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Winter Academy on International Arbitration

by and 2 Mins Read

On January, 11-16 the Russian Institute of Modern Arbitration will hold the Academy on International Arbitration titled “Beyond the Imaginable Borders: Transformation of Arbitration”. The Academy will touch upon the most innovative topics and cover the transformation of the well-known concepts of arbitration in the technological era such as validity of arbitration agreements, choice of law, due process, confidentiality and its cyber risks, etc. Apart from theory, the participants will have an opportunity to get…

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In Arbitration Agreements

Russia: An ICC Clause providing for international arbitration under Arbitration Rules of the ICC found unenforceable

by 5 Mins Read

An award creditor, Dredging and Maritime Management SA (“DMM”) sought to recognize and enforce an ICC award issued on 15 September 2014 in a Geneva-seated arbitration.[1] In addition to arguments on violation of public policy due to enabling a material breach of the rights of other creditors[2] the Moscow Arbitrazh Court accepted the respondent’s argument that the ICC arbitration court lacked competence to resolve the dispute. The arbitration clause was as follows: “Any dispute that…

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In Arbitration Agreements

Swedish Appeal Court rules that arbitral tribunal should not have heard Yukos claims

by 6 Mins Read

In its judgment of 18 January 2016[1], the Svea Court of Appeal overturned the Stockholm District Court’s judgment and approved the Russian Federation’s plea for negative declaratory relief. Contrary to the Stockholm District Court, the Svea Court of Appeal found that the arbitral tribunal lacked jurisdiction to adjudicate the claim made by Spanish investors against the Russian Federation originating from the alleged expropriation of the Spanish investor’s investments in Yukos Oil Company. The Svea Court…

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