by the Arbitration Association
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Why arbitration reform in Russia failed?
September 26, 2019

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.

  
Why arbitration reform in Russia failed?
Cross-border M&A Disputes
September 26, 2019

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.

Cross-border M&A Disputes
The Mediation/Arbitration Hybrid Concept in Dispute Resolution (Med/Arb)
July 30, 2019

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 Mediation/Arbitration Hybrid Concept in Dispute Resolution (Med/Arb)
The claim of state immunity and state-owned companies
July 30, 2019

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.

The claim of state immunity and state-owned companies
International Oil and Gas Industry Disputes
July 30, 2019

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.

International Oil and Gas Industry Disputes
Arbitration in Malaysia
June 24, 2019

The importance of the history and origin of arbitration cannot be overstated. Pearl S Buck has stated that “[i]f you want to understand today, you have to search yesterday”. An examination of the background presents a platform for understanding the prevalence of certain practices in present-day Malaysia as compared to the position globally. 

Arbitration in Malaysia
New tools of English courts against international white-collar crime
June 20, 2019

The English courts have a powerful arsenal of tools available to assist victims of international fraud, whether domestic or foreign. This article examines the recent practice of the English courts, which shows a continued willingness to provide vital assistance in investigating fraud claims and concealed assets, even when the connection to the UK may be limited. 

New tools of English courts against international white-collar crime
Malaysian arbitration legislation and court cases
June 20, 2019

Arbitration law in Malaysia is governed by the Arbitration Act 2005 (also the "AA"). This came into force on 15 March 2006, and repealed the outdated Arbitration Act 1952. In a significant departure from its original framework, the AA is modeled on the UNCITRAL Model Law.


Malaysian arbitration legislation and court cases
Russia as a place for arbitration. Survey by ICC Russia
June 20, 2019

In 2011 – 2012 the Russian National Committee of the ICC (hereinafter, the “ICC Russia”) conducted a survey called “Russia as a Place for Arbitration”. During the time that passed since this study, many events have occurred, including the imposition of sanctions by a number of Western countries against certain individuals and companies from Russia. In addition, in 2016–2017, an arbitration reform was carried out, and one of its goals was to strengthen Russia’s position as a possible place for international arbitration.

Russia as a place for arbitration. Survey by ICC Russia
RAA media presence in 2013-2019
June 20, 2019

As part of our collaboration with Interfax Europe Corporate Risk and Due Diligence Division, we would like to present you essential results of media monitoring conducted using the Interfax Scan system1. The monitoring included more than 20 RAA-related keywords and expressions both in Russian and English and covered media space in Russia and abroad. The timeframe spans from the RAA foundation year 2013 until the present day.

RAA media presence in 2013-2019
Hong Kong as a global dispute resolution venue
June 18, 2019

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.

Hong Kong as a global dispute resolution venue
The Sapin 2 law: France’s new vessel in the treacherous waters of enforcement immunity
April 4, 2019

The French law No. 2016-1691 on transparency, anti-corruption and the modernisation of the economic life (hereafter “the Sapin 2 law”) was primarily aimed at reforming French anti-corruption laws. Some important alterations relating to measures of constraint available over State assets were included in the raft of reforms. This article looks at State immunity, measures of constraint under the old regime, and the changes brought under the Sapin 2 law.

The Sapin 2 law: France’s new vessel in the treacherous waters of enforcement immunity
France in the world of investor-state dispute settlement
April 4, 2019

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”).

France in the world of investor-state dispute settlement
The Finland arbitration institute statistics for 2018
March 13, 2019

Annual caseload reached a good level: 

In 2018, 62 new cases were filed with the FAI, a figure close to the average level seen in the last decade, with record highs in 2013 (80 cases) and 2017 (79 cases). 

The Finland arbitration institute statistics for 2018
The arbitration institute if the Stockholm chamber of commerce (SCC)
March 12, 2019

The Arbitration Institute of the Stockholm Chamber of Commerce (SCC) is one of the world’s leading institutions for dispute resolution. From 2012 to 2016 the SCC administered 465 domestic and 478 international disputes. 


The arbitration institute if the Stockholm chamber of commerce (SCC)
Sweden: arbitration legislation and rules
March 12, 2019

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. 

Sweden: arbitration legislation and rules
Dissenting opinions and why they should be tolerated
March 12, 2019

Many years ago I heard a remarkable story from a seasoned arbitrator; this was from a time when he acted as counsel for a claimant party in a major arbitration at a seat which was not his home seat. At the end of the arbitration – when sitting in his hotel room in the evening – there was a knock at the door and it appeared that one of the arbitrators wanted to raise an issue with him. 

Dissenting opinions and why they should be tolerated
Unexplained Wealth Orders: Russian-speaking litigants in the UK can find their assets frozen without notice
March 12, 2019

England ranked third in the prevailing number of arbitral awards brought for R&E in Russia in the period 2008 to 2017, shows the RAA Study on the application of the New York Convention. With large amounts of wealth from CIS countries accumulated in the UK, potential litigants can face a situation when they will be deprived of their funds on demand of national authorities.

Unexplained Wealth Orders: Russian-speaking litigants in the UK can find their assets frozen without notice
Russia is now finally closed for arbitration administered by foreign institutions
March 12, 2019

The New Year 2019 came to Russian arbitration community with a new set of amendments to Russian arbitration law. The changes concerned corporate disputes, ad hoc arbitration, and procedure for obtaining licenses by institutions.

Russia is now finally closed for arbitration administered by foreign institutions
ICC Central and Eastern European Institutional Arbitration Group. Report of the Activities in Bulgaria, Croatia, Estonia, Finland, Kazakhstan, Macedonia, Moldova, Romania, Russia and Ukraine in 2017-2018
February 14, 2019

On 24 October 2018 a regular annual meeting of the ICC Central and Eastern European Institutional Arbitration Group was held in Paris (France).

ICC Central and Eastern European Institutional Arbitration Group. Report of the Activities in Bulgaria, Croatia, Estonia, Finland, Kazakhstan, Macedonia, Moldova, Romania, Russia and Ukraine in 2017-2018
Arbitration in Austria: Legislation and Rules
February 14, 2019

Among the cases decided during last years, two decisions of the Austrian Supreme Court (the “OGH”) are of particular practical relevance. First, it ruled that an award cannot be set aside if it is clear from the reasoning of the award that the violation of the right to be heard or the procedural ordre public was irrelevant to the outcome of the decision (B.1 below). 

Arbitration in Austria: Legislation and Rules
UNCITRAL and ISDS reform: Has the system of investor-state arbitration gone wrong and is there a way to fix it?
February 13, 2019

At its 50thsession (3-21 July 2017), UNCITRAL granted its Working Group III (WG III) a mandate to: (i) identify and consider concerns regarding ISDS (Investor state dispute settlement); (ii) consider whether reform was desirable in light of any identified concerns; and (iii) if the Working Group were to conclude that reform was desirable, develop any relevant solutions to be recommended to the Commission. 

UNCITRAL and ISDS reform: Has the system of investor-state arbitration gone wrong and is there a way to fix it?
Role of an expert in international arbitration: A good storyteller?
February 7, 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. 

Role of an expert in international arbitration: A good storyteller?
Digital Evidence in International Commercial Arbitration: High Time or High Hopes?
February 7, 2019

The approach of the arbitral institutions to digital evidence is of special interest because of the general focus of Belarus on the involvement of high technologies in different economic spheres and the current development of Belarus as an IT-country.

Digital Evidence in International Commercial Arbitration: High Time or High Hopes?
Arbitration in the Czech Republic
February 7, 2019

The Czech Republic is no stranger to arbitral proceedings. That said, until the beginning of 1995, only international trade disputes could be brought before an arbitral tribunal. This changed on 1 January 1995 when the Czech Act No. 216/1994 came into force, replacing the previous Act No. 98/1963. After the entry into force of this law, arbitral proceedings slowly gained popularity and in recent years, arbitral proceedings have become a popular method of resolving civil disputes.

Arbitration in the Czech Republic
The Prague Rules - spirit and scope of application
February 7, 2019

In recent years the draft Prague Rules on the Efficient Conduct of Proceedings in International Arbitration ("Prague Rules", see http://praguerules.com/prague_rules/) has been hotly debated in various places across the world (see http://praguerules.com/events/). Whilst the number of supporters is growing, it is impossible to ignore also the criticism of this initiative coming from our colleagues http://praguerules.com/publications/. For instance, some opponents of the Prague Rules even call them a "little monster", regressive and dangerous.

The Prague Rules - spirit and scope of application
Why the Prague Rules may be needed?
February 7, 2019

The so-called Prague Rules were published in draft form very early on. Since then, there have been a number of revisions with updated drafts being published. This was perhaps one of the reasons why they attracted so much attention (primarily in the form of criticism) from the arbitration community.

Why the Prague Rules may be needed?
Introducing the young contender - The Prague Rules
February 7, 2019

The importance of international arbitration in resolving international commercial disputes is evidenced by its wide use and popularity. The cornerstone of success for international commercial arbitration is the consensual nature of such proceedings. 

Introducing the young contender - The Prague Rules
Check Republic. Arbitration legislation and cases
February 7, 2019
International arbitration in the Czech Republic continues to be governed by Act No. 216/1994 Coll., on Arbitration Proceedings and Enforcement of Arbitration Awards, as amended (the “Arbitration Act”).
Check Republic. Arbitration legislation and cases
The new Arbitration Association study on application of the New York Convention in Russia during 2008-2017
February 6, 2019

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York) celebrates its 60th anniversary in 2018 (“Convention”). Since its inception, 159 Contracting States have joined the Convention. The USSR ratified the Convention on 22 November 1960. The Russian Federation, as a successor of the USSR, continues to be a Contracting State.

The new Arbitration Association study on application of the New York Convention in Russia during 2008-2017
Illegality and public policy as considered in RBRG trading (UK) Limited v Sinocore International Co. LTD. [2018] EWCA CIV 838
February 6, 2019

The English Court of Appeal has recently considered the scope of the public policy exception to the enforcement of foreign arbitral awards in RBRG v Sinocore.  Its decision provides a timely reminder of the English courts’ non-interventionist approach and the deference they will give to findings made by foreign tribunals.

Illegality and public policy as considered in RBRG trading (UK) Limited v Sinocore International Co. LTD. [2018] EWCA CIV 838
HKIAC—New Rules
February 6, 2019

On November 1, 2018, the Hong Kong International Arbitration Centre (HKIAC) is launching its new Arbitration Rules (the Rules). The Rules were approved by the HKIAC Rules Revision Committee which was chaired by Nils Eliasson. The following amendments to the Rules are worth special attention. 

HKIAC—New Rules
Hong Kong: legislation and rules
February 6, 2019

Arbitrability of disputes relating to intellectual property rights (“IPRs”). Can disputes relating to IPRs be finally resolved by arbitration? This question is often encountered because IPRs are meant to be enforceable against the world at large, whereas arbitral awards only operate to bind the parties to the arbitration. In many jurisdictions, therefore, disputes concerning the validity of IPRs for example, are deemed non-arbitrable (ie, not susceptible to being finally resolved by arbitration). 

Hong Kong: legislation and rules
Obtaining of permission by foreign arbitral institutions
February 5, 2019

In accordance with new law enacted during arbitration reform, foreign arbitral institutions shall obtain special permission of the Russian government in order to administer arbitration in Russia.

Obtaining of permission by foreign arbitral institutions
Switzerland: arbitration legislation and cases
February 1, 2019

The Swiss government is proposing a “light” revision of Swiss international arbitration law as contained in Chapter 12 of the Swiss Private International Law Act. The Swiss Arbitration Association (ASA), after liaising with Swiss arbitration practitioners, participated in the official consultation process and submitted its comments in May 2017. 

Switzerland: arbitration legislation and cases
Dispute resolution under tax treaties: the emergence of arbitration
February 1, 2019

Taxpayers faced with taxation of their income by more than one country, or with other cross-border tax controversies, can either pursue domestic remedies before the national courts or resort to the so‑called Mutual Agreement Procedure (MAP) under the applicable tax treaty.

Dispute resolution under tax treaties:  the emergence of arbitration
Yukos arbitration saga: the Swiss part
February 1, 2019

In a Yukos-related case, the Swiss Supreme Court held that an interim award on jurisdiction may not be sought to be set aside if the arbitral tribunal has not taken a final decision on its jurisdiction but only addressed some of the jurisdictional objections in the interim award, leaving the other objections to be decided in the final award together with the merits of the case. 

Yukos arbitration saga: the Swiss part
The Prague Rules - an alternative way of conducting international arbitration?
January 30, 2019

It became a common place in arbitration world that clients are not happy about the way arbitration procedure evolved over the past few decades. From a flexible and commercially-oriented process it turned into the lawyers-driven and overly judicialized one, with many written and unwritten rules of the game. Arbitration suffers from lawyers always trying to play safe and use any opportunity (no matter how unrealistic) to improve their clients’ case. 

The Prague Rules - an alternative way of conducting international  arbitration?
Naftogaz v Gazprom: the legal battle of Stockholm
January 30, 2019

This introductory article considers a series of disputes related to the complex commercial relationship between Naftogaz and Gazprom. No attempt is made to provide a comprehensive overview of the facts and legal arguments arising in these high profile disputes, partly because the contracts’ precise terms, details about the arbitration proceedings, and the content of the arbitral awards are a closely-guarded secret. 


Naftogaz v Gazprom: the legal battle of Stockholm
Technical expert witness involvement in CIS and CEE oil and gas arbitrations
January 30, 2019

It is hardly surprising that there are a significant number of arbitrations for oil-related matters, particularly in CIS countries. This stems from the fact that the Russian Federation, Kazakhstan and Azerbaijan have large volumes of proven oil reserves. Typically, technical experts are involved in assessing the reserves and resources for oil and gas exploration in the context of arbitration investment disputes.


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