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Regular version of the site


The Changing Paradigm of Dispute Resolution and Investment Protection in Post-soviet and Greater Eurasian Space

MARIS, 2019.
Under the general editorship: A. Aseeva, J. Górski, K. L. YIP, D. Kotova, A. Tugushev.

This Special Issue raises the following points:

Government-to-Government Dispute Resolution

  • governance and decision-making in the EAEU,
  • operation and case-law of the EAEU Court,
  • governance and decisions making in the CIS,
  • operation and case-law of the CIS Economic Court,
  • dispute settlement under FTA collectively concluded by all EAEU members with third countries,
  • WTO DSU disputes between Russia and the EU regarding mutually imposed sanctions,
  • territorial disputes and border delimitation along the NSR,
  • claims to natural resources in extended continental shelf (ECS) under the United Convention of the Law of the Sea (UNCLOS),
  • disputes leading to a conclusion of the 2018 Convention on the Legal Status of the Caspian Sea (Aktau Convention).

Investor/Business-to-Government Dispute Resolution

  • the network of BITs and investment-related FTAs chapters concluded by former Soviet republics between them and with third countries along with case studies of disputes resolved based on their provisions,
  • investors' protection under FTAs collectively concluded by the EAEU, the case study of the investment chapter of the EAEU-Vietnam FTA,
  • the case law under the implementation of the Energy Charter Treaty in the former Soviet Republic, the implications of Bucharest Energy Charter Declaration for post-Soviet space;
  • non-discriminatory access to government contracts and participation in public-private partnerships along with domestic challenge procedures replicating requirement of the WTO GPA,
  • conditions of foreign investments in SEZs with emphasis on mechanism of resolution of potential disputes with administrators of such zones,
  • terms and conditions of production-sharing agreements along with their dispute resolution rules,
  • interference of MDB and other financing institutions with the dispute resolution between borrowing/institutions and general contracts selected by such institutions to carry out finance projects,
  • controversies between foreign shipping companies and Russian authorities regarding freedom of navigation (FON) and safety of navigation and marine pollution along the NSR,
  • non-discriminatory access to navigation, ice-advisory and ice-breaking services and to post infrastructure along the NSR, along with domestic procedure allowing foreign vessels operators to challenge the conduct of Russian authorities and SCEs with monopolies over NSR-related services.

Business-to-Business Dispute Resolution

  • practical dimension of ADR preferred choice of law, forum, language etc) in commercial relations of entities based in post-Soviet jurisdictions in between them and with trade countries, of particular interest are practical issue arising out of trade with China, Iran and Turkey,
  • commercial arbitration and mediation-related development in national law of former Soviet Republics,
  • operation and case law of the RFCCI ICAC,
  • bespoke solution of non-regional arbitration centers for post-Soviet space, including HKIAC, CIETAC, CIETAC HK etc.,
  • recognition of arbitral awards and foreign judgments in post-Soviet jurisdictions,
  • adequacy of the Russian implementation of conventions related to covering liability and compensation at sea for the increased trade flows along the NSR, including 1) 1992 Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND), 2) 1996 Protocol to the Convention on Limitation of Liability for Maritime Claims (LLMC) 1976, 3) International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS), and 4) International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER).

Case Studies

  • discussion of specific ISDS cases,
  • discussion of specific energy related-projects, including investment in exploitation/expansion of specific hydrocarbon deposits and development of power/cogeneration plants along with the financing arrangements, dispute resolution and social/environmental/sustainability aspect of such particular projects,
  • specific transportation projects (rail, road, marine infrastructure) along with the financing arrangements, dispute resolution and social/environmental/sustainability aspects of such particular projects.
The Changing Paradigm of Dispute Resolution and Investment Protection in Post-soviet and Greater Eurasian Space