This 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.
This 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.
Within Latin America, Peru is one of the most active jurisdictions both in the number of arbitrations and the number of arbitration-related events. This time, the Peruvian Institute of Arbitration (Instituto Peruano Arbitraje (IPA)),an academic organization dedicated to the dissemination of arbitration in Peru and abroad, organized what seems to be a unique international event.
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.
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.
Long time no news about Belarusian arbitration? A review by Alexandre Khrapoutski (SBH Partners, Partner, Minsk) is designed to fill this gap.
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.