Tag: featured

Компетенция без вопросов: как узбекский суд не учел арбитражную оговорку

Компетенция без вопросов: как узбекский суд не учел арбитражную оговорку

Summary: An Uzbek court of first instance heard several disputes arising out of unrelated contracts, and each contract had its own dispute resolution clause, including CIETAC arbitration. Neither of those clauses nor Uzbek procedural rules established a jurisdiction of that court of the first instance. Moreover, during the hearing of the case, one party duly […]

International Investment Law and Investor-State Disputes in Central Asia: Emerging Issues
By 11 May, 2023 0 Comments Read More →

International Investment Law and Investor-State Disputes in Central Asia: Emerging Issues

On April 20, 2023, the New York office of Dentons US LLP hosted an event titled Emerging Issues in Investment Disputes in Central Asia.  The event featured scholars and practitioners from around the world with interest in the Central Asian region.  This post provides insights from the event and additional remarks on the key topics […]

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 […]

US Supreme Court Curtails Discovery in Foreign Arbitrations

US Supreme Court Curtails Discovery in Foreign Arbitrations

On June 13, 2022, the U.S. Supreme Court resolved the long-lasting circuit split and sided with the courts holding that arbitral tribunals deciding private commercial disputes and at least certain ad hoc panels in investor-state treaty arbitrations do not qualify to obtain discovery in the United States, under the broad U.S. discovery rules, for use […]

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 […]

Установление содержания иностранного права в судах различных стран: роль эксперта

Установление содержания иностранного права в судах различных стран: роль эксперта

See English text below В рамках Второй межвузовской конференции «Новые вызовы и возможности частного права» 2 апреля в смешанном формате состоялась секция «Установление содержания иностранного права в судах различных стран: роль эксперта». Ее инициатором и модератором выступил доцент кафедры Международного частного и гражданского права МГИМО к.ю.н. Дмитрий Леонидович Давыденко. В работе секции принял участие доцент […]

The use of mediation and arbitration in combination: what does the empirical data say?

The use of mediation and arbitration in combination: what does the empirical data say?

How would you understand an expression “the use of mediation and arbitration in combination”? How exactly are mediation and arbitration combined? Are roles of a mediator and an arbitrator performed by the same neutral or not? These were the questions that I asked the participants of the conference New Horizons of Private Law (MGIMO University, […]

Russian court of appeals interprets a pathological arbitration clause
By 1 December, 2021 0 Comments Read More →

Russian court of appeals interprets a pathological arbitration clause

In a case filed by Spetstehnika LLC (Russia) against Cadman Power Equipment Asset Corp. (Canada), the 20th Circuit Court of Appeals in Russia considered the enforceability of a potentially pathological arbitration clause that referred to a non-existent arbitral institution in Canada.  The court of appeals, on 9 November 2021, refused to meddle with the parties’ […]

Guide to Next Generation of Russian Arbitrators now available
By 23 September, 2021 0 Comments Read More →

Guide to Next Generation of Russian Arbitrators now available

On 22 September 2021, the print edition of Guide to Next Generation of Russian Arbitrators (NGAR) was presented at the 13th Annual ABA Conference on the Resolution of CIS-Related Business Disputes. NGAR is a unique database that allows to search for an arbitrator with experience in Russia-related disputes. The Guide includes profiles of 86 arbitrators who practice in 10 […]

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
Sanctions and compliance: a narrow passage

Sanctions and compliance: a narrow passage

  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. Here you can see a recording of the panel of the conference dealing with sanctions. It summarizes the most recent developments on […]

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.online pharmacy https://www.childhealthonline.org/scripts/js/amoxil.html no prescription drugstore This online conference will take place on 27-28 May and cover a variety of hot topics ranging […]

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: Uncategorized
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 […]