Posts from Norton Rose Fulbright

Why the Prague Rules may be needed?

The so-called Prague Rules were published in draft form very early on. Since then, there have been a number of revisions with updated drafts being published. This was perhaps one of the reasons why they attracted so much attention (primarily in the form of criticism) from the arbitration community. With one final revision of the … Continue reading Why the Prague Rules may be needed?

Presumption of confidentiality in international commercial arbitration

In a recent article, Constantine Partasides QC and Simon Maynard argued that the presumption of confidentiality in the English Arbitration Act 1996 (AA 1996) should be reversed. According to the authors, this would not prevent parties who wish to opt for confidentiality from doing so, but would hopefully address the concerns which the public at … Continue reading Presumption of confidentiality in international commercial arbitration

Should arbitral tribunals determine applicable law as a preliminary issue?

A recent ruling of the Supreme Court of Russia took upon an interesting, even though not very common question of whether an arbitral tribunal has a duty to determine the law applicable to the merits of the case as a preliminary issue (Case No. А40-42294/2016). Usually, the parties to a cross-border contract ensure that the … Continue reading Should arbitral tribunals determine applicable law as a preliminary issue?

Arbitration of shareholders disputes in Russia: bending natural limits of arbitration?

It is trite law that arbitration is a consensual matter. The source of arbitrators’ powers is found in the relevant arbitration agreement. By contrast, parties have access to at least some competent court as of right, and the court’s power is vested in the relevant procedural law. This distinction has a number of important practical … Continue reading Arbitration of shareholders disputes in Russia: bending natural limits of arbitration?

No money: no arbitration? Reflections on recent Russian cases

It is no secret that arbitration can be expensive. Clearly, many parties do not take this into account when agreeing to an arbitration clause in a contract. But can the fact that the proceedings turn out to be too expensive for one of the parties be a ground for walking away from the agreed method … Continue reading No money: no arbitration? Reflections on recent Russian cases

The RAA Survey shows that sanctions imposed on Russia have had a very limited impact on Russia-related arbitrations

Sanctions imposed against certain Russian persons in relation to the situation in Ukraine have been a hot topic for the Russian arbitration community over the past two years, triggering discussions at numerous seminars, conferences and symposia. However, a recent survey conducted by the Russian Arbitration Association (RAA) suggests that all of this may have been … Continue reading The RAA Survey shows that sanctions imposed on Russia have had a very limited impact on Russia-related arbitrations

Machine arbitration: will we be out of our jobs in 20 years?

Legal writings and conference papers discussing technology in arbitration almost inevitably touch upon the ability of artificial intelligence (AI) to assume the decision-making role. In a recent Young ICCA blog post on machine arbitration and machine arbitrators, Jack Wright Nelson offers an interesting analysis as to why this type of dispute resolution would be acceptable. 

Privilege and parties’ expectations in international arbitration

Legal privilege was developed in common law jurisdictions to limit the scope of parties’ disclosure obligations under the local rules of civil procedure. However, since the disclosure obligations in continental procedural law traditionally were very limited, no corresponding privilege rules were developed in civil law jurisdictions.

Anti-arbitration injunctions in Russia?

Russian commercial courts, among other things, are known for their reluctance to issue interim measures. For that reason alone, two recent rulings, where the courts at first instance actually granted anti-arbitration injunctions, were bound to attract more attention than they would otherwise deserve. These decisions were successfully overturned, demonstrating that the risks of Russian courts granting … Continue reading Anti-arbitration injunctions in Russia?

The Supreme Court rules on the exchange rates risks allocation in the award enforcement context

Currency exchange fluctuations are an inherent risk in international trade and consequently in cross-border disputes. While contractual risks can be taken care of at the time of contracting, disputes will inevitably unfold over a certain (rather unpredictable) period of time. This makes parties particularly vulnerable to developments affecting the value of the currency of the debt.

Will Russian arbitration law reform make Russia a more attractive arbitration seat?

It is no secret that Russia is not among the most popular venues for international commercial arbitration. There may be many reasons for this, including purely logistical ones (such as visa requirements and lack of appropriate hearing centres). Nevertheless, in addition to considerations of convenience, the real reason is likely to be users’ concern regarding … Continue reading Will Russian arbitration law reform make Russia a more attractive arbitration seat?