International arbitration News, analytics and practice

19Jun/140

Online moot court platform

Mootus is a free online moot court platform that allows students or lawyers to compete legal issues As announced by owners of the platform, Mootus was aimed at helping law students and lawyers build skills, reputation and knowledge for free through open, online legal argument.

10Jun/140

ICSID Review—Foreign Investment Law Journal Student Writing Competition

The International Centre for Settlement of Investment Disputes (ICSID) is pleased to announce the AnnualICSID Review—Foreign Investment Law Journal Student Writing Competition.

2Jun/140

Assignment of Benefits of Arbitral Awards: Problematic Enforcement in Ukraine

By Cai & Lenard
From Kluwer Arbitration Blog
arbitration lawyer Assignment of Benefits of Arbitral Awards: Problematic Enforcement in Ukraine

Assignment of benefits of arbitral awards is a standard business practice worldwide, undertaken by companies involved in international trade and supported by credit insurers. However, this practice may face some obstacles in Ukraine considering contradictory and poorly developed court practice of granting leave for enforcement upon an application submitted by any person other than a person who was the party to arbitration. Courts are rather formalistic in deciding on that matter as Ukrainian laws do not directly envisage the possibility to an application for leave to enforce an international arbitration award to be submitted by any person other than a creditor (the meaning of this term is sometimes narrow, so that it is understood as a synonym to a party to arbitration). Actually, until recently there are not so many court cases, if any at all, in which the matter of assignment of benefits of arbitral award was clearly addressed.