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Design and build: Tackling energy construction disputes Design and build: Tackling energy construction disputes
In light of the inherent complexity of energy projects, construction disputes in the energy sector present a variety of challenges for stakeholders involved, which go beyond the consequences...
The Singapore Convention on Mediation: An Overview
The Singapore Convention on Mediation: An Overview
12 September 2020 marked the entry into force of the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore...
Book Review: Hiroshi Oda "Russian Arbitration Law and Practice"
Book Review: Hiroshi Oda "Russian Arbitration Law and Practice"

Books on Russian law written in English can occasionally be found on the shelves of foreign libraries. A 256-page work by Japanese professor of jurisprudence Hiroshi Oda entitled Russian Arbitration Law and Practice...

Efficiency in Construction Arbitration: Suggested Practical Tools
Efficiency in Construction Arbitration: Suggested Practical Tools

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...

Resolution of the Plenary Session of the Russian Supreme Court on Arbitration: 10 takeaways
Resolution of the Plenary Session of the Russian Supreme Court on Arbitration: 10 takeaways

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"...

UAE arbitration framework: general overview
UAE arbitration framework: general overview

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...

Kazakhstan: Arbitration Legislation and rules
Kazakhstan: Arbitration Legislation and rules

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...

Report from the Prague Rules Inaugural Conference
Report from the Prague Rules Inaugural Conference

The new set of rules for taking evidence in international arbitration was officially signed on 14 December 2018 in Prague after four years of drafting...

Arbitration.ru meets Annette Magnusson
Arbitration.ru meets Annette Magnusson

Arbitration.ru meets Annette Magnusson, the Secretary General of the SCC: “The fundamentals of arbitration will not change, but the tools will”...

 

HKIAC meets Arbitration.ru
HKIAC meets Arbitration.ru

Hong Kong International Arbitration Centre (HKIAC) was the international arbitration institution that applied for the permission from the Russian Government to...

Technical expert witness involvement in CIS and CEE oil and gas arbitrations
Technical expert witness involvement in CIS and CEE oil and gas arbitrations

It is hardly surprising that there are a significant number of arbitrations for oil-related matters, particularly in CIS countries. This stems from...

Arbitrating disputes arising out of smart contracts
Arbitrating disputes arising out of smart contracts
One of the most exciting aspects of distributed ledger technology (DLT) is the development of so-called ‘smart contracts’...
Corruption in state arbitration in the Republic of Peru: cases, lessons and possible solutions
Corruption in state arbitration in the Republic of Peru: cases, lessons and possible solutions

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...

Corruption and other crimes in International Arbitration: What should Arbitrators do?
Corruption and other crimes in International Arbitration: What should Arbitrators do?

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...

Corruption in investment arbitration: a move towards a more human approach to evidence?
Corruption in investment arbitration: a move towards a more human approach to evidence?

The article provides an analysis of four recent corruption cases regarding the standard of evidence when corruption is alleged...

Corruption in Contracts: Burden and Standard of Proof, and Consequences of Positive Findings
Corruption in Contracts: Burden and Standard of Proof, and Consequences of Positive Findings

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...

Check our Editorial Calendar for 2020
Check our Editorial Calendar for 2020
Check our theme plans of the issues for the period 2020 - January 2021
Enforcement of Arbitration Awards in England
Enforcement of Arbitration Awards in England

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 SCC Platform
The SCC Platform

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...

“I feel valued not only as a ‘fee earner’ but also as a human being”
“I feel valued not only as a ‘fee earner’ but also as a human being”

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...

“Opportunity is a combination of chance and choice”. Interview with Peter М. Wolrich, partner of Curtis, Mallet-Prevost, Colt & Mosle LLP, Paris
“Opportunity is a combination of chance and choice”. Interview with Peter М. Wolrich, partner of Curtis, Mallet-Prevost, Colt & Mosle LLP, Paris

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. 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...

Machine Arbitrators Change the Rules of the Game
Machine Arbitrators Change the Rules of the Game

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 New Commercial Court for Nur-Sultan
A New Commercial Court for Nur-Sultan

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.

EEDRF: Behind The Scenes or How to organize an annual international arbitration forum
EEDRF: Behind The Scenes or How to organize an annual international arbitration forum

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)...

Standards for Arbitration Institutions
Standards for Arbitration Institutions

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...

Arbitration in China
Arbitration in China

The article provides an analysis of legislation and rules which govern arbitration in China as well as gives an example of a case...

Where China meets France: some examples of the role of french courts in arbitration with a chinese element
Where China meets France: some examples of the role of french courts in arbitration with a chinese element

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...

Cross-border M&A Disputes, Part II
Cross-border M&A Disputes, Part II

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.

Investment protection and dispute resolution on the Belt and Road
Investment protection and dispute resolution on the Belt and Road
China’s Belt and Road Initiative (BRI) offers a clear investment target for international companies looking to capitalise on China’s economic growth and plans for outbound investment...
Why arbitration reform in Russia failed?
Why arbitration reform in Russia failed?

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.

  
Their life, their rules
Their life, their rules

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.

Cross-border M&A Disputes
Cross-border M&A Disputes

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 Mediation/Arbitration Hybrid Concept in Dispute Resolution (Med/Arb)
The Mediation/Arbitration Hybrid Concept in Dispute Resolution (Med/Arb)

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 involves, in essence, the same individual acting in the capacity of both mediator and arbitrator...

The claim of state immunity and state-owned companies
The claim of state immunity and state-owned companies

The article 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...

International Oil and Gas Industry Disputes
International Oil and Gas Industry Disputes

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...

Hong Kong as a global dispute resolution venue
Hong Kong as a global dispute resolution venue

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...

“I am confident that justice will prevail in the end and I will be vindicated – what saddens me is the professional jealousy and the unprofessional desire for control”
“I am confident that justice will prevail in the end and I will be vindicated – what saddens me is the professional jealousy and the unprofessional desire for control”

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 in the world of investor-state dispute settlement
France in the world of investor-state dispute settlement

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”)...

Sweden: arbitration legislation and rules
Sweden: arbitration legislation and rules

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. 

Role of an expert in international arbitration: A good storyteller?
Role of an expert in international arbitration: A good storyteller?

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. 

Interview with Gary Born
Interview with Gary Born

"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"...

SCAI and the Swiss rules
SCAI and the Swiss rules

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. 

 

Kazakhstan: legislation and rules
Kazakhstan: legislation and rules

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.

Investment disputes related to Crimea:  overview
Investment disputes related to Crimea: overview

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, a quite unique branch of investment arbitration jurisprudence has emerged...

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NEW ISSUE
Issue #26, March-April 2021 Арбитраж в авиакосмической отрасли // Arbitration of aerospace disputes
Арбитраж в авиакосмической отрасли // Arbitration of aerospace disputes
Issue #26, March-April 2021 Арбитраж в авиакосмической отрасли // Arbitration of aerospace disputes
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