A court is not obliged to read an arbitration clause
This is another post in the Ukraine – arbitration-friendly jurisdiction set of comments. The Highest Economic Court of Ukraine being a body that is responsible for elaboration of the unified court practice of resolution of commercial disputes in Ukraine, adopted the ruling that answers the question: “Is a court obliged to terminate proceedings if a dispute is based on a contract that contains valid arbitration clause?”
All or Nothing? – A Debate on the Production of Documents
On 15 September 2010, Young Arbitrators Stockholm (YAS) will host a seminar together with ICDR Y&I, the International Centre for Dispute Resolution Young & International.
The program will take the form of a debate, titled "All or Nothing - A Debate on the production of documents", and will be moderated by Patricia Shaughnessy (Stockholm Centre for Commercial Law, Sweden) and Mark Kantor (Georgetown University, Washington, USA).
ICSID Panel Denies Ukraine’s Challenge to Arbitrator
On March 19, 2010 two members of an ICSID arbitral tribunal – the Honourable Davis R. Robinson (President) and Dr. Stanimir A. Alexandrov – dismissed the Ukraine’s challenge to the tribunal’s third member, Dr. Yoram Turbowicz, reported Investment Treaty News.
Arbitral proceedings between Alpha Projektholding GMBH (Alpha) and the Ukraine began in 2007 after the Austrian company alleged violations of the Austria-Ukraine BIT in relation to its investment in a hotel-development project in Kiev in the mid-1990s.
Summary Proceedings in International Arbitration
The separation of the state courts’ and of the arbitrators’ respective spheres of competence, which is uncontroversial with respect to the merits of a dispute, is much more problematic in relation to summary proceedings, i.e. proceedings aimed at obtaining a rapid decision on one or more aspects of dispute. Whether, and to what extent, arbitral tribunals and state courts have jurisdiction to hear applications for summary judgments in the presence of an arbitration agreement on merits of the dispute, is one of the major problems of international arbitration, and the solutions adopted differ significantly from one jurisdiction to another.
The future of arbitration in Sweden – challenges and opportunities
Annette Magnusson is the new Secretary General at the Arbitrations Institute of the Stockholm Chamber of Commerce, the SCC. On Monday 17 May she will speak on the topic “The future of arbitration in Sweden – challenges and opportunities” during the seminar to be hosted by Stockholm Chamber of Commerce. So – take the opportunity and ask Annette Magnusson her opinions on how arbitration will develop in Sweden!
International Commercial Arbitration: Study of a mock case under the ICC Rules
ICC presents “International Contracts: Study of a mock case under the ICC Rules of Arbitration (PIDA training in English and French)”, 17 - 20 May 2010 ICC - 38, Cours Albert 1er, 75008 Paris, France.
Drawn upon the experience of renowned arbitrators in a multicultural and international environment, the training will meet the practical needs of those involved in international trade and will simulate ICC arbitration, highlighting differences in cultures and legal practices.
Three judges in two courts know what mediation is
To elaborate and present to the Government
the bill on mediation not later than February 2008
(Action plan aimed at realization of the foreground
tasks of the Ministry of Justice of Ukraine for 2008)
There are activities plans adopted by the Ukrainian state bodies that envisage the development of mediation as one of the most effective instruments of alternative dispute resolution. Several times mediation was mentioned in governmental programs. It means that the mediation is well-known among statesmen.
However, how it may happen in that case that the Ukrainian courts’ decisions mention “mediation” only as a way of conciliation between a victim and a criminal. There are only eight judgments in criminal cases passed by three judges in two courts (Kyiv and Poltava Regions) where that instrument mentioned.
Enforcement of Arbitration Awards in Russia and Ukraine: Dream or Reality?
Recently we have reached one interesting publication “Enforcement of Arbitration Awards in Russia and Ukraine: Dream or Reality?”, prepared under the auspices of the American Bar Association, Section of International Law and the Center for Continuing Legal Education.
Though I do not completely agree with certain opinions of the authors (in some cases they sound too critically, I think) I recommend to read that material. Not only because some of the authors are my colleagues and acquaintances. The publication is full of practical situations illustrated by cases.
Die Unabhangigkeit des Schiedsrichters: Theorie und Praxis
Die Unabhangigkeit des Schiedsrichters ist ein wesentliches Element eines fairen Verfahrens. Was aber genau bedeutet „Unabhangigkeit“?
Arbitration tribunal of SCC ordered USD 197 Million in favor of RosUkrEnergo
The tribunal of the Arbitration Institute of the Stockholm Chamber of Commerce has issued a intermediate decision on RosUkrEnergo's case against National Joint Stock Company “Naftogaz Ukrayiny” for approximately USD 2 million, www.rbc.ua reports. The court has ordered the Ukrainian state company to return USD 197 million to RosUkrEnergo. RosUkrEnergo alleged, that Naftogaz took 11 billion cubic meters of gas in Ukrainian underground gas storage facilities from RosUkrEnergo.
International Arbitration
Calendar
| M | T | W | T | F | S | S |
|---|---|---|---|---|---|---|
| « Aug | ||||||
| 1 | 2 | 3 | 4 | 5 | ||
| 6 | 7 | 8 | 9 | 10 | 11 | 12 |
| 13 | 14 | 15 | 16 | 17 | 18 | 19 |
| 20 | 21 | 22 | 23 | 24 | 25 | 26 |
| 27 | 28 | 29 | 30 | |||
Archive
- August 2010 (1)
- June 2010 (2)
- May 2010 (5)
- April 2010 (8)
- March 2010 (10)
- February 2010 (18)
- January 2010 (9)
- December 2009 (2)
Directories
- Arbitration DO’S and DON’T’S (2)
- Cases (5)
- Mediation (2)
- News (34)
- Notes (3)
- Printed articles (1)
- Schiedsgerichtsbarkeit (6)
- Stereotypes of international arbitration (3)
- Ukraine – arbitration-friendly jurisdiction (6)
Tags
