RECENT DEVELOPMENTS IN “CRIMEAN” INVESTMENT ARBITRATION CLAIMS

As we previously reported[1], the events of 2014 in Crimea have, aside from their geopolitical impact, also resulted in numerous investment arbitration claims being brought against Russia by Ukrainian companies in relation to their assets and investments in Crimea.  While these cases are ongoing, and while there are limited details in the public domain, the … Read more

UKRAINIAN ARBITRATION CLAIMS FOLLOWING EVENTS IN CRIMEA

London-based partner Nicholas Peacock has authored an article for Law360, together with former Herbert Smith Freehills intern Paula Daniela Cala, covering Ukrainian arbitration claims against Russia arising out of events in Crimea in 2014. Read more

VIAC TO BECOME SECOND FOREIGN INSTITUTION ACCREDITED TO HEAR RUSSIAN CORPORATE DISPUTES

On 18 June 2019, the Vienna International Arbitral Centre (“VIAC“) received a recommendation to be recognised as a “permanent arbitration institution” (“PAI“) in Russia. Coming only a few months after the Hong Kong International Arbitration Centre (“HKIAC“) became the first foreign institution to receive PAI status, this development is yet another milestone in the rapidly … Read more

RUSSIAN ARBITRATION REFORM: RECENT AMENDMENTS AND PRACTICAL IMPLICATIONS

On 29 March 2019, a series of amendments to Federal Law No. 382-FZ “On Arbitration (Arbitration Proceedings) in the Russian Federation” came into force. The amendments, which were predominantly introduced by Federal Law No. 531-FZ of 27 December 2018 (the “Amending Law“), are an attempt to address various issues that have arisen from the implementation … Read more

WIND OF CHANGE IN RUSSIAN ARBITRATION: REVIEW OF SUPREME COURT CLARIFICATIONS

The Russian arbitration landscape is undergoing some major changes. Just a few years ago, in 2016, the arbitration regime in Russia was radically reformed with clarifications around the use of arbitration in corporate disputes, and the introduction of an accreditation regime for “permanent arbitration institutions”. While these reforms were aimed at strengthening the legitimacy of … Read more

HKIAC BECOMES FIRST FOREIGN INSTITUTION ACCREDITED TO HEAR RUSSIAN CORPORATE DISPUTES

On 4 April 2019, the Hong Kong International Arbitration Centre (HKIAC) received approval to be recognised as a “permanent arbitration institution” in Russia. The HKIAC is the first foreign institution to receive such approval, which marks an unprecedented change in the Russian arbitration landscape. Obtaining the “permanent” status means that the HKIAC will be able … Read more

Section 67 and 68 challenges to LCIA award dismissed

In the highly complex and contentious case of Filatona Trading Ltd and another v Navigator Equities Ltd and others [2019] EWHC 173 (Comm), the English High Court dismissed an attempted challenge to an LCIA award brought on the grounds of jurisdiction (s.67 Arbitration Act 1996) and serious irregularity (s.68 Arbitration Act 1996). In particular, the Court … Read more