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Nikita Kondrashov  (Luther Rechtsanwaltsgesellschaft mbH)
Enforcement of Awards Against Sovereign States in Russia: Recent Developments
May 04, 2019

Several authors have already discussed the enforcement of arbitral awards in Russia (see for example the recent posts on the issue estoppel and public policy in recognition and enforcement…

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Rustem Karimullin  (Karimullin Law Firm)
Practice of International Construction Arbitration in Russia
March 23, 2019

Unlike some Western arbitration institutions which enacted institutional arbitration rules dedicated to construction disputes, such as the 2015 American Arbitration Association (AAA) Construction…

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Simon Bianchi  (LALIVE)
The Applicability of the Ukraine-Russia BIT to Investment Claims in Crimea: A Swiss Perspective
March 16, 2019

Since the annexation of Crimea by the Russian Federation in 2014, a substantial number of investment claims, in particular expropriation claims, have been raised by Ukrainian nationals against the…

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Sophie Tkemaladze  (New Vision University / Georgian Association of Arbitrators)
“May” Means “Shall” in Georgia - Supreme Court of Georgia Upholds a Permissive ICC Arbitration Clause
February 18, 2019

“May” means “Shall” in Georgia! – this was the telephone message I received on January 18, 2018 from a colleague who had just been informed in the courtroom that the ICC arbitration clause he was…

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Alexander Kostin , Ekaterina Berezina  (Khrenov & Partners)
Issue Estoppel and Public Order in the Context of International Commercial Arbitration: The Russian Approach
February 06, 2019

The Supreme Court of the Russian Federation recently ruled that initiation of a second arbitration from the same contract violates the principle of legal certainty which forms part of the Russian…

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Roman Zykov  (Russian Arbitration Association)
The Statistical Analysis of the Application of the New York Convention in Russia
February 04, 2019

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York) celebrated its 60th anniversary in 2018 (“Convention”). Since its inception, 159 Contracting States have…

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Alexey Yadykin , Noah Rubins  (Freshfields Bruckhaus Deringer LLP)
Russian Courts Hold an ICC Arbitration Clause to Be Unenforceable
November 28, 2018

In February 2018, the Arbitrazh (Commercial) Court of the City of Moscow issued a ruling  denying the recognition and enforcement of an ICC award issued in favor of Dredging and Maritime…

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Mykhailo Soldatenko  (Asters)
Ongoing Territorial Challenges in Crimea Cases: Putting Everest v. Russia in Context
November 05, 2018

After the 2014 Russian annexation of Crimea, the new local “authorities” have taken a number of privately and state-owned assets in the peninsula.  Ukrainian companies have commenced at least eight…

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Mikhail Samoylov  (Egorov Puginsky Afanasiev & Partners)
The Material Scope of the 1958 New York Convention: Russian Courts Make It Broader
September 25, 2018

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) has its own scope - it states that it “shall apply to the recognition and enforcement of arbitral…

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Danilo Ruggero Di Bella  (Bottega Di Bella)
Could ENI Bring an Arbitral Claim Against Turkey for Obstructing Oil Exploration in Cyprus’ Waters? The Extra-Territoriality of BITs Against Occupying Powers
May 27, 2018

This post navigates the possibility of expanding the protection of a Bilateral Investment Treaty (BIT) to foreign investments made in the territory of a country, which is partially occupied by the…

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