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.
Swiss Rules play a trick, of Why Ukrainian state courts do not recognize “arbitration in Geneva”?
With this post we continue the Ukraine – arbitration-friendly jurisdiction set of comments. We already discussed how Ukrainian courts treat ad hoc arbitration and what is their perception of the Arbitration Institute of the Stockholm Chamber of Commerce. This time the arbitration under the Swiss Rules is in our focus.
RosUkrEnergo investigation commission of the Verkhovna Rada assumes that Naftogaz Ukrainy JSC lost the SCC case because of change of its legal position
On November 17, 2010 RosUkrEnergo investigation commission of the Verkhovna Rada presented draft report regarding the award of the arbitral tribunal under the rules of the Arbitration Institute of the Stockholm Chamber of Commerce.
The draft is subject to consideration of the core committee, thus it is not the final version yet. However, the draft contains assumptions and conclusions that may be interesting for our readers who follow the RosUkrEnergo case. After the arbitral tribunal had issued its awards of March 3, 2010 and June 8, 2010, they were recognized and permitted to be enforced according to the ruling of August 13, 2010 adopted by the Shevchenko District court of Kyiv. The ruling was then appealed. However, the Court of Appeal dismissed the appeal. As we may say the state officials and bodies pay great attention to the outcomes of the case, which already lead to criminal proceedings instituted against former officials of customs authorities.
Everything you need to know about international arbitration on one page
International arbitration is a very tricky area, there are too many peculiarities so that even an academic course in this field is only a small amount of knowledge that the practitioner should have. We are often asked by young lawyers starting their practice in arbitration about the general information that could help them to have a general picture of what is arbitration.
Guerrilla Tactics in International Arbitration and Litigation
Do you want to have a detailed knowledge about what the Guerrilla Tactics in international arbitration and litigation mean and what are counsel’s and the arbitral tribunal’s tools to deal with those? Where does poor behavior end and guerrilla tactics start? How do arbitral institutions view the issue of Guerrilla Tactics? How may arbitral institutions and state courts support fighting Guerrilla Practices? How much state court support is desirable?
Dear arbitration practitioners, be precise in specifying the name of an arbitral institution in a contract
With this post we continue the Ukraine – arbitration-friendly jurisdiction set of comments. In our previous posts we already warned arbitration practitioners, attorneys and solicitors who are dealing with drafting arbitration agreements so that they should be precise in specifying the name of an arbitral institution in a contract if the dispute somehow is connected to the Ukrainian jurisdiction. The reason why is that Ukrainian state courts are not trained in favor of arbitration and in many cases do not consider seriously the doctrine of competence-competence in international commercial arbitration.
On October 13, 2010 the Supreme Court of Ukraine ruled in case upon the petition of VKT ARDO LLC against the award of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine issued in favor of Аrсеlоrmittal Аmbalaj Сеligі Sanауі ve Тісаrеt Аnоnіm Sіrkеtі against VKT ARDO LLC for app. USD 3 mln. Since I have no interest in that case I believe that I can share my opinion.
If the case was lost in arbitration, let’s win in the Parliament
After the award in Rosukrenergo (we followed the case in our previous posts) case was issued against the Ukrainian respondent, Ukrainian authorities and state officials announced several options of further actions, including filing an appeal against the award issues by the arbitral tribunal of the Arbitration Institute of the Stockholm Chamber of Commerce.
In addition to those measures the members of the Ukrainian Parliament invented another one.
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