SCHIEDSGERICHTSBARKEIT UND STREITSCHLICHTUNG IM MITTELMEERRAUM
Die Wirtschaftskammer Schweiz-Afrika organisiert, gemeinsam mit weiteren namhaften Partnern, die Tagung "Schiedsgerichtsbarkeit und Streitschlichtung im Mittelmeerraum", die am Freitag, den 07. Oktober 2011 in Basel (Schweiz) stattfinden wird.
Eine Sorge, die zahlreiche kleine und mittlere Unternehmen (und damit die Hauptakteure im Mittelmeerraum) von einem Engagement in diesem Gebiet abhält, ist, dass Streitigkeiten vor lokalen Gerien ausgetragen werden müssen, die oftmals als langsam, schlecht qualifiziert und korrupt wahrgenommen werden. Schiedsgerichtsbarkeit und Streitschlichtung bieten hier Alternativen, über die die KMU aber in vielen Fällen nur unzureichend informiert sind. Namhafte Redner mit langjähriger praktischer Erfahrung werden diese Möglichkeiten unter Berücksichtigung der Besonderheiten der Märkte im Mittelmeerraum näher beleuchten.
Weitere Informationen und das Anmeldeformular finden Sie auf der Homepage http://www.swisscham-africa.ch bzw. direkt über folgenden Link
Costs of International Arbitration
“We invite all legal representatives, in-house counsel and arbitral tribunal members
to contribute to this major survey into costs in international arbitration. The survey
report and conference will provide an invaluable contribution to the debate on costs,
helping to generate proposals to restore speed and cost-effectiveness to the arbitration process.
This is essential if international arbitration is to maintain its position
as the commercial dispute resolution method of choice."
“To make the survey effective, we need corporate counsel, party representatives, arbitrators and tribunal members to give us as much data as possible on arbitrations in which they have been involved.”
Doug Jones SC FCIArb, Vice President of CIArb
The Chartered Institute of Arbitrators (CIArb) has launched a major survey into the costs of international arbitration. The ‘Costs of Arbitration’ survey gathers data to inform parties, legal representatives and arbitrators about the overall costs of international commercial arbitration and how these are incurred at each stage.
Energy Charter Treaty: Remington Worldwide Limited vs Ukraine
On 28 April 2011 the Arbitral Tribunal of the Arbitration Institute of the Stockholm Chamber of Commerce rejected most of the claims filed by Remington Worldwide Limited against Ukraine. The company accused Ukraine in violating the Energy Charter Treaty ratified by the Ukrainian Parliament, Verkhovna Rada in 1998.
Conference Report: Vienna Arbitration Days 2011 by Markus Schifferl
Introduction
On 4 and 5 March 2011, the Vienna Arbitration Days, the leading arbitration conference in Austria, took place for the fourth time. Over 240 arbitration practitioners from more than 25 countries followed the call of the organizers, the Austrian Arbitration Association ArbAut, the editors of the Austrian Yearbook on International Arbitration and the Young Austrian Arbitration Practitioners YAAP, and came to Vienna.
New rules of the protection of Ukraine’s state interests in international jurisdictional bodies
On March 15, 2011 the new version of the Order of protecting the rights and interests of Ukraine during the disputes, before the foreign jurisdictional authorities in cases involving a foreign entity and Ukraine came in force. The Order was approved by the Decree of the President of Ukraine.
Piece! Ukraine is oriented to amicable settlement of arbitration cases
The Ministry of Justice of Ukraine that is authorized to defend state interests in foreign courts and arbitration tribunals, currently is in the negotiation process for a peaceful settlement of 7 disputes with foreign investors, stated the Minister of Justice Oleksandr Lavrynovych in an interview to "Investgazeta" (Monday, March 14, 2011).
The Minister explained that in the process of developing strategies of protection of Ukraine's interests in every case of a dispute with a foreign investor Ministry comes primarily from the possibility of a peaceful settlement.
Vienna Arbitration Days 2011
The leading arbitration conference in Austria (the Austrian Conference for Arbitration Practitioners, Vienna, Austria, 4-5 March 2011) is being supported by the leading arbitration institutions and associations. It offers the opportunity to meet arbitration practitioners from all over the world, with a focus on the Central and Eastern European arbitration world.
This year’s topics are:
- Arbitration goes Brussels (the intended modifications to the Brussels I directive, critique and practical consequences; other interfaces of community law and arbitration);
- Witness and expert evidence in arbitration: Efficiency vs. ethics, clash of different ethics, impact of professional rules and disciplinary bodies;
- Arbitration rules on the move (ICC-Rules, UNCITRAL Rules and others);
Keynote address: Recent trends in arbitration in the CEE-region.
UNCITRAL improves investment arbitration. Ukraine is invited to assist
On February 7-13, 2011 UNCITRAL holds the 54th session of its Working group on arbitration. During the session important issues of settlement of disputes between investors and states have to be discussed. The Secretariat of the UNCITRAL invited Ukrainian delegation to take part in the session. The delegation is composed of representatives of the Ministries of justice, economy and foreign affairs. 
Securities industry arbitration: diametrically opposite approaches
Securities industry arbitration is rather young ADR instrument in Ukraine. Though the security industry is one of the spheres that particularly needs its own mechanism of resolution of specific disputes, arbitration in this market is still at the beginning of its development process. Apart from arbitration courts established by several banking associations there are specialized securities market arbitration courts created by self-regulatory organizations and business associations. Since there are no unified practice or resolving particular legal problems, participation of the specialist from the industry as arbitrators is usually highly recommended. The main reason of the involvement of industry arbitrators is that they know the rules and customs of the industry.
NO CONSUMER ARBITRATION IN UKRAINE – 2
On February 3 2011 the Verkhovna Rada of Ukraine passed the Law amending the Law “On Arbitration Courts” which excludes the consumers’ disputes (including those related to consumers of services of banks and credit unions) out of the competence of arbitration courts. In our previous articles we commented that initiative and discussed the main “pro” and “cons” of arbitration in consumer cases.
Posted by International Arbitration Team
A company’s charter may not contain an arbitration clause
Some years ago Ukrainian courts established the approach that the transfer of funds as a contribution of a participant to the statutory capital had to be considered as a kind of agreement, and the company’s charter reflected that agreement. Later that approach was changed.
The ruling of the Supreme Court of Ukraine in RosUkrEnergo v. Naftogaz Ukrainy JSC case
As we announced earlier the Supreme Court of Ukraine ruled on enforcement under the New York Convention of a Swedish arbitral award rendered in RosUkrEnergo v. Naftogaz Ukrainy JSC case. Recently the SCC published the unofficial translation of the Court’s ruling. For those who are interested it is available here.
Posted by International Arbitration Team
CIArb Costs of International Arbitration Survey. Participate and obtain the results of the Survey!
The Chartered Institute of Arbitrators commenced collection of information on the costs of international commercial arbitration proceedings. The aim is to gather data which will inform parties, legal representatives, and arbitrators about the overall costs of international commercial arbitration. The survey is also gathering data about how those costs are made up, the allocation of costs by arbitrators and the extent to which these may depend upon the nature of the dispute, the seat of arbitration, the amount in dispute, the composition of the arbitral tribunal and the costs incurred prior to, and during, the arbitration.
The findings will be analyzed and disseminated through a report and a conference, organized by CIArb, which will take place on 27 – 28 September 2011 in London, England.
International Arbitration
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