Section: CIS Arbitration Forum (Russia)
Exclusive Jurisdiction of Russian Courts: The Impact of Sanctions and the Lugovoy Law
Since the annexation of Crimea in 2014, the Russian Federation has been increasingly targeted by economic and other sanctions. After the start of the full-scale war against Ukraine in 2022, Russia became the most sanctioned country in the world. Sanctions target politicians, businessmen, various organizations (both commercial and non-commercial),...
International Conference KYIV ARBITRATION DAYS 2023: think big!
CIS Arbitration Forum is pleased to serve as an information sponsor of KYIV ARBITRATION DAYS 2023: think big! Ukrainian Bar Association invites you to the International Conference KYIV ARBITRATION DAYS 2023: think big! taking place online on December 08, 2023. This Conference is a ‘must attend’ for arbitration professionals who want to keep...
the Ukrainian Arbitration Association’s Annual Conference to take place online
CIS Arbitration Forum is pleased to support the Ukrainian Arbitration Association’s Annual Conference. The Ukrainian Arbitration Association invites you to join our selection of international speakers for a 2-day Arbitration Conference. The organizers have handpicked a stellar cast of leading international arbitration lawyers,...
Crimea-related arbitral award annulled for lack of ratione temporis jurisdiction
On 30 March 2021, the Paris Court of Appeal annulled a 1.1 billion US dollars award against Russia in favour of the Ukrainian state-owned bank Oschadbank for the expropriation of its assets in Crimea. The Court found that the Oschadbank’s investments did not fall within the temporal scope of the Russia-Ukraine 1998 BIT, and therefore […]...
UK court enforced Tatneft’s award despite illegality defense
Ukraine has failed to overturn the enforcement of the investment treaty award won by Tatneft despite a finding by the Commercial Court in London (the „Court”) that a significant portion of the damages awarded related to an illegal purchase of shares. The Court found that under Ukrainian corporate law Tatneft illegally obtained the investments,...
Crimean Legal Saga Continues: Investor Clamors for a Bigger Piece of the Pie
It comes as no surprise that winning a case does not always imply that a party will automatically get paid, which is a recurring challenge in the investor-state dispute settlement (ISDS) context. On November 10, the Supreme Court of Ukraine dismissed a case filed by IKB-Invest seeking to hamper enforcement of an arbitral award in […] …read...
PJSC Tatneft v Bogolyubov and Legal Professional Privilege in English Law
In the recent case of PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 2437 (Comm) the English Commercial Court held that legal advice privilege applies to communications between clients and their in-house lawyers in foreign jurisdictions regardless of the status of the lawyer in that jurisdiction. The dispute arose out of a Ukrainian oil...
The VII International Arbitration Readings in Memory of Academician Igor Pobirchenko
The VII International Arbitration Readings in Memory of Academician Igor Pobirchenko will take place on 17 November 2020 from 11 AM to 2 PM in a hybrid format. This year Readings are dedicated to the open dialogue of public authorities, business and the legal community on the development of international arbitration in Ukraine: Arbitration for...
Applicability of the Estoppel Principle by Ukrainian Courts
In 2020 Ukrainian civil and commercial courts, especially the Supreme Court considerably increased invoking and applying the principle of estoppel to protect legitimate expectations and prevent procedural abuse. This is remarkable because Ukrainian law does not expressly regulate this principle. Estoppel is a legal concept that prevents someone...
Tatneft v Ukraine: U.S. District Court explains impartiality and public policy
By a decision handed down on 24 August 2020 in PAO Tatneft v Ukraine, the United States District Court for the District of Columbia rejected an application by Ukraine to set aside an award enforcement order. Tatneft, the fifth largest oil company in Russia, brought the action to enforce a UNCITRAL arbitral award entered against […] …read...
