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On The Possibility Of Recourse To Human Rights In International Arbitration
November 3, 2022
Governments of countries that have never been members of the Council of Europe or have recently left it, may eventually wish to resort to human rights provisions enshrined in the ECHR and other human rights tools. Why? The author reflects on this and highlights relevant case law in this article.  
On The Possibility Of Recourse To Human Rights In International Arbitration
Arbitration reform in the UAE and Dubai as an alternative place of arbitration
November 1, 2022
The United Arab Emirates have made considerable efforts to improve their position as a global alternative dispute resolution hub. In line with this objective, the UAE undertook an arbitration reform to modernise their current arbitration process and align the UAE arbitral framework to international standards. As a result, Dubai was named as top-10 arbitration seat in the world according to the International Arbitration Survey conducted jointly by the White & Case law firm and Queen Mary University of London. Also, In 2008, an arbitration centre DIFC-LCIA was established to increase the attractiveness of the UAE in the region by cooperation with a credible institution with long history – LCIA.
Arbitration reform in the UAE and Dubai as an alternative place of arbitration
The Outlook of Arbitration in Malaysia: a Hidden Gem?
November 1, 2022
In this article arbitration practitioners Rinat Gareev and Tatiana Polevshikova uncover the newest developments in the arbitration framework of Malaysia.
The Outlook of Arbitration in Malaysia: a Hidden Gem?
International prosecution against debtors for fraud and insolvency related crimes
May 22, 2022
The issue of international prosecution for insolvency related crimes is a crucial topic in Russia at present because of the recent reforms in legislation and the peculiarities of the Russian law enforcement system. 
International prosecution against debtors for fraud and insolvency related crimes
Recent examples of recognition and enforcement of Chinese arbitral awards in Russia
May 22, 2022
The international commercial arbitration in China continues to grow. Authors share their experience of recognition and enforcement in Russia of arbitral awards rendered by arbitral tribunals seated in China. 
Recent examples of recognition and enforcement of Chinese arbitral awards in Russia
All Aboard the SCC Express
May 22, 2022
This article analyses the latest innovation in Swedish arbitration, SCC Express, which represents a new addition to the dispute resolution spectrum.
All Aboard the SCC Express
Cross-Border Bankruptcy and Egyptian legislation
May 22, 2022
Cross-border bankruptcy is not regulated by most of the national legislation, which has led to increasing legal problems requiring quick and effective solutions. But how can cross-border bankruptcy influence individual and corporate traders in the absence of clear legal rules establishing direct solutions to these issues? 
Cross-Border Bankruptcy and Egyptian legislation
Information Gathering in Russia: An Investigator’s Perspective
September 10, 2021
The information landscape in Russia presents unique challenges and opportunities for investigators. This is particularly true in the context of arbitration and other legal proceedings. In many jurisdictions, the challenge...
Information Gathering in Russia: An Investigator’s Perspective
The Energy Charter Treaty and climate change: The need for a closer look
September 10, 2021
As a consequence of global warming, global consensus has been building on the need for a massive overhaul of global energy systems. In the 2015 Paris Agreement, which by 2021 had been signed by 194 states and the European Union, the parties agreed to...
The Energy Charter Treaty and climate change: The need for a closer look
Solar Arbitrations against the Czech Republic: Glimpse of Hope for Investor-State Arbitration
September 10, 2021
The authors reflect on the Czech Republic’s experience with the investment arbitrations cases concerning investments in the renewable energy sector (“RES”). Out of the seven arbitration initiated in 2013, six were...
Solar Arbitrations against the Czech Republic: Glimpse of Hope for Investor-State Arbitration
Is the ECT an obstacle to energy transition?
September 10, 2021
Climate change is one of the most pressing challenges of our time. In response to it, in the 2015 Paris Agreement, governments committed to limiting global warming to well below 2 degrees Celsius. The 2019 European Green Deal set...
Is the ECT an obstacle to energy transition?
Working with Investigators: A Beneficial Partnership
September 4, 2021

In high-stakes scenarios, ensuring organisations and legal teams have readily available, expert resources can be the difference between success and catastrophe. Legal teams can maximize their resources by...


Working with Investigators: A Beneficial Partnership
The Campaign for Greener Arbitrations: promoting a greener way for dispute resolution
September 4, 2021

We are unfortunately all complicit in having a negative impact on the environment – some to a greater, some to a lesser extent. Some professions and industries are leaving a heavier carbon footprint than others and the legal industry is...

The Campaign for Greener Arbitrations: promoting a greener way for dispute resolution
Recognition and enforcement of Russian court judgments and arbitral awards in the former Soviet Union states
September 4, 2021
The establishment and development of a common economic space between the states of the former Soviet Union has led to an increase in cross-border disputes. Current experience shows that...
Recognition and enforcement of Russian court judgments and arbitral awards in the former Soviet Union states
Renewable Energy Investor-State Arbitration: Facts, Figures and Issues Overview
September 4, 2021
Renewable energy investment arbitration has been a hot topic around the globe for quite some time. The aim of this article is to provide an overview of the facts and figures regarding this phenomenon and of some issues in dispute in these arbitrations...
Renewable Energy Investor-State Arbitration: Facts, Figures and Issues Overview
The Naftogaz - Gazprom Saga, debunking myths about the arbitration awards
February 11, 2021
On 30 December 2019, Ukrainian JSC "NJSC Naftogaz of Ukraine" and Russian PJSC Gazprom settled a number of multi-billion dollar disputes arising under their Gas Sales and Transit Contracts from 2009, concerning...
The Naftogaz - Gazprom Saga, debunking myths about the arbitration awards
Challenging Arbitrators and their Awards under English Law
February 8, 2021

The principal law in England and Wales in respect of arbitration is at present the Arbitration Act 1996 (the "Arbitration Act"). Here we will provide a short overview of practice in respect of two important questions...


Challenging Arbitrators and their Awards under English Law
Design and build: Tackling energy construction disputes
February 8, 2021
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...
Design and build: Tackling energy construction disputes
Definition of an “Energy Dispute” according to the Energy Charter Treaty
February 8, 2021

First proposed in 1990, at the European Energy Council in Dublin, the European Energy Charter was transformed into a legally binding document – the Energy Charter Treaty (ECT or Treaty) in 1994...


Definition of an “Energy Dispute” according to the Energy Charter Treaty
Legal Status of the Caspian Sea in the context of oil and gas disputes
February 3, 2021
This article is based on the talk which the author gave at the 12th American Bar Association-Russian Arbitration Association Annual Conference on Resolution of CIS-related Disputes, in a session on...
Legal Status of the Caspian Sea in the context of oil and gas disputes
A Modern Business Climate in Kazakhstan for the Oil & Gas Sector: Dispute Resolution at the AIFC
February 3, 2021
The formation of international financial centres has become a common strategic focus for rapidly emerging and modernising states.  This is particularly the case in traditionally high volume oil and gas...
A Modern Business Climate in Kazakhstan for the Oil & Gas Sector: Dispute Resolution at the AIFC
German approach to settlement in arbitration
February 3, 2021

The German perspective on arbitration is mainly formed by the rules of biggest German arbitral institution, the German Arbitration Association (DIS-Rules), by statutory provisions and by the court practice...

German approach to settlement in arbitration
The Singapore Convention on Mediation: An Overview
February 2, 2021
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...
The Singapore Convention on Mediation: An Overview
ODR Arbitration Award Enforcement
February 1, 2021
All around the world, the pandemic has transformed consumer habits, generating an exponential increase in online transactions (e-commerce, and others). As e-transactions grow, disputes related to...
ODR Arbitration Award Enforcement
Settlement Facilitation by the Arbitral Tribunal – a Swiss Perspective
February 1, 2021
Given the costs involved in pursuing an arbitration through to a final merits hearing, settlements at an earlier stage have the advantage to significantly reduce parties' costs and to allow...
Settlement Facilitation by the Arbitral Tribunal – a Swiss Perspective
Third-Party Conciliation: France reacts to Covid-19 with a new alternative dispute resolution mechanism
February 1, 2021
In response to the Covid-19 crisis, and in an effort to mitigate the anticipated significant consequences of the pandemic for businesses, the entire French legal community has developed and implemented...
Third-Party Conciliation: France reacts to Covid-19 with a new alternative dispute resolution mechanism
Time Limits for Commencing Arbitration
November 17, 2020

Missing most deadlines in our society can be forgiven or excused. For example, being late for work might get you a warning from your boss, but it typically won’t cost you a job...

Time Limits for Commencing Arbitration
Application of a letter of undertaking of the P&I Club as a measure of securing a claim on the territory of Ukraine
November 17, 2020

In the practice of international maritime shipping, a letter of undertaking is widely used to guarantee the security of obligations and protect the debtor from possible actions of the creditor...

Application of a letter of undertaking of the P&I Club as a measure of securing a claim on the territory of Ukraine
Security of Payment Legislation: An Answer to Resolving Construction Disputes in Times of Pandemic?
July 31, 2020

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...

Security of Payment Legislation: An Answer to Resolving Construction Disputes in Times of Pandemic?
How to amend contract in a Russian court? Learn from a recent case
July 30, 2020

Learn from a recent case much discussed in Russian legal media, where the courts amended an ICC arbitration clause. Back to Instar Logistics v. Nabors Drilling International Limited...

How to amend contract in a Russian court? Learn from a recent case
Efficiency in Construction Arbitration: Suggested Practical Tools
July 30, 2020

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...

Efficiency in Construction Arbitration: Suggested Practical Tools
My dog ate my homework! Relying on Covid-19 for an extension of time
July 30, 2020

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?

My dog ate my homework! Relying on Covid-19 for an extension of time
UAE arbitration framework: general overview
March 16, 2020

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...

UAE arbitration framework: general overview
Kazakhstan: Arbitration Legislation and rules
March 16, 2020

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...

Kazakhstan: Arbitration Legislation and rules
Technical expert witness involvement in CIS and CEE oil and gas arbitrations
March 16, 2020

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

Technical expert witness involvement in CIS and CEE oil and gas arbitrations
Arbitrating disputes arising out of smart contracts
March 16, 2020
One of the most exciting aspects of distributed ledger technology (DLT) is the development of so-called ‘smart contracts’...
Arbitrating disputes arising out of smart contracts
Corruption in state arbitration in the Republic of Peru: cases, lessons and possible solutions
March 14, 2020

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 in state arbitration in the Republic of Peru: cases, lessons and possible solutions
Corruption and other crimes in International Arbitration: What should Arbitrators do?
March 14, 2020

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 and other crimes in International Arbitration: What should Arbitrators do?
Corruption in investment arbitration: a move towards a more human approach to evidence?
March 14, 2020

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

Corruption in investment arbitration: a move towards a more human approach to evidence?
New Tools for Fighting Fraud: CMOC v Persons Unknown
January 20, 2020

CMOC v Persons Unknown is a new international cyber-crime precedent.  The plaintiff had to chase and serve legal notice to 30 respondents in multiple jurisdictions worldwide. The case was touched upon in May 2019 issue of Arbitration.ru dedicated to collecting bad debts and fighting international fraud...

New Tools for Fighting Fraud: CMOC v Persons Unknown
Enforcement of Arbitration Awards in England
January 20, 2020

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...

Enforcement of Arbitration Awards in England
The SCC Platform
January 19, 2020

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...

The SCC Platform
Machine Arbitrators Change the Rules of the Game
January 18, 2020

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...

Machine Arbitrators Change the Rules of the Game
EEDRF: Behind The Scenes or How to organize an annual international arbitration forum
November 16, 2019

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)...

EEDRF: Behind The Scenes or How to organize an annual international arbitration forum
Standards for Arbitration Institutions
November 16, 2019

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...

Standards for Arbitration Institutions
Arbitration in China
November 15, 2019

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

Arbitration in China
Where China meets France: some examples of the role of french courts in arbitration with a chinese element
November 15, 2019

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...

Where China meets France: some examples of the role of french courts in arbitration with a chinese element
Cross-border M&A Disputes, Part II
November 15, 2019

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.

Cross-border M&A Disputes, Part II
Investment protection and dispute resolution on the Belt and Road
November 15, 2019
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...
Investment protection and dispute resolution on the Belt and Road
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...

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 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

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...

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...

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 “if 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

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 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, 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 system. The monitoring included more than 20 RAA-related keywords and expressions both in Russian and English and covered media space in Russia and abroad...

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...

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...

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; (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

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”). 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...

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...

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...


Naftogaz v Gazprom: the legal battle of Stockholm