International arbitration News, analytics and practice

8Oct/121

2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process

White & Case LLP and the School of International Arbitration at Queen Mary, University of London have published 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process with the focus on the views of in-house counsel, arbitration practitioners and arbitrators on the current and preferred practices in the international arbitration process.

16Mar/110

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.

14Mar/110

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.

28Oct/100

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.

21Oct/100

Document Production in International Arbitration – Where to draw the Line?

The admissibility of requests and orders for Document Production has been a disputed subject for considerable time now. The aim of Document Production is to give the requesting party the opportunity to close evidentiary gaps in their own submissions. It is based on the principle that the two contesting parties will have the option to survey all relevant documents. In practice, it is often used by parties for much more than just the gathering of evidence and the dispute on its admissibility and scope focuses to a high degree on the divide between civil and common law traditions.

18Oct/100

Arbitration is better than litigation, but proven business partners are the best

Conducting business internationally it is extremely important to be sure about the bona fide status of your counterparty. This factor is significant for potential disputes and may be considered in two main aspects. First of all the unclear legal status of counterparty may hide certain problems which may cause disputes. Secondly, the outcome of any arbitration or litigation against that party with unclear legal status may be ineffective due to impossibility to enforce an award or court decision.

14Oct/100

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.

24Jun/100

All or Nothing? – A Debate on the Production of Documents

On 15 September 2010, Young Arbitrators Stockholm (YAS) will host a seminar together with ICDR Y&I, the International Centre for Dispute Resolution Young & International.

 The program will take the form of a debate, titled "All or Nothing - A Debate on the production of documents", and will be moderated by Patricia Shaughnessy (Stockholm Centre for Commercial Law, Sweden) and Mark Kantor (Georgetown University, Washington, USA).All or Nothing Arbitration2 All or Nothing? – A Debate on the Production of Documents

14May/10Off

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.

11May/10Off

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.

rome arbitration1 Summary Proceedings in International Arbitration

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.

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!

1Mar/10Off

Do challenge the jurisdiction of the tribunal!

Arbitrators usually are sensitive to arguments about their jurisdiction. Though under the competence-competence doctrine even issues of the existence and validity of the arbitration agreement may go initially to the arbitrators, the authority of an arbitrator arises from a contract between the parties.

If you have sufficient arguments against the jurisdiction of a tribunal present them immediately. Do not be afraid to antagonize the arbitrators. It is much better to resolve the issues of jurisdiction at the beginning of the process, than to face the restrictions on challenging an arbitrator's award on substantive jurisdiction after it is issued.

3975832602 fc7060edb3 Do challenge the jurisdiction of the tribunal!

1Mar/10Off

New category!

Arbitration DO’S and DON’T’S

There are checklists of do's and don'ts while drafting arbitration agreement. Probably later we will discuss those very interesting issues. However, in this series we would like to pay your attention to what the counsels may (and in some cases what they must) do after the arbitration process is initiated. In some cases we will illustrate our comments with the practice of particular arbitration institutions and arbitration rules. We will focus not only on the issues related to the strategy and tactics in international arbitration, but also on ethical rules and codes of conduct, since there are a lot of rules for arbitrators, but few for parties and their counsels.

(c) by International arbitration blog