Law and Practice of International Arbitration in the CIS Region

Kaj Hober · Yarik Kryvoi

Apr 2016 · Kluwer Law International B.V.

Ebook

656

Pages

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About this ebook

The former Soviet republics of the Commonwealth of Independent States (CIS) generate a significant and growing amount of work for the major Western and CIS regional international arbitral institutions.

This book, a country-by-country analysis of regulation and practice of international arbitration in ten CIS jurisdictions, offers the first comprehensive review of commercial arbitration in the region. It also analyses notable developments in the use of arbitration mechanisms contained in bilateral and multilateral investment treaties affecting the region.

The book provides not only a detailed analysis of the law, but also insight from local practitioners into the culture of arbitration and how the law is applied in each jurisdiction. Jurisdictions covered include Armenia, Azerbaijan, Belarus, Kazakhstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan.

In addition to detailed discussion of the particular features of arbitral practice in each jurisdiction, contributions cover the following issues and topics:

• arbitrability of disputes and public policy; • arbitral procedure; • recognition and enforcement of commercial and investor-state arbitration awards; • implementation of the UNCITRAL Model Law and other instruments affecting arbitral practice and procedure; • statistics from key arbitration institutions; • adherence to the ICSID, New York and key regional conventions relevant to arbitration; • relevant regulations, cases as well as applicable bilateral investment treaties; • law and practice related to investor-state arbitration; and • role of the Court of the Eurasian Economic Union.

An informative introductory chapter provides detailed discussion and analysis of historic and current trends affecting arbitration practice among the CIS countries, including the role of regional conventions relatively unknown in the West.

As a comprehensive overview of international arbitration in this burgeoning region, this book has no peers. It is sure to be highly valued and used by lawyers, arbitrators, and academics concerned with alternative dispute resolution, as well as by arbitration institutions, companies, states, and individuals engaged in arbitration.

About the author

Prof Dr Kaj Hoberis Professor of International Investment and Trade law at Uppsala University. Prior to that he was Professor of East European Law at Uppsala University (1997-2009) and Professor of International Law at the Centre for Petroleum & Mineral Law & Policy, University of Dundee (2010). He has more than thirty years of experience - as legal advisor, counsel and arbitrator - of international arbitration, including East-West disputes and investment treaty disputes. He has written several books and numerous articles on Soviet and Russian law, international arbitration and international investment and trade law. He is also an associate member of 3 Verulam Buildings, Gray's Inn, London and Chair of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce. Prof Dr Yarik Kryvoiis the Senior Research Fellow in International Economic Law and Director of the Investment Treaty Forum at the British Institute of International and Comparative Law. He is also a Professor of Law at the University of West London and teaches arbitration at the Chartered Institute of Arbitrators. He has several years of experience practicing international dispute resolution with leading international law firms in London, Washington, D.C. and Saint Petersburg. Professor Kryvoi has advised governments, international organisations and major international corporations on issues of international law and dispute resolution under ICSID, UNCITRAL, ICC, LCIA and SCC rules. He is the founder of the CIS Arbitration Forum and has also served as a counsel for the Economic Court of the Commonwealth of Independent States advising on issues of international administrative law. He holds law degrees from Harvard, Moscow, Nottingham, Utrecht and St Petersburg and is admitted to practice in New York.

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