#02 February 2010

In focus – International Arbitration

At present businesses tend to secure their activities by including an arbitration clause into commercial contracts. Despite the expense, the procedure is recognized to be more flexible and enforceable compared to litigation. Despite the low level of trust in the court system, transparency and the high professional level of arbitrators are becoming the core benefit for doing cross-border business

Expert Opinion

Enforcement of Foreign Arbitral Awards in Ukraine: Mind the Gaps!

Pavlo I. Byelousov, Sergiy O. Uvarov

A first glance at Ukrainian legislation concerning recognition and enforcement of foreign arbitral awards will make you believe that Ukraine is a quite arbitration friendly jurisdiction

In Re

WATCH YOUR STEP: the Life and Times of Multi-tier Dispute Resolution Clauses

Oleksandr A. Gudko

Not long ago the contractual clauses dealing with dispute resolution were largely limited to more or less standard arbitration clauses or forum selection clauses. In recent years, thanks mainly to the increasing popularity of ADR as well as the growing complexity of international transactions, contracts tend to contain more and more sophisticated dispute resolution clauses

ARBITRATION IN CRISIS: Cost-Effective Considerations

Yuliya S. Chernykh

This article begins a series of articles dedicated to some trends in international arbitration which have been developed either simultaneously with or following the world financial crisis. The discussion of the effect of the crisis on certain areas of the economy and life has bored everyone to death

Arbitration Disputes at the LMAA

Arthur A. Nitsevych, Nikolay V. Melnykov

The London Maritime Arbitrators Association (LMAA) is, as its name implies, an association of maritime arbitrators practicing in London. It exists to promote and support maritime arbitration. About 90% of goods are moved by sea today. Obviously, the number of disputes in this sphere is big. LMAA is considered a world-wide leader in commercial maritime dispute resolution

How To

Non-residents Rush to ICAC! How Ukrainians Avoid Paying for Goods Received

Yuliya Y. Cherkashina, Oleksandra A. Hlozman

Ukrainian companies (the Buyers) are increasingly stretching out payments for the goods received or missing them altogether. They deny the fact of the receipt of goods and refuse to make any payment. The question arises: How shall a non-resident supplier act if a Ukrainian customer refuses to make payment for goods, claiming that he hasnt received the latter?

Global Legal Update

International Arbitration: Some Reflections on Jurisdiction and Admissibility

Nikita V. Nota

The distinction between the concepts of jurisdiction and admissibility in international arbitration is one of those instances in which practitioners, arbitrators and academics are still looking for a common view. Although the concepts of jurisdiction and admissibility received extensive treatment in the jurisprudence of the International Court of Justice, neither the provisions of national arbitration laws, nor the UNCITRAL Arbitration Rules, nor the BITs, nor the ICSID Convention provide directly for objections to admissibility

Recognition and Enforcement of Arbitral Awards in Nigeria and Ukraine under the New York Convention

Peter Kayode Oniemola

International arbitration is a potent mechanism for alternative dispute resolution, which has been employed in international commercial transactions to settle disputes without recourse to litigation. However, the credibility of international arbitration as an effective dispute settlement system depends on arbitral awards being legally binding and enforceable both at the place where they are rendered and at the place where the award debtor has assets or where the award is sought to be enforced

Argument

The Useful Effect Doctrine: Precedent vs Legislative Enactment Approaches of EC Competition Law and Ukraine

Oleh I. Furmanchuk

According to the 2008 Yearly Report of the Antimonopoly Committee of Ukraine (the AMCU), 658 cases regarding anti-competitive actions by bodies of power were investigated by the AMCU and its bodies in the period of 2004-2008

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