While many dispute resolution practitioners from civil law jurisdictions are no strangers to contractual adjudication of construction disputes, very few have dealt with a statutory construction adjudication in their practice. In this short note we will overview some salient features of statutory adjudication and hopefully shed some light on the subject.
Russian civil legislation contains provisions that allow amending a contract at a request of one of the parties in case of a significant change of circumstances. It is foreseeable that businesses affected by the restrictions due to COVID-19 pandemic will seek this judicial remedy. They could learn from a recent case much discussed in Russian legal media, where the courts amended an ICC arbitration clause.
Efficiency has long been one of the main concerns of users of arbitration generally, with the cost consistently rating as the arbitration's worst feature. This is especially so in respect of construction disputes. Nevertheless, arbitration remains a strong preference among users in construction disputes.
Covid-19 and the worldwide restrictions imposed as a result are inevitably having an impact on whether court deadlines can be met. What if you need to make an application for an extension of time as a result? What are the principles that the Court will apply?
The English Court ruled that it has power to order testimony from a person who was not a party to a New York seated arbitration in the recent case of A and B v C, D and E  EWCA Civ 409.
On 10 December 2019 the Plenary Session of the Russian Supreme Court passed Resolution No. 53 "On the carrying out of functions by courts of the Russian Federation regarding the assistance and monitoring of arbitration proceedings and international commercial arbitration" (hereinafter, the "Plenary Session Resolution"). In view of the fact that the Supreme Court sometimes takes an inconsistent position on arbitration, the Plenary Session Resolution turned out to be much better than expected. However, despite all the friendliness of the Plenary Session Resolution toward arbitration, it is unlikely to improve the situation with arbitration in Russia, since the main obstacle to it development is the administrative barrier in the form of the requirement to obtain a permit from the Russian Ministry of Justice, which no Russian arbitral institution has been able to overcome within a purely legal framework. As a result of the reforms, the arbitration market shrank nearly tenfold.
This article will analyze a series of events, scandals, cases and initiatives that took place in the Republic of Peru as of 2019 to date, which are related to allegations of corruption brought against several Peruvian arbitrators by the company Odebrecht.
An overview on “Toolkit for Arbitrators” regarding issues of corruption and money laundering by Mark Pieth, Professor of Criminal Law and Criminology at the University of Basel.
The article provides an analysis of four recent corruption cases regarding the standard of evidence when corruption is alleged.
Issues of corruption in contracts may arise in arbitration proceedings, as well as in court proceedings before, during or after an arbitration. This article focuses on the situations where corruption is raised as an issue in arbitration proceedings.
On 12 September 2019, Mr Justice Phillips, sitting in the High Court in London, issued a judgment in terms of the LCIA Arbitration award obtained by United Petroleum Trading (UK) LLP (“UPT”) against Dragon Oil (Turkmenistan) Ltd (“Dragon”), the largest crude oil producer in Turkmenistan.
The Arbitration Institute of the Stockholm Chamber of Commerce launches the SCC Platform – a digital case management system for all cases administered by the SCC.
This Autumn, Tatiana Minaeva, formerly counsel in Jones Day and an international arbitration lawyer, became partner of RPC in London. Tatiana currently represents investors in investor-state arbitrations against governments of the CIS countries, and the Central Asian state in the arbitration under the ICSID Additional Facility Rules. She was a co-panelist with international arbitrator Peter M. Wolrich (see interview with him) at the ABA/RAA Conference in Moscow this September. We talk with Tatiana about her move to an English law firm from a U.S. company.
Peter M. Wolrich is one of the leading arbitration lawyers in the world. Born in the U.S., he represented numerous European and Asian countries in complex and lengthy investor-states arbitration proceedings. Peter works in Paris, but occasionally visits Russia as well and took part in American Bar Association conference held in Moscow this September. We talk with Peter about his legal career, the Central Asia, complex cases and his philosophy that has driven him through over 40 years of his work in arbitration.
The world we are living in becomes more and more sophisticated every day. One of the reasons for that is the development of technology. 20 years ago, it was impossible to believe a person would one day be able to fly without plane or parachute, yet this day came on 14 July 2019 when the French inventor Franky Zapata flew above the crowd on his Flyboard in Paris at the military parade on the National Day.
A speech by The Right Honorable The Lord Woolf Order of the Companions Honour at M. Narikbayev KazGUU University on 17 September 2019 in Nur-Sultan, Kazakhstan.
The United Arab Emirates (UAE) today is one of the largest economies in the Middle East. The country has earned its economic success not only through the export of oil or providing foreign investors with a favorable tax regime, but also by developing a modern legal framework. This includes the creation of special jurisdictions to deal with the ever expanding global commercial needs and, more recently, a modern arbitration framework through the enactment of Federal Law № 6/2018 on arbitration (the Arbitration Law).
The article provides an overlook of the arbitration legislation in Kazakhstan after the reform of the judicial system held in April 2016. The description of the institutions, rules and infrastructure is given, supported with the case practice.
On September 18-21, the Eastern European Dispute Resolution Forum (EEDRF) was held in Minsk. The inspirer and co-chair of the organizing committee is Alexandre Khrapoutski, partner at Lex Torre Law Office (Belarus), Vice Chairman of the RAA board, member of the UAA board, member of the Chartered Institute of Arbitrators (MCIArb, London). He will describe what was happening behind the scenes of the EEDRF.
The article is based on the Keynote address by Alexis Mourre, President of the International Court of Arbitration, International Chamber of Commerce (ICC), at GAR Live Istanbul 20 June 2019. He adresses the legitimacy of arbitral institutions, the market in which they operate, and the role they need to fulfil to ensure the integrity of arbitration as a global system of justice.
The article provides an analysis of legislation and rules which govern arbitration in China as well as gives an example of a case.
The expanding Chinese economy and emerging cross-border opportunities make of the Chinese parties frequent users of international arbitration. The arbitrations with a Chinese element are not unfamiliar to French courts. While the parties’ nationality is not a source of differentiation before French courts, it might give rise to specific concerns at various stages of the courts’ intervention.
The second part of the article (continued from previous issue of Arbitration.ru, August 2019) covers disputes over representations, warranties, indemnities, governing law and other aspects of M&A deals. The first part of the article was dedicated to disputes related to timing and pricing of company transferring.
The principal goal of the Russian arbitration reform was the establishment of a "normal, world-class system of arbitration", what should be understood as referring to such centers of international arbitration as England, France, Switzerland, the USA, Germany, Sweden, Singapore and Hong Kong (the countries of the "First Group"). Unfortunately, the measures introduced in Russia as a result of the arbitration reform were borrowed from the practice existing not in countries of the First Group, but in those of the Second one-Costa Rica, Ecuador, Nicaragua, Panama, Peru, Angola, Mozambique, Zambia, Uganda, Bahrain, Ukraine, Latvia and Uzbekistan.
Russian State Duma (the lower chamber of the Parliament) has accepted in the first reading the law according to which Russian entities under sanctions can unilaterally change the arbitration agreement with foreign parties.
Doran Doeh has pursued a successful legal career of over 40 years in the UK and Russia and was Senior Counsel in Dentons’ Moscow office before returning back to London. He was named “Eminent practitioner in Energy and Natural Resources in Russia” by Chambers Global and Europe 2018. The editorial publishes his submission for Arbitration.ru in two parts due to complexity of the matter. The second part of the article covering disputes over representations, warranties, indemnities, governing law and other aspects of M&A deals will be published in the next issue of Arbitration.ru.
As formal dispute resolution (i.e. arbitration) is beginning to mirror litigation in both time and expense, lawyers practicing in the international marketplace should examine other ADR options to better serve parties in a dispute. One alternative (often described as mediation/arbitration) involves, in essence, the same individual acting in the capacity of both mediator and arbitrator.
The article covers the subject of state immunity in relation to state-owned companies in the light of the recent English case law. The article addresses the issues connected with the hybrid status of such companies and its implications. It also focuses on the reasoning behind a number of landmark court decisions in this area, including Taurus Petroleum Limited v. State Oil Marketing Company of the Ministry of Oil, Republic of Iraq and La Générale des Carrières et des Mines v F.G. Hemisphere Associates LLC and attempts to define the key factors which influence judicial decisions.
Editor’s note: Hereby we publish the second part of the article by Doran Doeh, an internationally renown arbitrator who has pursued a successful legal career of over 40 years in the UK and Russia and was Senior Counsel in Dentons’ Moscow office. The first part of the article published in the May issue covered i.a. border disputes between States over continental shelf, PSAs (Production Share Agreements) and Investor-State Dispute Settlement mechanisms.
The adoption of the UNCITRAL Model law in 1985 and continuous recognition by Asian governments of the nature and potential benefits of arbitration as a method for resolving private disputes galvanized the development of arbitration in Asia.
On April 28th 2019, an international arbitrator and construction expert Professor Sundra Rajoo, wrote a responsive letter to the Russian Arbitration Association explaining his version of the events that led to his resignation from the Director’s position of the Asian International Arbitration Centre (AIAC) in Kuala-Lumpur.
France has always played an important role in promoting the global development of international investments. Since the middle of the twentieth century, France has expanded its regional investment outreach to all of the world’s continents. Currently, France is a party to 115 Bilateral Investment Treaties (“BITs”) with 94 of them in force and 56 Treaties with Investment Provisions (“TIPs”).
On 21 November 2018, the Swedish legislature passed a revised Swedish Arbitration Act ("SAA"). The proposed amendments are intended to make the arbitration process more efficient and moreeasily accessible, especially for foreign practitioners, ensuring that Sweden continues to be an attractive venue for international dispute resolution. The revised SAA is set to enter into force on 1 March 2019.
In the normal course of arbitral proceedings, the experts’ role is often described as expressing an opinion about a specific matter of high technicality within their sphere of competence. Put another way, their role is to assist the Tribunal on specific and often complex matters that are not easily understandable by individuals outside that sphere of technicality.
"I think that it is necessary to carefully consider whether the reform afforded in this case does not substitute a worse regime for the disease that it attempts to cure".
Arbitration in Switzerland 101: the country to host the first formal inter-state dispute on claims for damages following the American Civil War, litigation of Yukos vs Russia, and home of SCAI – Swiss Chambers’ Arbitration Institution and CAS – Court of Arbitration for Sport.
In April 2016, as a result of the reform of the judicial system, the Law On Arbitration (the “New Arbitration Law”) was adopted. This law is based on the UNCITRAL Model Law. It governs both international and domestic arbitration proceedings.
The battlefield of the Russia-Ukraine conflict, which erupted in 2014, has long since expanded to various international tribunals. In addition to a number of interstate proceedings (before the International Court of Justice, the European Court of Human Rights, the International Tribunal for the Law of the Sea and the World Trade Organization Dispute Settlement Body), a quite unique branch of investment arbitration jurisprudence has emerged.