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Enforcement Of Foreign Arbitral Awards In Russia
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Book Synopsis Enforcement of Foreign Arbitral Awards in Russia by : William R. Spiegelberger
Download or read book Enforcement of Foreign Arbitral Awards in Russia written by William R. Spiegelberger and published by Juris Publishing, Inc.. This book was released on 2014-08-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforcement of Foreign Arbitral Awards in Russia presents issues peculiar to the Russian legal system and legal culture generally. The culmination of perhaps years of arbitration, enforcement of arbitral awards is a crucial element of arbitration and a subject best not taken lightly or left to the last minute. The Enforcement of Foreign Arbitral Awards in Russia parses the judgments of Russian courts, with a particular focus on the decision-making processes of Russian judges as reflected in their judgments. The Enforcement of Foreign Arbitral Awards in Russia addresses several questions, such as: • Which Russian courts enforce awards and what are they like? • What laws, treaties, and rules apply? • How do the courts reach their decisions? • Do those courts sometimes reach anomalous conclusions? • What should an applicant for enforcement watch out for? • What are the common pitfalls? With the help of Enforcement of Foreign Arbitral Awards in Russia non-Russian readers will be able to ask intelligent questions, earlier rather than later, of the local counsel who will be making an application for enforcement in the Russian courts.
Book Synopsis Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States by : Roman Zykov
Download or read book Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States written by Roman Zykov and published by Kluwer Law International B.V.. This book was released on 2021-04-22 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English – thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world – it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.
Book Synopsis Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States by : Roman Zykov
Download or read book Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States written by Roman Zykov and published by Kluwer Law International. This book was released on 2021-04-22 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English - thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world - it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.
Book Synopsis Arbitration in Russia by : Andrey Kotelnikov
Download or read book Arbitration in Russia written by Andrey Kotelnikov and published by Kluwer Law International B.V.. This book was released on 2019-07-03 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Russia has generally followed the New York Convention, the UNCITRAL Model Law and the European Convention on Arbitration since the 1990s, it was not until the reforms of 2015–2017 that arbitration in Russia became fully aligned with international commercial arbitration standards. This book by prominent Russian authorities explains the current legal landscape in the aftermath of the reforms, providing clear information and guidance to the worldwide community of arbitrators, dispute resolution practitioners and academics in the field. This book provides comprehensive coverage of current Russian law on domestic and international arbitration, addressing the stages of arbitration proceedings from the conclusion of an arbitration agreement to enforcement of foreign arbitral awards. The authors discuss the major theoretical and practical issues that have occupied the Russian courts and legal scholars over recent decades and draw parallels with other states and accepted international practices, emphasising issues that are of particular importance to foreign investors and their Russian partners. Detailed examinations include the following: regulatory sources; permanent arbitral institutions with government permission to operate; legislative provisions concerning judicial control of arbitration; arbitrability of disputes; interim measures; status of arbitrators and their powers; liability of an arbitrator; rules of evidence in arbitral proceedings; challenging arbitral awards and their enforcement; grounds for refusing enforcement of an international commercial arbitral award; grounds for setting aside of arbitral awards and their enforcement; costs and fees in arbitration; and the public policy exception. This book takes account of both the most significant Russian works on the theory of arbitration law and relevant judicial and arbitration practice. As a comprehensive guide to every aspect of international and domestic arbitration in the Russian Federation, this insightful commentary will be welcomed by legal practitioners worldwide dealing with an ongoing or contemplated arbitration or enforcement of an arbitral award in Russia. It will also serve as a point of reference providing international legal scholars, researchers and students with an authoritative explanation of the legal regulation of arbitration and the approaches adopted in Russian doctrine and legal practice.
Book Synopsis Enforcing Foreign Arbitral Awards Against Russian Entities by : Kaj Hobér
Download or read book Enforcing Foreign Arbitral Awards Against Russian Entities written by Kaj Hobér and published by . This book was released on 1994 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration of disputes involving Russian entities has increased significantly since the breakup of the Soviet Union. Kaj Hober, with his expertise in Russian & Swedish arbitration & legal systems, guides you through the procedural framework for enforcement of awards as well as all the practical considerations. With this one handy reference, you can secure your judgment & do business with confidence.
Book Synopsis Recognition and Enforcement of Foreign Arbitral Awards by : Herbert Kronke
Download or read book Recognition and Enforcement of Foreign Arbitral Awards written by Herbert Kronke and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: The analysis thoroughly covers the major issues that have arisen in the application of the Convention, including the following: - the use of reservations made by Contracting States; - the distinctions between recognition and enforcement and between recognition sought at the seat of the arbitration and outside the seat; - the role of the courts in reviewing arbitral awards and, in particular, the Convention's focus on safeguarding due process standards; - the more favourable rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - the role of formalities and formalism. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.
Book Synopsis Enforcement of Foreign Arbitral Awards by :
Download or read book Enforcement of Foreign Arbitral Awards written by and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Recognition and Enforcement of Foreign Arbitral Awards by : George A. Bermann
Download or read book Recognition and Enforcement of Foreign Arbitral Awards written by George A. Bermann and published by Springer. This book was released on 2017-07-17 with total page 1102 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention’s interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts’ conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention’s interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention’s limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention’s various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention “on the ground.”
Book Synopsis OECD Investment Policy Reviews: Russian Federation 2006 Enhancing Policy Transparency by : OECD
Download or read book OECD Investment Policy Reviews: Russian Federation 2006 Enhancing Policy Transparency written by OECD and published by OECD Publishing. This book was released on 2006-07-10 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2006 Investment Policy Review of the Russian Federation examines developments in Russia's regulatory investment environment since the publication of the 2004 Review, focusing on investment policy transparency and effective implementation.
Book Synopsis Schiedsgerichtsbarkeit und andere Formen alternativer Streitbeilegung by : Alexander Trunk
Download or read book Schiedsgerichtsbarkeit und andere Formen alternativer Streitbeilegung written by Alexander Trunk and published by BWV Verlag. This book was released on 2006-01-01 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Comparative Law Yearbook of International Business by : Christian Campbell
Download or read book The Comparative Law Yearbook of International Business written by Christian Campbell and published by Kluwer Law International B.V.. This book was released on 2020-10-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 42nd issue of the Comparative Law Yearbook of International Business addresses a diverse range of topical issues of national and international consequence. Ranging from an analysis of the pari passu principle and its operation in corporate insolvency in the UK, to international trends regarding mediation and its future development under the new Singapore Convention, the findings presented in the 10 chapters of this edition will interest both those involved in and those studying the legal regime for cross-border business activities. Authors from Argentina, Brazil, Colombia, France, Italy, Japan, Poland, Russia, Taiwan, and the United States of America examine a panoply of matters, e.g. relating to anti-corruption measures, arbitration, company law, competition law, financial law and mediation. The comparative analysis serves to highlight the strengths and weaknesses of approaches adopted, in particular jurisdictions by juxtaposing them with their equivalents in others in North America, Europe and beyond.
Book Synopsis Russian Commercial Law by : Hiroshi Oda
Download or read book Russian Commercial Law written by Hiroshi Oda and published by Martinus Nijhoff Publishers. This book was released on 2007-09-21 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a new and substantially expanded edition of the author’s ‘Russian Commercial Law’ (2001) which has become the standard resource in this area.
Book Synopsis International and National Law in Russia and Eastern Europe by : Ferdinand J.M. Feldbrugge
Download or read book International and National Law in Russia and Eastern Europe written by Ferdinand J.M. Feldbrugge and published by BRILL. This book was released on 2021-11-22 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: The disappearance of the USSR as a superpower, to be replaced by the Russian Federation and a host of new states, has had wide-ranging consequences in the field of law. The establishment of market economies and the need to set up institutional frameworks to foster the rule of law have precipitated comprehensive domestic law reforms in the countries concerned. The major focus of the present work, however, is on the metamorphosis of the network of international law relations, brought about by the fundamental change in the political and constitutional climate and the emergence of numerous new actors. Apart from the relations between states as the classical province of international law, the impact of international law on national legal orders has acquired overwhelming importance and the successor states of the Soviet Union have not escaped the effect of this development. Some of the most urgent questions thrown up by these developments are analyzed by a team of leading legal specialists from the Russian Federation, North America, and Western Europe.
Book Synopsis Arbitration Law of Russia by : Roman Khodykin
Download or read book Arbitration Law of Russia written by Roman Khodykin and published by Juris Publishing, Inc.. This book was released on 2013-02-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive review of the arbitration law and practice in Russia including: discussion of arbitration practice and procedure; an examination of the jurisdiction of the arbitral tribunal; the appointment of arbitrators including the challenge and replacement of arbitrators; an analysis of the various types of awards including a discussion on deliberations, agreements, settlements, and the costs of arbitration; a discussion on the amendment and challenge of awards including the liability of arbitrators; and, a review of the enforcement of domestic and foreign arbitration awards.
Book Synopsis Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr. by : Borzu Sabahi
Download or read book Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr. written by Borzu Sabahi and published by Juris Publishing, Inc.. This book was released on 2014-10-01 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the title suggests, A Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr. is a European style Festschrift or Liber Amicorum, and compiles short essays by eminent scholars and practitioners who have known Prof. Wallace during his long and distinguished career as a Professor of law at Georgetown University Law Center and, among others, as the Chairman of the International Law Institute, the U.S. Delegate to UNCITRAL, the Legal Adviser to the USAID, President of the ABA Section on International Law, presiding officer of the UNIDROIT Foundation, and Of Counsel to a number of prominent international law firms including Winston & Strawn LLP, Morgan Lewis LLP, Arnold & Porter LLP, and Shearman & Sterling LLP. The primary topics covered in the book are: Foreign Investment and Political RiskInternational Investment Law and ArbitrationUnification of Private LawCommercial Law ReformPublic ProcurementRule of Law and Transitional JusticeInternational Business Law and Human RightsLegal Aspects of the United States' Foreign Affairs: Public International Law, Separation of Powers and Terrorism. Professor Wallace's friends, including the co-editors, have submitted 45 essays including a biographical piece prepared by the editors to this volume.
Book Synopsis Law and Practice of International Arbitration in the CIS Region by : Kaj Hober
Download or read book Law and Practice of International Arbitration in the CIS Region written by Kaj Hober and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: The former Soviet republics of the Commonwealth of Independent States (CIS) generate a significant and growing amount of work for the major Western and CIS regional international arbitral institutions. This book, a country-by-country analysis of regulation and practice of international arbitration in ten CIS jurisdictions, offers the first comprehensive review of commercial arbitration in the region. It also analyses notable developments in the use of arbitration mechanisms contained in bilateral and multilateral investment treaties affecting the region. The book provides not only a detailed analysis of the law, but also insight from local practitioners into the culture of arbitration and how the law is applied in each jurisdiction. Jurisdictions covered include Armenia, Azerbaijan, Belarus, Kazakhstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan. In addition to detailed discussion of the particular features of arbitral practice in each jurisdiction, contributions cover the following issues and topics: • arbitrability of disputes and public policy; • arbitral procedure; • recognition and enforcement of commercial and investor-state arbitration awards; • implementation of the UNCITRAL Model Law and other instruments affecting arbitral practice and procedure; • statistics from key arbitration institutions; • adherence to the ICSID, New York and key regional conventions relevant to arbitration; • relevant regulations, cases as well as applicable bilateral investment treaties; • law and practice related to investor-state arbitration; and • role of the Court of the Eurasian Economic Union. An informative introductory chapter provides detailed discussion and analysis of historic and current trends affecting arbitration practice among the CIS countries, including the role of regional conventions relatively unknown in the West. As a comprehensive overview of international arbitration in this burgeoning region, this book has no peers. It is sure to be highly valued and used by lawyers, arbitrators, and academics concerned with alternative dispute resolution, as well as by arbitration institutions, companies, states, and individuals engaged in arbitration.
Book Synopsis The Energy Charter Treaty:An East-West Gateway for Investment and Trade by : Thomas Walde
Download or read book The Energy Charter Treaty:An East-West Gateway for Investment and Trade written by Thomas Walde and published by Kluwer Law International B.V.. This book was released on 1996-07-25 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Energy Charter Treaty, initiated by the 1991 European Energy Charter and completed in December 1994, is an innovative major multilateral investment and trade treaty. The book has an introduction by Ruud Lubbers who, as the Dutch Prime Minister, played the key role in initiating the Energy Charter negotiations. It brings together contributions on the energy/investment background, the geopolitical context, the Energy Charter negotiations and the relevant specific topics of the Treaty (focusing on investment and trade, but also environment, competition and transit) by the key specialists on the subject, ranging from countries such as the US (which in the end decided not to join the Treaty) to Russia and Kazakhstan, including energy and investment specialists, international investment and commercial lawyers and arbitrators. The contributors include noted international energy/economic law authorities, but also key participants and observers of the Treaty negotiations. This book is intended to provide the first authoritative analysis of the background, negotiations and content of the Energy Charter Treaty and to provide support and guidance for subsequent negotiations and the difficult challenges involved in interpretation and application of the Treaty. It will be an essential tool for anybody working with the Energy Charter Treaty. The book contains in its annex the major documents of the Treaty: The 1991 European Energy Charter, the 1994 Treaty and its relevant Protocols, Annexes, Understandings and Final Act Declarations.
