Litigation/Dispute Resolution

Russia Reacts: Impact of Sanctions on International Arbitration Involving Russian Parties

Sanctions imposed by the U.S.A, the EU, and other jurisdictions in relation to certain Russian individuals and legal entities have had a substantial impact on international arbitration involving Russian parties. There exist serious concerns as to the ability of sanctioned Russian parties and their contractual counterparts to realize their right to defend themselves in the course of arbitration proceedings. These concerns have led to changes in market practice regarding the choice of the arbitration forum and to some legislative proposals in Russia that, if implemented, would have a dramatic impact on international arbitration involving Russian parties.

The Gordian Knot of Ukrainian Gas Transmission System Unbuilding

Halfway through 2019 Ukraine has already seen major changes in its energy sector’s legal framework, including the effect of the recent decision of the Constitutional Court of Ukraine involving the legal status and decision-making authority of the Ukrainian energy market regulator (the “Regulator”). The shockwaves are likely to go far beyond 2019.

Foreign Litigants in Ukrainian Proceedings: Challenges and Opportunities

Cross-border commercial disputes often raise a number of issues concerning the treatment of foreign litigants in domestic proceedings. A complete overhaul of Ukraine’s procedural rules back in 2017 included a number of specific rules for foreign litigants that they must consider, especially when they have no local presence or assets in Ukraine.

The Changing Landscape of International Arbitration in China

Ever since the Arbitration Law of the People’s Republic of China (the “Chinese Arbitration Law”) was enacted in 1994, the landscape of Chinese commercial arbitration has gone through a profound change. At the end of 2017, there were 251 arbitration institutions in China. With experience gained over the past two decades, some institutions, such as the Beijing Arbitration Commission/ Beijing International Arbitration Center (the “BAC/BIAC”), have won a reputation for high quality within the international arbitration community and have become popular for cross-border dispute resolution among both Chinese and foreign parties. Parties who intend to settle cross-border disputes by arbitration in China are well-advised to learn more about this important option.

The New Supreme Court of Ukraine – The New Wine or the Old Wineskins?

The main event of 2017 in Ukrainian dispute resolution (and maybe for all legal practices) is certainly the formation of a new Supreme Court.

Innovations in the Code of Civil Procedure of Lithuania – Significant Help for Litigators

A package of amendments to the rules of the Civil Procedure Code came into effect in Lithuania on July 1, 2017. A number of these amendments are significant for business and for advocates.

The Latvian Supreme Court Clarifies Recovery for Cancellation of Leasing Contract

In Latvian Case SKC-176/2017, lessor Swedbank Leasing resold the lease objects to another buyer after lessee Mednis had made full payment, such that, according to the judgment of the arbitration court, at the moment the objects were resold the lessee was not in debt to the lessor.