Tag: Ukraine

By 19 August, 2021 0 Comments Read More →

Станьте участником главного события в сфере международного арбитража в Украине – VIII Международных арбитражных чтений чтений памяти академика И.Г. Побирченко, организованных МКАС при ТПП Украины. Мероприятие на тему: «Эволюция арбитража в изменчивом мире» состоится 7 октября 2021 года в гибридном формате (online+offline). Ключевые темы I сессии «Адаптироваться и победить: новые технологии и новации в арбитраже»: […]

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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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Russia – Measures Concerning Traffic in Transit (World Trade Organization) Report

Russia – Measures Concerning Traffic in Transit (World Trade Organization) Report

On 5 April 2019, the World Trade Organization published its Panel report on “Russia – Measures Concerning Traffic in Transit,”  which reviewed for the first time the national security exception contained in Article XXI of the General Agreement on Tariffs and Trade 1994 (GATT). In this case, Ukraine challenged the legality of Russian measures restricting […]

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Kiev Arbitration Days-2018 conference report
By 23 September, 2018 0 Comments Read More →

Kiev Arbitration Days-2018 conference report

On 14 September 2018, the 8th annual International Conference “Kyiv Arbitration Days: Think Big!” took place in Kyiv, Ukraine. Each year since the 2011, the event is held under the auspices of the Ukrainian Bar Association, and supported by the CIS Arbitration Forum as the information partner. As per established tradition, distinguished arbitration practitioners with […]

SCM Financial Overseas v. Raga Establishment: the Arbitration Fairness Test
By 26 June, 2018 0 Comments Read More →

SCM Financial Overseas v. Raga Establishment: the Arbitration Fairness Test

On 3 May 2018, the English High Court of Justice heard a challenge to the arbitral award rendered by an LCIA tribunal on 26 June 2017. The challenge was based on a serious irregularity in the principle of fair conduct of arbitral proceedings embodied in sections 68 and 33 of the English Arbitration Act 1996. More specifically, […]

KYIV ARBITRATION DAYS 2018: Think Big!
By 21 May, 2018 0 Comments Read More →

KYIV ARBITRATION DAYS 2018: Think Big!

The Ukrainian Bar Association (UBA) has the pleasure of inviting you to attend the annual International Conference “KYIV ARBITRATION DAYS 2018: Think Big!” and check out the refreshed event format! No matter the changes, the starry cast of speakers is our traditional foundation! This year our key presenters include Emmanuel Gaillard, Partner at Shearman Sterling […]

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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 […]

Foreign Investment in the Post-2014 Ukraine: Signs of Improvement?
By 22 November, 2017 0 Comments Read More →

Foreign Investment in the Post-2014 Ukraine: Signs of Improvement?

Foreign direct investment (“FDI“) inflow in Ukraine was drastically reduced after the Euromaidan, the annexation of Crimea and the military unrest in the East of Ukraine. This number fell from $4.5 billion in 2013 to $410 million in 2014. The Ukrainian government faced the difficult task of improving the investment climate in the country. How well has […]

New Book: The Law and Practice of International Arbitration in the CIS Region

New Book: The Law and Practice of International Arbitration in the CIS Region

CIS Arbitration Forum authors and other experts from the region teamed up to produce the first comprehensive overview of commercial arbitration in the Commonwealth of Independent States (CIS) region. The Law and Practice of International Arbitration in the CIS Region edited by Kaj Hober and Yarik Kryvoi provides a country-by-country analysis of regulation and practice […]

Kiev Arbitration Days to take place in November 2017
By 21 August, 2017 0 Comments Read More →

Kiev Arbitration Days to take place in November 2017

См. текст по-русски ниже. International Conference “KIEV ARBITRATION DAYS 2017: Think Big!” will take place on 3 November 2017 in Radisson Blu Hotel (22, Yaroslaviv Val str.), Kyiv, Ukraine. The conference is conducted under the auspices of the Ukrainian Bar Association. CIS Arbitration Forum is an information partner of the event. The KAD 2017 will bring together world-class dispute […]

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DIS Baltic Arbitration Days to Take Place in Riga on 1-2 June, 2017

DIS Baltic Arbitration Days to Take Place in Riga on 1-2 June, 2017

Riga will host 6th DIS Baltic Arbitration Days on 1–2 June, 2017. The conference concentrates on commercial arbitration involving states or state-owned entities. Focus countries: Iran, Russian Federation, Turkey, Ukraine. CIS Arbitration Forum is a media partner of the event. Ever since 2012, the Baltic Regional Group of German Institution of Arbitration together with Riga […]

Round-Up of Investment Arbitrations Against CIS States: Recent Developments

Round-Up of Investment Arbitrations Against CIS States: Recent Developments

In the December 2016 – March 2017 period, some major procedural developments occurred in several pending and concluded investment arbitrations against CIS states. In some of these pending disputes, arbitral tribunals have asserted jurisdiction over the investors’ claims, addressing noteworthy issues such as: provisional application of the Energy Charter Treaty, application of BITs to investments in Crimea and corruption […]

Paris court confirms state companies’ use of investment arbitration under Russia-Ukraine BIT (Ukraine v Tatneft)

Paris court confirms state companies’ use of investment arbitration under Russia-Ukraine BIT (Ukraine v Tatneft)

On 29 November 2016 the Paris Court of Appeal (the Court) decided to uphold the arbitration award in the long-lasting dispute between Russian oil firm PJSC Tatneft (the Tatneft) and Ukraine. In this case, Ukraine unsuccessfully tried to set aside the $112m investment treaty awards in favour of Tatneft. The main issue in the case was […]

Russian Investors Turning More Frequently to Investment Arbitration
By 22 November, 2016 0 Comments Read More →

Russian Investors Turning More Frequently to Investment Arbitration

In 2016 the Russian Federation has most commonly appeared on the host state’s end of investor-state disputes, facing numerous arbitration claims brought in relation to the events in Crimea. However, quite recently Russia has also become more involved as a home state, with Russian investors becoming more active in investor-state disputes. This post highlights the […]

Recent Investment Arbitration Disputes involving CIS States
By 17 October, 2016 0 Comments Read More →

Recent Investment Arbitration Disputes involving CIS States

The period of July–October 2016 has seen several developments in the field of Investor-State Dispute Settlement in the CIS region. The arbitral tribunals in these cases will further address issues such as: the succession of the former Soviet republics to USSR investment treaty obligations, the mandatory nature of local courts’ litigation provision in the Turkmenistan–Turkey […]

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 fights Ukraine over “Yanukovych debt”
By 9 September, 2016 0 Comments Read More →

Russia fights Ukraine over “Yanukovych debt”

The slowly developing Russia-Ukraine $3 billion sovereign debt dispute got a sudden new development when, at the end of July 2016, Russia requested the London High Court make an expedited ruling on the dispute. Following that, on 8 September 2016, the High Court scheduled the hearings for the dispute for 17-20 January 2017. The debt The history of this […]

Kiev Arbitration Days 2016: Think Big! (KAD-2016)

Kiev Arbitration Days 2016: Think Big! (KAD-2016)

  Kiev Arbitration Days 2016: Think Big! Ukrainian Bar Association is happy to announce the next Kiev Arbitration Days 2016: Think Big! (KAD-2016) which will take place on 3 November 2016 in Radisson Blu Hotel, Kiev, Ukraine. The conference is conducted under the auspices of the Ukrainian Bar Association. KAD-2016 will bring together world-class dispute resolution […]

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” […]

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 […]

Remington Worldwide Limited (UK) v. Ukraine

Remington Worldwide Limited (UK) v. Ukraine

The Gibraltar registered company Remington Worldwide Limited (“Remington”) filed a request for arbitration with the SCC on 22 September 2008. According to information communicated  by the Ministry of Justice of Ukraine, the company accused Ukraine of violating several provisions of Article 10 of the ECT, and, in particular, of failure to provide effective means for the assertion of claims and enforcement of […]

Western NIS Enterprise Fund v. Ukraine

Western NIS Enterprise Fund v. Ukraine

Parties agreed to settle the case and proceeding was discontinued at their request.online pharmacy https://www.arborvita.com/wp-content/themes/spacious/inc/new/amoxicillin.html no prescription drugstore Order taking note of the discontinuance was issued by the Tribunal on June 1, 2006 pursuant to Arbitration Rule 43(1). Western NIS Enterprise Fund v Ukraine, ICSID Arbitration (No. ARB:04:2), Order dated 16 March 2006

Arbitrability of Sanctions – Presentation at Kuala Lumpur International Arbitration Week 2015

Arbitrability of Sanctions – Presentation at Kuala Lumpur International Arbitration Week 2015

Yaraslau Kryvoi speaks about arbitrability of sanctions, touching upon the effect of the Belarus, Ukraine and Russian sanctions regimes on arbitration at a conference organised by Kuala Lumpur Regional Arbitration Centre in May 2015.

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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 […]

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 […]

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 […]

Kiev Arbitration Days 2014: Think Big!

Kiev Arbitration Days 2014: Think Big!

Kiev Arbitration Days 2014: Think Big! (KAD 2014) will take place on 6-7 November 2014 in Radisson Blu Hotel, Kiev, Ukraine. The conference is conducted under the auspices of the Ukrainian Bar Association. CIS Arbitration Forum is an media partner of the event. The KAD 2014 will bring together world-class dispute resolution practitioners and prominent arbitration experts to discuss problems […]

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 […]