Tag: featured

Recent Investment Arbitration Cases involving CIS States

Recent Investment Arbitration Cases involving CIS States

While the spotlight of the CIS arbitration community is currently focused on investment disputes between Ukrainian claimants and the Russian Federation, moving to jurisdictional phase in mid-July 2016, other CIS states have also provided some noteworthy developments. This post highlights general trends identified in CIS-related Investor-State Dispute Settlement (“ISDS“) since 2015, and addresses certain cases that […]

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” […]

ICSID Award Favours Turkmenistan and Spurs Controversy

ICSID Award Favours Turkmenistan and Spurs Controversy

On 8 March 2016, an ICSID Tribunal dismissed the claim of a Turkish investor against Turkmenistan finding that the alleged violation of the Turkey-Turkmenistan Bilateral treaty (“BIT”) was “entirely without merit.” The arbitral award appeared to be controversial and resulted in two dissenting opinions. online pharmacy https://www.gcbhllc.org/image/png/synthroid.html no prescription İçkale İnşaat Limited Şirketi v. Turkmenistan (ICSID Case No. […]

More Parties include ICC Arbitration Clauses, the Number of CIS Disputes Rising
By 22 December, 2015 0 Comments Read More →

More Parties include ICC Arbitration Clauses, the Number of CIS Disputes Rising

CIS Arbitration Forum continues its series of interviews with representatives of major international arbitration institutions working on disputes related to Russia and the CIS region. This month we interviewed Andrea Carlevaris who serves as Secretary General of the ICC International Court of Arbitration and Director of Dispute Resolution Services of the ICC. Mr Carlevaris spoke […]

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 […]

Enforcement of Settlement Agreements Reached in Arbitration and Mediation

Enforcement of Settlement Agreements Reached in Arbitration and Mediation

In September 2015 the UNCITRAL Working Group II (Arbitration and Conciliation) continued its work on formulating a legal framework on the enforcement of settlement agreements, including a convention, model provisions or guidance texts. Currently, parties can request arbitral tribunals to record their settlement agreements as consent awards, ie an arbitral award on terms agreed upon by the […]

Every Third LCIA Case Involves a CIS-related Party

Every Third LCIA Case Involves a CIS-related Party

CIS Arbitration Forum continues its series of interviews with representatives of major international arbitration institutions involved in disputes related to Russia and the CIS region. The series proceeds with an interview with Jacomijn van Haersolte-van Hof, Director General of London Court of International Arbitration (LCIA). Dmitry Davydenko: Do you see any trends in the LCIA arbitration workload related to the CIS region? […]

Tribunal Requests Claimants to Disclose to Turkmenistan who is Paying for Their Lawsuit

Tribunal Requests Claimants to Disclose to Turkmenistan who is Paying for Their Lawsuit

Even though third party funding is increasingly common in international arbitration, the disclosure of funding arrangements is relatively rare and is required only in exceptional circumstances. Earlier this year in Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti v. Turkmenistan the ICSID tribunal issued an order to compel the parties to disclose third party funding arrangements. Brief […]

Switzerland Attracts CIS Parties by Not Applying EU or US Sanctions

Switzerland Attracts CIS Parties by Not Applying EU or US Sanctions

CIS Arbitration Forum continues its series of interviews with representatives of major international arbitration institutions working on disputes related to Russia and the CIS region. The idea is to provide updates from major arbitration institutions and their efforts to improve services rendered to arbitration users from the region. Today we publish an interview with Philipp Habegger, President of the […]

Consent to Treaty Arbitration Should be Specific, not General

Consent to Treaty Arbitration Should be Specific, not General

Recently investors vigorously but unsuccessfully tried to revive an arbitral award against the Kyrgyz Republic in the Russian courts. On 20 July 2015 the Arbitrazh Court of the Moscow Circuit rejected the cassation claim of companies Stans Energy Corp. and Kutisay Mining and upheld the ruling of the Arbitrazh Court of the first instance. The court upheld […]

CIS-Related Disputes in Stockholm On the Rise Because of the Economic Crisis

CIS-Related Disputes in Stockholm On the Rise Because of the Economic Crisis

CIS Arbitration Forum is starting a series of interviews with representatives of major international arbitration institutions working on disputes related to Russia and the CIS region. We hope the readers will appreciate updates from major arbitration institutions and their efforts to improve services rendered to arbitration users from the region. The series starts with an […]

The Yukos Arbitration Decision in a Nutshell

The Yukos Arbitration Decision in a Nutshell

Here is a short summary of the most important points of the Yukos arbitration award which former shareholders are now trying to enforce in Belgium, France and other European countries. Diana Bentley of Lexis Nexis interviewed Yaraslau Kryvoi. What was the dispute about? The tribunal, the Permanent Court for Arbitration, constituted under UNCITRAL Rules and based in […]

Yukos Award – Beginning of a New Enforcement Saga

Yukos Award – Beginning of a New Enforcement Saga

While the recent agreement between Yukos shareholders and Rosneft settles all litigation disputes between them, it does not solve the existing disputes between Yukos and Russia as a state, in particular the $50 billion arbitration award made by the PCA in The Hague in 2014. As Russia refuses to voluntarily comply with the award, Yukos […]

Review of Russian Court Decisions Related to Arbitration: January-May 2015

Review of Russian Court Decisions Related to Arbitration: January-May 2015

In January-May 2015 the Russian courts rendered several important decisions dealing with: the arbitrability of public procurement disputes; the effect of pre-existing links between an arbitral institution and a party to arbitration; partial annulment of arbitration awards; and anti-enforcement injunctions. Non-Arbitrability of Public Procurement Disputes Does Not Create Constitutional Issues Application of City Clinical Hospital No. […]

New Draft Law Aims to Bring Arbitration in Russia to Order

New Draft Law Aims to Bring Arbitration in Russia to Order

Since 2013 the Russian legislator is reforming arbitration laws of Russia. The reason for the reform was a the lack of consistency in Russian arbitration regulations, existence of so-called “pocket arbitration tribunals” and sham arbitration tribunals. The reform aims to facilitate the stability and transparency of the system. The first draft law on arbitration was introduced by Russian Ministry of […]

Arbitrations against Ukraine and its State Bodies in Post-Revolution Period

Arbitrations against Ukraine and its State Bodies in Post-Revolution Period

2014 was one of the most difficult years in the contemporary history of Ukraine in both political and economic terms. The country lived through the Revolution of Dignity in February, the annexation of Crimea in March, the ongoing military conflict in eastern Ukraine and deep financial and economic crisis. In order to counter these difficulties and to […]

The Problem of ‘Pocket Arbitration Courts’ in Russia: Finally Resolved?

The Problem of ‘Pocket Arbitration Courts’ in Russia: Finally Resolved?

The recent decision of the Russian Supreme Court in the case of Geotrest LLC v Gazprom Invest Vostok LLC and an earlier decision of the Constitutional Court indicate a significant change in the approach of Russian courts to the so-called “pocket arbitration courts”. These decisions contradict the previous practice and will most likely lead to significant […]

French Judgment Unenforceable Because of Lack of Legal Certainty

French Judgment Unenforceable Because of Lack of Legal Certainty

In January 2015 the Russian Supreme Court refused to enforce the Resolution of Paris Appellate Court No. RG 09/19535 dated 18 November 2010 on the collection of EUR 150,000 from the Government of Kaliningrad Region for the Republic of Lithuania. The case highlights the importance of a foreign judge giving reasons in a clear way in order for the decision to be […]

How far Should the Court go in Applying Public Policy? Lessons from Sweden
By 19 February, 2015 0 Comments Read More →

How far Should the Court go in Applying Public Policy? Lessons from Sweden

In January 2015 the Russian Supreme Court upheld the decisions of the lower courts which refused to enforce a SCC arbitration award due to public policy reasons. Prior to that the Swedish Svea Court of Appeal has reviewed the same case in the annulment proceedings and came to the opposite conclusion. The approaches of the Russian and […]

Is a New Russia-Ukraine “Gas War” Coming?
By 16 February, 2015 0 Comments Read More →

Is a New Russia-Ukraine “Gas War” Coming?

On 29 January 2015 Gazprom released a report on its activities and financial indicators for the nine months up to the end of last September.  In this report Gazprom described the procedural details of the  forthcoming “gas price” arbitration between Gazprom and Ukrainian Naftogaz, launched by the parties in summer 2014. This is not the first time […]

Details of Russian Arbitration Day 2015 Released

Details of Russian Arbitration Day 2015 Released

The preliminary programme of the Russian Arbitration Day — 2015 conference, aimed at the development of arbitration on post-Soviet territory, was published today. Experts will discuss the current trends and challenges in the field of international arbitration affecting the region. The list of speakers and reports is already on the conference website. This arbitration event will take place in […]

Approach of Russian Courts to International Forum Shopping

Approach of Russian Courts to International Forum Shopping

Unlike in the United Kingdom or the United States, international forum shopping is rarely at issue in Russian case law or legal doctrine. However, disputes related to forum shopping do arise in Russia: it happens that the same disputes fall within the jurisdiction of national courts of several states, e.g. the national court of the […]

Russian Courts Reject Overly Broad Interpretation of Investment Treaty Arbitration Clause

Russian Courts Reject Overly Broad Interpretation of Investment Treaty Arbitration Clause

Arbitral tribunals in Moscow interpreted surprisingly broadly the dispute resolution provision in an investment treaty, allowing the investors to apply at unlimited number of fora at their choice. However, the Minsk-based CIS Economic Court in its decision on 23 September clarified that such provision establishes only a potential possibility of investor-state dispute resolution by international arbitration provided that the […]

Overview of Essential Russian Cases Related to Arbitration: May–September 2014

Overview of Essential Russian Cases Related to Arbitration: May–September 2014

This overview looks at the most important cases decided by the Russian courts which relate to arbitration. 1. Public Procurement Disputes Not Arbitrable State Establishment Proizvodstenno-Tekhnicheskoe Ob’edinenie Kapitalnogo Remonta i Stroitelstva … v. LLC Arbatstroy (Case No. A40-148581/12, Presidium of the Supreme Commercial Court, Resolution No. 11535/13 dated 28 January 2014 (published in June 2014) The […]

Russia’s Mistral Deal under International Sanctions – will the Dispute be Arbitrable? 

Russia’s Mistral Deal under International Sanctions – will the Dispute be Arbitrable? 

Controversies have surrounded the purchase of French Mistral helicopter carriers by Russia since the very beginning. In 2010, after eight months of talks, Russian President Dmitry Medvedev approved the purchase of two ships of the Mistral class from France for €1.37 billion. The deal was concluded despite objections from some of France’s allies in NATO. […]

Notice of Arbitration to the Parent Company: Proper or Not?
By 3 September, 2014 0 Comments Read More →

Notice of Arbitration to the Parent Company: Proper or Not?

In a recent decision the Supreme Commercial Court of the Russian Federation found that a notice of arbitration proceedings to the parent company’s general counsel was proper in the context of the facts of the case. The decision has also raised discussions about other related issues: first, in which cases could such notice be improper and […]

Arbitrability of Disputes Under Public Procurement Contracts In Ukraine: Recent Court Practice

Arbitrability of Disputes Under Public Procurement Contracts In Ukraine: Recent Court Practice

Recent judgments of the Ukrainian courts have again attracted attention to the issue of arbitrability, which remains under debate both in theory and in practice in Ukraine. This time court practice deals with disputes arising out of the so-called “commercial contracts related to satisfaction of the state’s needs” (“Public Procurement Contracts”). The judgments discussed in […]

The Court of the Eurasian Economic Community is Tackling Challenges of the Eurasian Integration

The Court of the Eurasian Economic Community is Tackling Challenges of the Eurasian Integration

The Eurasian Economic Community (“EurAsEC”) was founded in 2000 by Belarus, Kazakhstan, Kyrgyzstan, Russia and Tajikistan. EurAsEC is an international organisation established to promote the process of the effective formation of the Customs Union and the Common Economic Space, as well as of other goals and objectives related to the deepening of integration in the […]

Yukos Winning Award: Will Russia Avoid Arbitral Enforcement Again?

Yukos Winning Award: Will Russia Avoid Arbitral Enforcement Again?

On 28 July 2014 a historic award in Yukos v. The Russian Federation rendered by the arbitral tribunal seated in The Hague finally became publicly available. The tribunal ordered Russia to pay more than 50 billion US$ for its expropriation of Yukos, making this award the biggest one in the history of international arbitration. Considering the circumstances, […]

Unreliable Warranty as a Basis for Invalidity of a Transaction
By 13 August, 2014 Read More →

Unreliable Warranty as a Basis for Invalidity of a Transaction

Foreign and Russian legal practitioners quite often note the absence of legal enforceability of “warranties” as a shortcoming of the Russian legal system. Meanwhile, the situation is changing as, on 10 July 2014, the Ninth Commercial Appellate Court confirmed the judgment of the Moscow Commercial Court acknowledging the legal force of “contractual warranties” and the duty of parties to […]

Russian Courts Approach Framework Agreement’s Arbitration Clause

Russian Courts Approach Framework Agreement’s Arbitration Clause

Recent Russian commercial court judgments illustrate a new trend in the interpretation of framework supply agreements (“FSA”). The newly developed approach is supposed to become more sensitive to good faith, party willingness and intentions and factual and legal discourse. In Taganrog Automobile Plant v Hyundai Motor Company (case № 15AP-8173/2014) the courts implemented the Russian Supreme Commercial […]

Non-Arbitrability of Disputes Arising Out of Government Contracts in Russia

Non-Arbitrability of Disputes Arising Out of Government Contracts in Russia

As we reported earlier the Supreme Commercial Court has ruled that arbitral tribunals cannot resolve disputes arising out of government contracts. The court quashed the decisions of lower courts granting enforcement of a domestic arbitration award in a dispute between a government agency and a company. The full text of the court’s resolution has been recently published. Over sixteen […]

Russian Arbitration Day 2014: Arbitration in Russia Undergoing Turbulence

Russian Arbitration Day 2014: Arbitration in Russia Undergoing Turbulence

The international conference Russian Arbitration Day took place on 29 May in Moscow.  The event focused on key issues concerning the development of international commercial arbitration on Post-Soviet territory. It was the second such conference held by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation. A number […]

Russian Court on Law Applicable to Arbitrability

Russian Court on Law Applicable to Arbitrability

This week a Russian cassation instance court suggested that foreign laws permitting certain disputes to be referred to arbitration should be respected. This should be the case even if under Russian law similar Russia-related disputes are not arbitrable. Apparently some restrictions on arbitrability have only limited effect. The case before the court concerned enforcement of an […]

Hague Convention Rules Mandatory for Service on Russian Parties

Hague Convention Rules Mandatory for Service on Russian Parties

Last Friday the Supreme Commercial Court released its full reasons for the decision in Nortel v UNI. The Court ruled that an English judgment may not be enforced in Russia, because the respondents had not participated in the English proceedings nor had they been served in accordance with the Hague Convention. The decision may result in delays in […]

Ukraine’s Supreme Court Confirms the Respondent’s Burden to Prove Lack of Notice

Ukraine’s Supreme Court Confirms the Respondent’s Burden to Prove Lack of Notice

In a recent decision the Supreme Court of Ukraine confirmed that the respondent may not prevent enforcement of an arbitral award simply by claiming that it had not received notice.online pharmacy https://www.arborvita.com/wp-content/themes/spacious/inc/new/ventolin.html no prescription drugstore The decision also confirms that the respondent may not circumvent the general allocation of burden of proof mandated by the […]

Award Enforcement in Russia: Forum Conveniens Rule

Award Enforcement in Russia: Forum Conveniens Rule

A significant number of foreign assets can be found in the territory of the Russian Federation. As such, the country may become a popular venue for the enforcement of arbitral awards against foreign entities. This post looks at Russian law and practice when it comes to enforcement of arbitral awards against parties that are not incorporated in […]

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 […]

Closer Scrutiny of Arbitral Awards Required If Fraud Is Alleged

Closer Scrutiny of Arbitral Awards Required If Fraud Is Alleged

Parties’ use of arbitration for improper purposes has been a topic of growing concern for the Russian business community, courts and state authorities. While an extensive overhaul of the Russian arbitration law to address these concerns is underway, courts employ available procedural mechanisms to combat abuse.online pharmacy https://kendrickfoundation.org/wp-content/uploads/2022/09/new/trazodone.html no prescription drugstore This week the Presidium of […]

Ambiguous Clause Successfully ‘Cured’

Ambiguous Clause Successfully ‘Cured’

Russian courts have traditionally been cautious in dealing with ambiguous and too general arbitration clauses. online pharmacy https://meadfamilydental.com/wp-content/themes/twentyseventeen/assets/css/css/zithromax.html no prescription Where parties agree that their disputes “shall be resolved by arbitration” without more the clause is unlikely to be enforced. However, Russia’s participation in the European Convention on International Commercial Arbitration (the “European Convention”) provides […]