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.
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.
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.
New Age Attorneys
We continue a series of comments on this blog and we apologize to our subscribers and readers for a pause. The reason for the pause was the active involvement of the author of the blog to the process of establishing a new player in the legal services market that has occupied a niche of services in the field of international arbitration, trade and investment. I beg your welcome! Cai & Lenard Law firm!
The firm's lawyers shape the practice of arbitration in Ukraine. This blog will be updated by the analysis of these practices along with other useful materials. Cai & Lenard Website
Anwälte der Neuen Zeit
Wir sind weiterhin eine Reihe von Kommentaren auf diesem Blog zu schreiben und wir wollen an unsere Abonnenten und Lesern für eine Pause zu entschuldigen. Der Grund für die Pause war die aktive Beteiligung der Autor des Blogs auf den Prozess der Schaffung einer neuen Player im Markt der juristischen Dienstleistungen, die eine Nische von Dienstleistungen im Bereich der internationalen Schiedsgerichtsbarkeit, Handel und Investitionen besetzt hat. Ich bitte Sie herzlich willkommen! Cai & Lenard Anwaltskanzlei
Die Anwälte der Kanzlei shaffen die Praxis der Schiedsgerichtsbarkeit in der Ukraine. Dieser Blog wird durch die Analyse dieser Praktiken zusammen mit weiteren nützlichen Materialien aktualisiert werden. Cai & Lenard Website
A court is not obliged to read an arbitration clause
This is another post in the Ukraine – arbitration-friendly jurisdiction set of comments. The Highest Economic Court of Ukraine being a body that is responsible for elaboration of the unified court practice of resolution of commercial disputes in Ukraine, adopted the ruling that answers the question: “Is a court obliged to terminate proceedings if a dispute is based on a contract that contains valid arbitration clause?”
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.
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.
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