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 […]
On 2 August 2013, the Court of Arbitration for Sport (CAS) published a press-release about the decision made in a complex and highly controversial case on match-fixing, involving ten individuals and two football clubs from Ukraine – FC Metalist Kharkiv (“FC Metalist”) and FC Karpaty Lviv (“FC Karpaty”). The Tribunal sanctioned the Sports Director of FC Metalist and six football players for being directly […]
The Kiev Arbitration Days 2013: Think Big! will take place on November 14-15, 2013 in the Radisson Blu Hotel. The conference is conducted under the auspices of the Ukrainian Bar Association. CIS Arbitration Forum is a media partner of the conference. The event will bring together world-class dispute resolution practitioners and prominent arbitration experts to discuss […]
On 5-9 August the Ukrainian Arbitration Association (the “UAA”) ran an intensive five-day arbitration programme of the First Summer School in International Arbitration organised jointly with the National University of Kyiv Mohyla Academy’s Faculty of Law (“UKMA”). The event has been part of the educational activities of the UAA, which was launched a year ago […]
In an earlier post CIS Arbitration Forum reported that Ukraine was ordered to pay in the region of EUR 3 million to German investors in Inmaris Perestroika Sailing Maritime Services GmbH and others v Ukraine. At that time the final award dated 1 March 2012 had not been published yet.online pharmacy https://kendrickfoundation.org/wp-content/uploads/2022/09/new/amoxil.html no prescription drugstore However, recently the […]
Inmaris Perestroika Sailing Maritime Services GmbH and Others v. Ukraine, ICSID Arbitration (No. ARB:08:8), Award dated 1 March 2012
Tokios Tokeles v Ukraine, ICSID Arbitration (No. ARB:02:18), 29 June 2004
AMTO LLC v Ukraine, SCC Arbitration (No. 08:2005), Award dated 26 March 2008
Bosh International, Inc and B&P Ltd. Foreign Investment Enterprise v Ukraine, ICSID Arbitration (No. ARB:08:11), Award dated 22 October 2010
Italia Ukraina Gas S.p.a v National Joint-Stock Company “Naftogaz of Ukraine”, SCC Arbitration No. V (007:2008), Award dated 19 October 2009
GEAGroup Aktiengesellschaft v Ukraine, ICSID Arbitration (No. ARB:08:16), Award dated 28 March 2011
Generation Ukraine, INC. v Ukraine, ICSID Arbitration (No. ARB:00:9), Award dated 15 September 2003
Lemire v Ukraine (Jurisdiction) Lemire v Ukraine (first case) Lemire v Ukraine (Award)
In the past decade Ukraine has been one of the busiest respondents in the CIS region. However, the arbitration statistics of 2012 shows a change in this trend. On 30 January 2013 the Minister of Ecology and Natural Resources of Ukraine confirmed that the settlement agreement between Vanco Prykerchenska Ltd and Ukraine had been approved by the Stockholm […]
In September 2012, a group of Ukrainian and foreign experts in international arbitration founded the Ukrainian Arbitration Association (the “UAA” or the “Association”) to unite lawyers, irrespective of their nationality or place of residence, who are professionally engaged or interested in international arbitration. This is an important step in the development of international arbitration in Ukraine. […]
On 25 October 2012 an ICSID Tribunal unanimously dismissed all claims submitted by a US company Bosh International and its subsidiary (“Bosh”) against Ukraine. The claims arose out of the termination of a joint activities agreement (“JVA”) between a subsidiary of the claimant and Taras Shevchenko National University (the “University”) with respect to a conference […]
On 3 August 2012 the Court of Appeal of the Odessa Region upheld its lower court’s ruling granting requests for the enforcement of twelve FOSFA arbitral awards in Ukraine. Six of these awards had previously been set aside in the UK. The Ukrainian court did not give any effect to the respective English court judgments, stating that the […]
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 […]
Remington Worldwide Limited v Ukraine is interesting not only as the first arbitration under the Energy Charter Treaty (the “ECT”) conducted in Russian. It also reasserts the importance of a fundamental aspect of the rule of law – the principle of legal certainty. The case demonstrates how far-reaching the effects of the application of the exceptions from […]
On 1 June 2012 the Ukrainian general court of first instance granted the request of JSC BTA Bank for the recognition of the Freezing Order of the English Court issued in the BTA Bank v Ablyazov and others proceedings (the “Order” and the “BTA Bank case” respectively). The ruling of the Ukrainian court in the BTA Bank case is […]
On 21 June 2012, the Association for International Arbitration (AIA) together with the Brussels Institute for Contemporary China Studies (BICCS) organised a conference on “Arbitration in CIS countries: current issues”. It was held at the Karel Van Miert Building of the Vrije Universiteit Brussel. The media partners of the conference included the CIS Arbitration Forum […]
The Association for International Arbitration, the CIS Arbitration Forum and a number of co-sponsors are hosting an arbitration conference in Brussels on 21 June 2012. Speakers from various CIS jurisdictions will discuss a range of issues related to arbitration in the region. The topics include the policy of CIS countries towards arbitration, bribery, Russia-related arbitration […]
The Ministry of Justice of Ukraine has reported that on 1 March 2012 an ICSID tribunal ordered Ukraine to pay in the region of EUR 3 million in damages to German investors. This is the third ICSID case against Ukraine that has resulted in monetary compensation to foreign investors. In the first case – Alpha Projektholding […]
For Ukrainian arbitration practitioners the first 10 days of February 2012 was rich in arbitration events, dedicated as they were to different issues of investment, commercial and sports arbitration. Several factors explain such a broad range of topics. Among these are: UEFA Euro 2012, which is to be co-hosted by Ukraine and Poland this summer; […]
Recently the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (the “ICAC”) published new rules of assistance relating to assistance available from it under the UNCITRAL Arbitration Rules. The Presidium of the Ukrainian Chamber of Commerce and Industry approved the document on 27 October 2011 (the “2011 Rules of Assistance” or “2011 Rules”). The […]
In its recently published judgment the High Specialised Court of Ukraine on Civil and Criminal Cases (the “High Specialised Court”) reviewed the issue of the arbitrability of corporate disputes, as well as the arbitrability of claims that concern the establishment of the facts of a case. However, the findings of the third instance court raise more questions […]
The Ukrainian Parliament adopted long-expected amendments to the Civil Procedure Code of Ukraine regarding interim measures in foreign judgment and arbitral award enforcement proceedings. The new rules became binding on 19 October, 2011. The new rules allow foreign creditors to apply for interim measures while recognition and enforcement proceedings are still pending. Thus they can ensure, […]
In a recently published award in GEA Group Aktiengesellschaft v. Ukraine, an ICSID Tribunal found that an arbitral award for the recovery of money (due under an agreement treated as an investment) does not in itself constitute an investment (para 162). The Tribunal further held that if failure to enforce an award may constitute expropriation, […]
Confidentiality is one of the main advantages of arbitration recognized in Kazakhstan and other jurisdictions. In practice, however, a number of problems related to confidentiality remain unresolved. The controversial issues include disclosure of information related to cases of particular importance to the society at large, observance of confidentiality at the stage of enforcement of arbitral […]
On 3 February 2010 a new bill related to arbitration was introduced to the Ukrainian parliament – Verkhovna Rada. The proposed amendments change Article 6 of the Law on Arbitration Courts which governs competence of arbitration tribunals. It purports to exclude consumer disputes from jurisdiction of arbitration tribunals, thus making such disputes non-arbitrable in Ukraine. […]
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