International arbitration News, analytics and practice

26Feb/10Off

Anerkennung und Vollstreckung ausl?ndischer Schiedsspr?che in Ukraine

Normiert worden sind im Gesetz schlie?lich die Voraussetzungen unter denen die Anerkennung und Vollstreckung von ausl?ndischen Schiedsspr?chen in der Ukraine erfolgt. Die Regelungen wurden auch hier an die Vorgaben des UNCITRAL-Modellgesetzes angepasst und entsprechen nahezu w?rtlich den Bestimmungen des New Yorker UN-?bereinkommen vom 10. Juni 1958 ?ber die Anerkennung und Vollstreckung ausl?ndischer Schiedsspr?che.

Nach Art. 35 des Gesetztes der Ukraine „?ber die Internationale Handelsarbitrage“ ) im Weiteren „ArbitrageG“) erfolgt die Anerkennung und Zulassung zur Vollstreckung von Schiedsspr?chen daher unabh?ngig davon, aus welchem Staat der Schiedsspruch herr?hrt. Voraussetzung ist, dass die formellen Erfordernisse gegeben sind. Notwendig ist stets ein entsprechender schriftlicher Antrag beim zust?ndigen Bezirksgericht. Der ausl?ndische Schiedsspruch ist innerhalb von drei Jahren nach Eintritt der Rechtskraft zu vollstrecken.

Vollstreckung ausl?ndischer Schiedsspr?che in Ukraine

22Feb/10Off

There are 49 ICSID claims lodged against Argentina and only 10 against Ukraine. Who is talking about inappropriate investment climate?

An overview of the investment disputes settlement mechanism under ICSID Convention

One of the chief impediments to foreign investment in Ukraine as well as in other developing countries has been the investor’s perception that, in the event of disputes with the host state, they would find themselves without an effective legal remedy. Investors may no longer realistically rely on their own governments to espouse their claims, at least promptly and successfully, under traditional avenues of diplomatic protection. Investors who proceeded alone against host states, feared discrimination in the local courts. Legal disputes between individuals or corporations were normally settled before domestic courts. States may settle their legal disputes before the International Court of Justice. However, in mixed disputes, especially arising from international investment relationships, no appropriate forum was seen to exist.

studentenkredit2 There are 49 ICSID claims lodged against Argentina and only 10 against Ukraine. Who is talking about inappropriate investment climate?

19Feb/10Off

An ICSID tribunal has found that Ukraine violated international law on tenders

An arbitration tribunal at the International Centre for Settlement of Investment Disputes (President: Juan Fern?ndez-Armesto (Spanish), arbitrators: Jan Paulsson (French), J?rgen Voss (German)) is considering the case upon the request of Mr. Joseph Charles Lemire, a national of the United States of America, filed in respect of a case against Ukraine. The case was brought under the 1994 Bilateral Investment Treaty between Ukraine and the United States. The dispute concerned the issuance and operation of radio broadcasting licenses in the Ukraine.

An ICSID arbitration tribunal has found that Ukraine violated international law on tenders by awarding radio broadcasting licences in secret in 2004 – but rejected other claims brought against the state by a US radio investor.

Source: http://www.kommersant.ua

17Feb/10Off

Why is it that one of the most internationalized business sectors still finds it hard to embrace arbitration?

Arbitration as a means of dispute resolution is on the rise in many areas of business. However, it seems that the Banking & Finance industry is still struggling to accept arbitration as an alternative to state court proceedings. Why is it that one of the most internationalized business sectors still finds it hard to embrace arbitration, although international disputes are one of arbitration’s strengths? What can practitioners do to increase the acceptance of arbitration in the banking and finance sector?

1031019 Why is it that one of the most internationalized business sectors still finds it hard to embrace arbitration?

16Feb/10Off

Schiedsgerichtsbarkeit in der Ukraine

Das ist der ersten Blog-Post in der Reihe „Schiedsgerichtsbarkeit in der Ukraine“. Wir h?ffen, dass Sie sich eine ?bersicht ?ber die Struktur und T?tigkeit des Internationalen Schiedsgerichts bei der Ukrainischen Industrie- und Handelskammer und das Schiedsverfahren verschaffen k?nnen.

Schiedsgericht in Ukraine

15Feb/10Off

Centragas Holding AG arbitration against Ukraine

On 5 February 2010 Centragas Holding AG, a company incorporated in Austria in 2004 holding 50 % of shares in RosUkrEnergo, announced its intention to institute the arbitration proceedings against the Government of Ukraine according to the Energy Charter Treaty.

Arbitration Centragas Holding AG arbitration against Ukraine

Map illustrates major natural gas pipelines in central and eastern Europe. Germany's gas imports from Russia pass either through Ukraine, Slovakia and the Czech Republic, or through Belarus and Poland. SOURCE: Inogate (EU oil and gas transport co-operation programme)

As it was announced, Ukrainian government did not answer the official request of Centragas filed in accordance with the Energy Charter Treaty. The announcement stated that the request was filed to initiate the negotiations concerning the expropriation of 11 billion cubic meters of gas, owned by RosUkrEnergo, a joint venture of Centragas and Gazprom

For more information please see UNIAN informational agency page.

If you are interested in information about Russia–Ukraine gas disputes please see the link.

12Feb/10Off

Stereotype 3. Arbitration is a unified procedure


”So far as international commercial arbitration is concerned, it would save considerable time, trouble and expencse if the laws governing arbitrations were the same throughout the world, so that there was – so to speak – a universal lex arbitri.”

(Law and Practice of International Commercial Arbitration. Alan Redfern. London, Sweet&Maxwell Limited, 2004)

With this post we continue the series of comments “Stereotypes of international arbitration”. There is nothing new in the statement that the procedures that govern the commercial arbitration proceeding is a subject that has been left to the parties. Some arbitration agreements call for the use of an off-the-shelf set of procedures, such as the rules of the International Chamber of Commerce, or the United National Conference on International Trade Law (UNCITRAL). The institutions which support international commercial arbitration essentially contribute to the process of permanent development of the arbitration practice. At least I hope that the amendments to the rules adopted by the world-renowned arbitration centers were aimed at that development. Some of them may be treated as a step toward unification of arbitration procedures. Here I would like to draw your attention to certain differences in arbitration procedures generally and without particular stress on national legislation governing arbitration in different states. Even in the states that adopted the UNCITRAL Model Law commercial arbitration procedures differs due to the legal culture and traditions and the history of arbitration. In the table below we tried to present the contrast in the case (common) law and civil law arbitration systems.

9m92n1qyg57g5f6d copy1 500x371 Stereotype 3. Arbitration is a unified procedure

11Feb/10Off

ICC Arbitration Today: Arbitrator Independence

Under the auspices of the International Chamber of Commerce in Paris, France 26 February 2010 will take place the conference “ICC Arbitration Today: Arbitrator Independence” with an ICC Mock Court Session.

Arbitrator independence is an essential and significant requirement in arbitration which raises special issues due to the very nature of a procedure in which party autonomy is of the utmost importance. This conference aims to explore views and opinions on the requirements of arbitrator independence from the perspectives of a party, a party's counsel and an arbitrator. Judicial decisions on arbitrator independence will also be examined. The highlights of the day will include former Secretary Generals of the ICC International Court of Arbitration coming together to discuss the history and development of the ICC Rules and practice with respect to the requirement that all arbitrators in ICC arbitrations be independent. Furthermore, the conference will feature a Mock ICC Court Plenary Session. At this forum, the participants will engage in stimulating interactive dialogue focusing on how the ICC Court deals with various challenges.

For more information about this conference, please click here.

10Feb/10Off

Stereotype 2. Arbitration is less formal

”The LCIA arbitration rules are universally applicable.

They offer a combination of the best features of the civil

and common law systems, including in particular:

maximum flexibility for parties and tribunals to agree on procedural matters..”

London Court of International Arbitration

This post is the second in the special set of comments “Stereotypes of international arbitration”. It is worth mentioning that here we discuss the myths which re typical for international arbitration. If you are interested in discovering the misconceptions about the domestic arbitration process you may read about some of them on Arbitration-Truth.com. In this post we would like to draw your attention to the idea, that flexibility of international arbitration procedure does not mean that there is no “scenario”.

less formal 500x480 Stereotype 2. Arbitration is less formal

10Feb/10Off

ADR Strategies That Save Time and Money

On 26 February 2010, American Arbitration Association, International Centre for Dispute Resolution, Alternative Dispute Resolution Section of the State Bar of Texas will co-organize the conference events “ADR Strategies That Save Time and Money”.

This conference is a “don’t miss” event for General Counsel, Corporate Counsel and In-House legal teams who are engaged in their firm’s dispute resolution strategy.  Advocates will benefit greatly from this conference as it will give greater insight into how to manage client resources throughout the dispute.  Attendees will also have the opportunity to meet and network with colleagues from around the state of Texas at the Hyatt Hill Country Resort and Spa in Antonio, Texas.

For more details please visit American Arbitration Association University page

9Feb/10Off

Ad hoc arbitration

This is the second post in the Ukraine – arbitration-friendly jurisdiction set of comments after the post dedicated to Ukrainian “perception” of the Arbitration Institute of the Stockholm Chamber of Commerce.

It may sound strange, but in some cases the practice of Ukrainian courts concerning recognition and enforcement of foreign arbitration awards is based not on laws and international treaties that specify international obligations of Ukraine to recognize and enforce the awards, but on domestic currency control rules and even tax legislation. Let the currency control rules be formally interpreted, which was the case during several years, and you may come to a ridiculous result: the monopoly of the International Commercial Arbitration Court and the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry “on the market” of resolution of disputes where one party is a Ukrainian entity.

ad hoc

7Feb/10Off

Siemens-Rosatom goes to arbitration

A Paris court of arbitration has provisionally restricted Siemens' actions in joining a partnership with Russia's Rosatom.

5Feb/10Off

President signed amendments to legislation concerning modernization of arbitration courts

Astana. February 5, 2010. Kazakhstan Today - The head of state, Nursultan Nazarbayev, signed the law on the amendments and additions to some acts of Kazakhstan concerning immunity of the state and its property, modernization of the activity of the arbitration courts and the international commercial arbitration, the agency reports citing the president's press service informed.

According to the press service, the law is directed at maintenance of immunity of the Republic of Kazakhstan and its property from jurisdiction of courts of foreign states.

As informed earlier, the bill is directed at legislative regulation of the questions of immunity of the state and its property from the international arbitration and arbitration trial, and also differentiation of competence of arbitration court and commercial arbitration, coming into force, execution and suspension of decisions, their revision and appeal, and also cancellation and possibility of repeated arbitration or arbitration trial. The introduced amendments bring the norms of the law on international commercial arbitration in conformity with the international legislation.

http://eng.gazeta.kz/

3Feb/10Off

Global Financial Crisis and International Arbitration

On 11-12 February 2010, the ICC International Court of Arbitration will co-organize two events in Baltic States on “Global Financial Crisis and International Arbitration in the Current Economic Climate”.

Experts from the ICC International Court of Arbitration, White and Case LLP and Lawin will examine the claims emerging from the financial crises, the resulting procedural and enforcement issues, and the outlook for 2010.

Registration details and the full programme will follow on ICC International Court of Arbitration page.

3Feb/10Off

Vienna Arbitration Days

The Vienna Arbitration Days, the leading conference for arbitration practitioners in Austria will take place on 12-13 February 2010.

nt Building  Vienna  Austria 500x500 Vienna Arbitration DaysThe conference is organized by the Austrian Arbitration Association (ArbAut),  Young Austrian Arbitration Practitioners (YAAP),  International Arbitral Centre of the Austrian Federal Economic Chamber, ICC Austria and the Austrian Arbitration Yearbook.

The main topics include:

  • Arbitration in Crisis/ Crisis in Arbitration?
  • Insolvency and Arbitration
  • State Entities in Commercial Arbitration
  • Guerilla Tactics in Arbitration

John Beechey, Chairman of the ICC International Court of Arbitration, will be the keynote speaker at the Vienna Arbitration Days.

For more information, please see ICC page or www.viennaarbitrationdays.at