. Four panels will feature recognised experts presenting their views and answering questions from the audience. […]

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 […]

UK court enforced Tatneft’s award despite illegality defense
By 26 January, 2021 0 Comments Read More →

UK court enforced Tatneft’s award despite illegality defense

Ukraine has failed to overturn the enforcement of the investment treaty award won by Tatneft despite a finding by the Commercial Court in London (the „Court”) that a significant portion of the damages awarded related to an illegal purchase of shares. The Court found that under Ukrainian corporate law Tatneft illegally obtained the investments, and […]

The Law and Policy of New Eurasian Regionalization: a new book published
By 23 January, 2021 0 Comments Read More →

The Law and Policy of New Eurasian Regionalization: a new book published

The Law and Policy of New Eurasian Regionalization: Economic Integration, Trade, and Investment in the Post-Soviet and Greater Eurasian Space, edited by Anna Aseeva and Jędrzej Górski (ISBN: 978-90-04-44786-8) makes several unique contributions to the literature. First and foremost, most of the current literature is in either economics or politics, with only a secondary focus […]

Posted in: Book review
Dutch Court Deals Enforcement Blow to Yukos Shareholders

Dutch Court Deals Enforcement Blow to Yukos Shareholders

The district court of the Hague has ruled against the former majority shareholders of OJSC Yukos Oil Company seeking to enforce Energy Charter Treaty arbitration awards of over US$50 billion. At the end of October this year, the court lifted the attachment the shareholders had previously secured over two Russian vodka trademarks, Moskovskaya and Stolichnaya. […]

WADA v. RUSADA Case Heard in the Court of Arbitration for Sport

WADA v. RUSADA Case Heard in the Court of Arbitration for Sport

The future of Russian sport including hosting competitions and future participation of the Russian athletes in the major sports events depended on the outcome of a case that was pending before the Court of Arbitration for Sport (CAS). Pre-History of the Case On 18 November 2015 World Anti-Doping Agency (WADA) suspended the Russian Anti-Doping Agency (RUSADA) […]

Posted in: sport arbitration
Crimean Legal Saga Continues: Investor Clamors for a Bigger Piece of the Pie
By 14 December, 2020 0 Comments Read More →

Crimean Legal Saga Continues: Investor Clamors for a Bigger Piece of the Pie

It comes as no surprise that winning a case does not always imply that a party will automatically get paid, which is a recurring challenge in the investor-state dispute settlement (ISDS) context. On November 10, the Supreme Court of Ukraine dismissed a case filed by IKB-Invest seeking to hamper enforcement of an arbitral award in […]

How to Make Remote Arbitration Interpreting Work

How to Make Remote Arbitration Interpreting Work

How hubs need to adapt to support everyone involved I’ve already written in this forum about the technical and procedural issues that legal interpreters currently face during remote hearings. In this article, I use my most recent experiences of remote interpreting from client-provided hubs at CIS-related cases to describe how there are still a few […]

Enka v Chubb 2.0: the Proper Law of an Arbitration Agreement
By 20 November, 2020 0 Comments Read More →

Enka v Chubb 2.0: the Proper Law of an Arbitration Agreement

In a landmark decision in Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors [2020] UKSC 38, the U.K. Supreme Court clarified the applicable principles for determining governing laws of an arbitration agreement in the absence of the parties’ express choice. The court upheld the appeal staying parallel court proceedings in Russia […]

PJSC Tatneft v Bogolyubov and Legal Professional Privilege in English Law
By 19 November, 2020 0 Comments Read More →

PJSC Tatneft v Bogolyubov and Legal Professional Privilege in English Law

In the recent case of PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 2437 (Comm) the English Commercial Court held that legal advice privilege applies to communications between clients and their in-house lawyers in foreign jurisdictions regardless of the status of the lawyer in that jurisdiction.  The dispute arose out of a Ukrainian oil refinery’s […]

Gold Pool v Kazakhstan: the State is Not Bound by the Soviet Treaty
By 11 November, 2020 0 Comments Read More →

Gold Pool v Kazakhstan: the State is Not Bound by the Soviet Treaty

On July 30, 2020, an arbitral tribunal chaired by Albert Jan van den Berg, with David Williams and Gabriel Bottini as co-arbitrators, has rendered a unanimous award dismissing claims of a Canadian company, Gold Pool JV Ltd., against the Republic of Kazakhstan in international arbitration proceedings. In its decision, the Tribunal held that Kazakhstan was […]

Arbitrability of Insolvency Disputes: the Principle of Modified Universalism
By 26 October, 2020 0 Comments Read More →

Arbitrability of Insolvency Disputes: the Principle of Modified Universalism

On 23 September 2020, English High Court granted an application for an interim injunction to restrain liquidators for the International Bank of St. Petersburg from pursuing insolvency proceedings in Russia in breach of an LCIA arbitration agreement. Most jurisdictions provide several mechanisms to reverse transactions entered into by a debtor prior to the commencement of […]

Applicability of the Estoppel Principle by Ukrainian Courts

Applicability of the Estoppel Principle by Ukrainian Courts

In 2020 Ukrainian civil and commercial courts, especially the Supreme Court considerably increased invoking and applying the principle of estoppel to protect legitimate expectations and prevent procedural abuse. This is remarkable because Ukrainian law does not expressly regulate this principle. Estoppel is a legal concept that prevents someone from arguing something or asserting a right […]

Empirical data on ISDS in the CIS: who are the main winners and losers?

Empirical data on ISDS in the CIS: who are the main winners and losers?

The CIS Arbitration Forum conducted an empirical study on the performance of States in the CIS region in known investor-state disputes between 1996 and June 2020. It shows the growth patterns of the disputes, highlights notable features of their outcomes, and identifies trends regarding the State of investor origin and nationality of arbitrators. The research […]

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 […]

Kazakhstan Defeats Enforcement of Investment Arbitration Award Against National Bank Assets

Kazakhstan Defeats Enforcement of Investment Arbitration Award Against National Bank Assets

The Svea Court of Appeal, on June 17th 2020, handed down its decision in the Republic of Kazakhstan v Stati et al annulling orders of attachment against assets of the National Bank of Kazakhstan. The court ruling is the latest development in the protracted process of enforcement of an SCC investor-state award granted against Kazakhstan […]

English Court Rejects Contempt Application Calling It Personal Vengeance

English Court Rejects Contempt Application Calling It Personal Vengeance

In Navigator Equities Ltd & Anor v Deripaska [2020] EWHC 1798 (Comm), the High Court of England and Wales, on 17th July 2020, held that the claimant’s contempt application was an abuse of process as being primarily motivated by personal animosity against the counterparty.  In this large-value dispute emerging from Russia, the judge emphasized that […]

Dual national fails in a multi billion claim against Russia

Dual national fails in a multi billion claim against Russia

On 22 June 2020 the Russian Ministry of Justice announced that the UNCITRAL tribunal hearing Mr Serghei Pugachev’s US$14.5 billion claim against the Russian Federation under France-USSR 1989 BIT (the “BIT”) lacked jurisdiction over the claimant’s claim. The tribunal found that the claimant was not a French national at the time he made his investments […]

Russian Court Thwarts Asset Shifting Manoeuvre in Support of the LCIA Arbitration

Russian Court Thwarts Asset Shifting Manoeuvre in Support of the LCIA Arbitration

On 4 June 2020, the Commercial Court for the city of St. Petersburg and the Leningrad Region granted provisional relief in order to prevent dissipation of assets and thus to avoid the frustration of enforcement of an LCIA award in Russia. The court articulated ”reasonable suspicion“ standard for preliminary relief and provided further guidance and […]

Investor-State Disputes against the Kyrgyz Republic: new developments

Investor-State Disputes against the Kyrgyz Republic: new developments

This year has presented itself as an economically and socially turbulent year for both states and the private sector. Yet investor-state disputes still arise and continue to proceed during this period, particularly against the Kyrgyz Republic. The following trends can be observed from current cases: the majority of proceedings are brought by investors from the […]

Russian Response to Western Sanctions: Exclusive Jurisdiction of State Commercial Courts

Russian Response to Western Sanctions: Exclusive Jurisdiction of State Commercial Courts

On 8 June 2020, the Russian legislator has implemented changes to the Russian Commercial Procedure Code. The amendment grants Russian commercial courts exclusive jurisdiction over certain types of disputes whose subject matter relates to foreign sanctions or disputes involving sanctioned individuals and legal entities. At the request by sanctioned parties, Russian commercial courts now have […]

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 […]

Enka v Chubb Russia: Role of the Seat of Arbitration

Enka v Chubb Russia: Role of the Seat of Arbitration

The English Court of Appeal has recently confirmed in Enka v Chubb that English courts are competent to grant anti-suit injunctions in support of arbitrations seated in England and has provided further clarifications on how to properly determine the governing law of the arbitration agreement. A massive fire broke out in 2016 during the reconstruction […]

Как пандемия повлияет на международный арбитраж?

Как пандемия повлияет на международный арбитраж?

Большинство государств ввели карантинные меры, которые предусматривают ограничение поездок за границу, уменьшение социальных контактов, а иногда полную самоизоляцию. Такие меры уже повлияли на мировую и национальную торговлю, финансовые рынки и экономическое состояние бизнеса. Международный арбитраж в этой довольно нестабильной среде пытается администрировать дела в штатном режиме и обеспечивать их рассмотрение без неоправданных задержек. Арбитраж остается […]

Resolution of disputes in the Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry

Resolution of disputes in the Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry

In 2020 Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry (MAC) celebrates its 90th anniversary. Throughout its history, its tribunals have heard more than 4000 cases. Maritime disputes usually involve many complex legal and factual issues. Resolving such disputes requires special knowledge in maritime law and understanding merchant shipping. Particular features of […]

Влияние пандемии на международный арбитраж: взгляд из Украины

Влияние пандемии на международный арбитраж: взгляд из Украины

Тема влияния пандемии на международный арбитраж интересует многих. Можно выделить два аспекта. Первый – влияние ограничений, связанных с пандемией, на общее количество и содержание споров. Второй – непосредственное влияние пандемии на характер ведения арбитража. Что касается первого аспекта, то пока преждевременно говорить о стремительном росте количества дел или об их отличительной черте, связанной, например, с […]

Fresh Unexplained Wealth Orders granted following new Court of Appeal ruling
By 14 April, 2020 0 Comments Read More →

Fresh Unexplained Wealth Orders granted following new Court of Appeal ruling

A recent ruling from the Court of Appeal encouraged the National Crime Agency to push forward with its use of Unexplained Wealth Order applications. The Court of Appeal dismissed an appeal by Zamira Hajiyeva who must now divulge the source of funds used to purchase properties or risk their seizure. In this, first case, brought […]

International Investment Law and Dispute Resolution (online course)

International Investment Law and Dispute Resolution (online course)

Prof Yarik Kryvoi, the founder and co-editor of the CIS Arbitration Forum forum launched a new online course on International Investment Law and Dispute Resolution. This course covers the history and the rationale of protection of foreign direct investments, applicable law, the key principles of international investment law and investor-state dispute settlement. All classes include […]

Российский арбитражный день 2020 планируется в Москве в июне
By 20 February, 2020 0 Comments Read More →

Российский арбитражный день 2020 планируется в Москве в июне

В июне 2020 года в Москве планируется шестой Российский арбитражный день – конференция, которая по праву стала одной из самых успешных в СНГ по теме арбитража. Российский арбитражный день – уникальное мероприятие, в ходе которого на протяжении уже нескольких лет пишутся страницы истории арбитража нашей страны. Спикерами РАД становятся как восходящие звезды арбитража из России, […]

Posted in: Events
The New Hague Convention on the Recognition and Enforcement of Foreign Judgments: A New Competition to the New York Convention?
By 22 January, 2020 0 Comments Read More →

The New Hague Convention on the Recognition and Enforcement of Foreign Judgments: A New Competition to the New York Convention?

On 2 July 2019, the delegates of the 22nd Diplomatic Session of the Hague Conference on Private International Law (“Hague Conference”) adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“Convention”). The discussions about potential ratification of the Convention by various countries (including the US and Russia) are […]

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 […]

Russian law now presumes the validity of the arbitration agreement
By 2 December, 2019 0 Comments Read More →

Russian law now presumes the validity of the arbitration agreement

Russia is often blamed for being not sufficiently arbitration-friendly jurisdiction where the risk of non-enforcement of the arbitral award remains high. However, a recent empirical study shows that in various years during the period 2008 to 2017 Russian courts granted the overwhelming majority of all recognition & enforcement applications. Since the start of the ongoing […]