International arbitration News, analytics and practice

29Apr/10Off

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!stockholm arbitration 500x500 The future of arbitration in Sweden – challenges and opportunities

26Apr/10Off

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.

21Apr/10Off

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.

19Apr/10Off

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.

7Apr/10Off

Die Unabhangigkeit des Schiedsrichters: Theorie und Praxis

Die Unabhangigkeit des Schiedsrichters ist ein wesentliches Element eines fairen Verfahrens. Was aber genau bedeutet „Unabhangigkeit“?handelskammer hamburg3 Die Unabhangigkeit des Schiedsrichters: Theorie und Praxis

6Apr/10Off

“Naftohas Ukrajiny” muss “RosUkrEnergo” 197 Mio. Dollar zahlen

Wie dem “Dserkalo Tyshnja“ bekannt wurde, hat das Stockholmer Schiedsgericht in einem Zwischenurteil, bez?glich der Forderungen von “RosUkrEnergo” an “Naftohas Ukrajiny”, “Naftohas” verpflichtet, dem Kl?ger 197 Mio. Dollar zu zahlen.

6Apr/10Off

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.

5Apr/10Off

Prove that arbitration does exist!

Probably there is no guide on how to draft an arbitration clause properly that does not recommend to specify the arbitral institution or administering body correctly.

Naming an institution to administer the arbitration proceeding or to appoint the arbitrators if the institution never existed, is misnamed in the clause or refuses to act, is one of the examples of pathological arbitration clauses. It is so in doctrine and in international practice. But how do Ukrainian courts decide if there are any doubts concerning the name of the institution?exists Prove that arbitration does exist!