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.
Arbitration Institute of the Stockholm Chamber of Commerce
There are not many cases in public domain which may help us to determine all significant issues of recognition and enforcement of the awards of this world-renowned arbitration institution.
In case No. 22/200 the economic court of Donetsk Region adopted decision on 13.01.2010 on termination of the consideration of case since the parties agreed to arbitrate in “Arbitration Court of Stockholm” (not the Arbitration Institute of the Stockholm Chamber of Commerce (SCC)). Thus, you may think that Ukrainian courts are liberal in their attitude to such details as the name of an arbitration institution.
Ukraine - arbitration-friendly jurisdiction
There are countries whose legal system is very friendly to arbitration. Though Ukraine is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 for a long time, we may find the statements of reputable lawyers that Ukrainian court system is not friendly to arbitration.
There are no grounded arguments against the Ukrainian arbitration legislation. Ukraine is a UNCITRAL Model Law country and a member of all major international arbitration treaties. Its International Arbitration Law was drafted based on the UNCITRAL Model Law. The main issue which created Ukraine the reputation of a country unfriendly to arbitration is the disputable practice of recognition and enforcement of arbitration awards by Ukrainian courts.
Herewith we start the discussion whether Ukrainian court system is friendly to arbitration. However, we will share the information concerning the court “attitude” to a particular arbitration institution (LCIA, SCC, ICC, etc.) so that you can have the full picture on what arbitration forums are “in respect” of Ukrainian courts. We will provide you with the details of the descision so that you can apply the court practice properly.
Although arbitration and mediation are both forms of alternative dispute resolution and the second one is popularized by several institutions in Ukraine it still may not be treated as a competitor to arbitration.
-Internet giant Google loses domain name trademark arbitration. Small and 'groovy' Canadian start-up claims victory.
Internet giant Google has lost an arbitration over the domain name, Groovle.com. In a decision released today, The National Arbitration Forum, dismissed Google's complaint (Claim Number: FA0911001293500) that it was entitled to the domain name, Groovle.com. Google had claimed that the domain name Groovle.com, is "confusingly similar" to its trademark for "Google." The National Arbitration Forum is an international arbitration service accredited by ICANN, the international agency that oversees the Internet, to provide resolution services for domain name disputes around the world.