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
ICSID Panel Denies Ukraine’s Challenge to Arbitrator
On March 19, 2010 two members of an ICSID arbitral tribunal – the Honourable Davis R. Robinson (President) and Dr. Stanimir A. Alexandrov – dismissed the Ukraine’s challenge to the tribunal’s third member, Dr. Yoram Turbowicz, reported Investment Treaty News.
Arbitral proceedings between Alpha Projektholding GMBH (Alpha) and the Ukraine began in 2007 after the Austrian company alleged violations of the Austria-Ukraine BIT in relation to its investment in a hotel-development project in Kiev in the mid-1990s.
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.
Olympic v. Ukraine
“A State may not expropriate or otherwise
take in whole or in part a foreign private
investment in its territory, or take measures
which have similar effects, except …”
1992 World Bank Guidelines
on the Treatment of Foreign Direct Investment
Recently the Olympic Entertainment Group (OEG) – a Baltic group of company operating casinos in many countries – announced its intention to institute arbitration proceedings against Ukraine (http://www.kommersant.ua/). The ground for filing the claim may be the measures of the state resulted in prohibition of gambling in Ukraine. Respective law was adopted on 15 May 2009 and introduced on 25 June 2009. The above announcement was made on 10 March 2010, and already caused different comments regarding the possible outcomes of the case. Some of my colleagues believe that the Group has no chance to win because the measure were introduced by law, and that law was not challenged before the Constitutional Court of Ukraine. However, there is an alternative opinion, that the mentioned circumstance (no case against the above law in the Constitutional Court) may not be treated as decisive for the tribunal.
First “result” of the Gazprom’s war against Ukraine
Slovak gas company Slovensky Plynarensky Priemysel (SPP) filed the request for arbitration before the International Court of Arbitration of the International Chamber of Commerce in Paris against Gazprom claiming for damages caused by short delivery of gas during the gas war against Ukraine. SPP calculated the amount of claim (approximately EUR 100 mln of direct damages) and presented it during the negotiations with Gazprom.
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 Fernández-Armesto (Spanish), arbitrators: Jan Paulsson (French), Jürgen 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
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.
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.
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
Siemens-Rosatom goes to arbitration
A Paris court of arbitration has provisionally restricted Siemens' actions in joining a partnership with Russia's Rosatom.
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