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.
The ruling of the Supreme Court of Ukraine in RosUkrEnergo v. Naftogaz Ukrainy JSC case
As we announced earlier the Supreme Court of Ukraine ruled on enforcement under the New York Convention of a Swedish arbitral award rendered in RosUkrEnergo v. Naftogaz Ukrainy JSC case. Recently the SCC published the unofficial translation of the Court’s ruling. For those who are interested it is available here.
Posted by International Arbitration Team
RosUkrEnergo investigation commission of the Verkhovna Rada assumes that Naftogaz Ukrainy JSC lost the SCC case because of change of its legal position
On November 17, 2010 RosUkrEnergo investigation commission of the Verkhovna Rada presented draft report regarding the award of the arbitral tribunal under the rules of the Arbitration Institute of the Stockholm Chamber of Commerce.
The draft is subject to consideration of the core committee, thus it is not the final version yet. However, the draft contains assumptions and conclusions that may be interesting for our readers who follow the RosUkrEnergo case. After the arbitral tribunal had issued its awards of March 3, 2010 and June 8, 2010, they were recognized and permitted to be enforced according to the ruling of August 13, 2010 adopted by the Shevchenko District court of Kyiv. The ruling was then appealed. However, the Court of Appeal dismissed the appeal. As we may say the state officials and bodies pay great attention to the outcomes of the case, which already lead to criminal proceedings instituted against former officials of customs authorities.
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.
The future of arbitration in Sweden – challenges and opportunities
Annette Magnusson is the new Secretary General at the Arbitrations Institute of the Stockholm Chamber of Commerce, the SCC. On Monday 17 May she will speak on the topic “The future of arbitration in Sweden – challenges and opportunities” during the seminar to be hosted by Stockholm Chamber of Commerce. So – take the opportunity and ask Annette Magnusson her opinions on how arbitration will develop in Sweden!
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.
Ukraine – arbitration-friendly jurisdiction. Stockholm
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.
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