Article
Признание исполнение решения, вынесенного усеченным трибуналом: к вопросу о пределах процессуального публичного порядка
Anonymized extracts from awards and orders rendered by ICAC.
The article discusses questions about the possibility of canceling an arbitral award in a country that was not a place of arbitration. At first glance, it might seem that the provisions of Article III of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, according to which each state party “recognizes arbitral awards as binding and enforces them in accordance with the procedural rules of the territory where the recognition and enforcement of these decisions is requested ”, gives a guarantee to the participants in legal relations for a transparent and predictable enforcement of decisions of foreign courts, which is so important for implementation of cross-border transactions. However, in fact, in the enforcement process, given the legal provisions of national law, it turns out that the provisions of the Convention are not so straightforward.
The paper presents an analysis of American case law regarding disputes from consumer contracts, in which there were interstate conflicts. It is investigated what impact the applicable law provides for the court's decision to note a class action. The author also explored the ways to "bypass" the applicable law clause in consumer contracts. In order to protect the "weaker party" courts use the doctrine of public policy, the theory of interest analysis, the principle of closest connection.
The International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (the ‘ICAC’) is a recognized arbitral institution based in Moscow that has a long experience of administering transnational commercial arbitrations. Most frequently disputes decided by the ICAC tribunals arise out of commercial contracts of sale of goods, services, works, and lease. This paper tracks step-by-step the past of the ICAC which came into being and earned international recognition in the early period of Soviet history. The paper offers an overview of the most significant features of ICAC’s present status, organization and proceedings, in the light of the recent arbitration law reform in Russia, and presents related statistical data. The issues of applicable law and composition of the arbitral tribunals are also given due attention. The paper discusses why this arbitral institution deserves special attention when choosing a dispute resolution procedure in a case involving at least a party related to Eastern Europe and CIS.
The book was prepared by a team of leading Russian and foreign practitioners in the field of international arbitration. The book discusses the issues of recognition and enforcement of foreign arbitral awards in Russia and the countries of the former USSR, as well as issues of challenging in Russian courts of arbitral awards rendered in some other countries.
Strong distinction between contractual claims and claims arising out of bilateral investment treaties (BIT) exists in modern investment disputes resolution. This distinction has a practical importance when the competence of international tribunal to decide the claim is in question, because investment contract and BIT contain different dispute resolution provisions. The common mechanism of dealing with this conflict is introduction of umbrella clause in the particular BIT. Umbrella clause is the clause lifting the breach of contract between investor and host state to the level of breach of BIT between this state and investor’s home country. The role of umbrella clauses in international investment law and the issue of competence conflicts arising of them are analyzed in this article.
The collection has been prepared to mark the 85th anniversary of the International Commercial Arbitration Court (ICAC) at the Chamber of Commerce and Industry of the Russian Federation. It contains anonymized extracts from awards and orders rendered by arbitral tribunals in 107 ICAC cases since 17 February 2003 till 13 July 2016.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/