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.
Everything you need to know about international arbitration on one page
International arbitration is a very tricky area, there are too many peculiarities so that even an academic course in this field is only a small amount of knowledge that the practitioner should have. We are often asked by young lawyers starting their practice in arbitration about the general information that could help them to have a general picture of what is arbitration.
Dear arbitration practitioners, be precise in specifying the name of an arbitral institution in a contract
With this post we continue the Ukraine – arbitration-friendly jurisdiction set of comments. In our previous posts we already warned arbitration practitioners, attorneys and solicitors who are dealing with drafting arbitration agreements so that they should be precise in specifying the name of an arbitral institution in a contract if the dispute somehow is connected to the Ukrainian jurisdiction. The reason why is that Ukrainian state courts are not trained in favor of arbitration and in many cases do not consider seriously the doctrine of competence-competence in international commercial arbitration.
On October 13, 2010 the Supreme Court of Ukraine ruled in case upon the petition of VKT ARDO LLC against the award of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine issued in favor of Аrсеlоrmittal Аmbalaj Сеligі Sanауі ve Тісаrеt Аnоnіm Sіrkеtі against VKT ARDO LLC for app. USD 3 mln. Since I have no interest in that case I believe that I can share my opinion.
LCIA is banned by the Ukrainian court
Recently, Ukrainian economic courts have established a new practice, which hardly contributes to the attempts of Ukraine to become more friendly to arbitration. In the case Signus LLC vs SLAV Handel, Vertretung und Beteiligung AG and others the court of first instance forbade the defendants to apply to the London Court of International Arbitration.
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.
Summary Proceedings in International Arbitration
The separation of the state courts’ and of the arbitrators’ respective spheres of competence, which is uncontroversial with respect to the merits of a dispute, is much more problematic in relation to summary proceedings, i.e. proceedings aimed at obtaining a rapid decision on one or more aspects of dispute. Whether, and to what extent, arbitral tribunals and state courts have jurisdiction to hear applications for summary judgments in the presence of an arbitration agreement on merits of the dispute, is one of the major problems of international arbitration, and the solutions adopted differ significantly from one jurisdiction to another.
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.
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.
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”.
International Arbitration
Calendar
| M | T | W | T | F | S | S |
|---|---|---|---|---|---|---|
| « Aug | ||||||
| 1 | 2 | 3 | 4 | 5 | ||
| 6 | 7 | 8 | 9 | 10 | 11 | 12 |
| 13 | 14 | 15 | 16 | 17 | 18 | 19 |
| 20 | 21 | 22 | 23 | 24 | 25 | 26 |
| 27 | 28 | 29 | ||||
Archive
- August 2011 (1)
- June 2011 (1)
- May 2011 (1)
- March 2011 (4)
- February 2011 (4)
- January 2011 (1)
- December 2010 (2)
- November 2010 (9)
- October 2010 (10)
- August 2010 (1)
- June 2010 (2)
- May 2010 (5)
- April 2010 (8)
- March 2010 (10)
- February 2010 (18)
- January 2010 (9)
- December 2009 (2)
Directories
- Arbitration DO’S and DON’T’S (6)
- Cases (16)
- Conferences and events (1)
- Interesting details (3)
- Mediation (2)
- News (54)
- Notes (6)
- Printed articles (1)
- Schiedsgerichtsbarkeit (14)
- Stereotypes of international arbitration (5)
- Ukraine – arbitration-friendly jurisdiction (13)
- Без рубрики (2)
Tags
