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Проблемы присуждения компромиссных и приблизительных убытков в решениях международных арбитражных судов

Вопрос корректного и адекватного подсчета убытков во время вынесения решений международных арбитражных судов в спорах как публично-правового, так и частноправового характера, достаточно часто сопровождается рядом проблем. Необходимость проведения многоступенчатого экономического анализа, который может лежать за пределами квалификации арбитров, непредоставление сторонами убедительных доказательств касательно понесенных убытков, требования о присуждении упущенной выгоды, — совокупность всех этих факторов […]

Courts consider effects of a change of parties during arbitration proceedings

Introduction As a general rule, an arbitration agreement extends to the parties that are directly bound by its terms. However, the parties to the arbitration agreement sometimes change during the course of performance of the contract or at various stages of the arbitration proceedings. This usually happens as a result of a transfer of rights […]

Enforcement in Ukraine of Foreign Court Orders Granting Provisional Measures in Support of Arbitration

It is widely accepted that successful outcome of international commercial arbitration proceedings often depends on timely obtained provisional measures designed to protect either the lawful interests of the parties or property in dispute until the final arbitral award on the merits is issued. Although provisional measures may be obtained from an arbitral tribunal handling respective […]

AAA’s Revised Commercial Arbitration Rules

AAA has issued revised Commercial Arbitration Rules that will apply to cases filed as of October 1, 2013. The revisions include: a mediation step for all cases with claims of $75,000 or more (subject to the ability of any party to opt-out) arbitral control over information exchange (discovery) the availability of emergency measures of protection […]

Abu Dhabi centre introduces new rules

GAR informes that for the first time since it was founded 20 years ago, the Abu Dhabi Commercial Conciliation and Arbitration Centre has updated its arbitration rules, including new provisions on confidentiality, interim measures and arbitrator liability. The new Procedural Regulations of Arbitration, which came into effect on 1 September, have drawn on various sources […]

Presentation of new online platform of New York Convention

Note from the website: Welcome to This website was created to host information on the implementation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed in New York on 10 June 1958, with a view of promoting its uniform and effective application throughout the world. The website provides access to […]

New Rules on Transparency in Treaty-based Investor-State Arbitration

On 11 July 2013, the United Nations Commission on International Trade Law (“UNCITRAL”) adopted new Rules on Transparency in Treaty-based Investor-State Arbitration (the “Transparency Rules”), which will come into effect from 1 April 2014.

Applicable law in contractual disputes: recent arbitration practice

It is standard practice for parties to international contracts to agree on the particular law that will apply to the contract on the basis of the principle of autonomy of the parties. Despite the simplicity of choice of law clauses, from time to time such clauses may not be interpreted unequivocally and disputes arise. The […]

Guidelines on Party Representation in International Arbitration

On 25 May 2013 the International Bar Association, widely known for promotion of high standards in international arbitration, has adopted the Guidelines on Party Representation in International Arbitration. It is stated on the IBA’s web site that this document was inspired by the principle that party representatives should act with integrity and honesty and should […]

The new Vienna Rules 2013

The last steps in the comprehensive review process of our arbitration rules are completed. The final version of the revised Vienna Rules was adopted by the Extended Presiding Committee of the Austrian Federal Economic Chamber on 8 May 2013. The new Vienna Rules 2013 will take effect on 1 July 2013 and apply to all […]