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 […]
On 19 January 2013 a new draft of the Ukrainian Law on Restoring Debtor’s Solvency or Declaring Debtor Bankrupt (hereinafter referred to as the “Law”) came into effect. The new draft introduced into Ukrainian legislation the cross-border insolvency concept which is well-known to the majority of jurisdictions.
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 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 […]
The ever growing competition between international arbitration institutions, so clearly observed during the last decade, forces them to comply promptly with the demands of the world commerce and provide business with adequate alternative dispute resolution services. Among other improvements, the most notable, naturally, concern updating the arbitration rules undergone, in particular, by Vilnius Court of […]
The 2008 financial crisis peak had hardly faded away, when another breaking news was brought to the surface in CIS countries: a significant part of the funds advanced during the pre-crisis period by banks and other financial institutions to support various businesses and commercial initiatives, flew beyond national frontiers to be found in Panama, BVI, […]
Article V1(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, better known as the New York Convention,(1) provides that recognition and enforcement of a foreign arbitral award may be refused, at the request of the party against which it is invoked, only if that party furnishes proof to the competent authority […]
The Ukrainian team of the Institute of International Relations of Kyiv National Taras Shevchenko University has been awarded the prize for the Best Team from the Eastern European Regional Group at the 6th Frankfurt Investment Arbitration Moot Competition. AstapovLawyers International Law Group acted as an official sponsor of the moot court, which took place in […]
In the recent years international legal community has been widely discussing the need for, and the limits of, application of the piercing the corporate veil doctrine. Having its origins in common law countries, first and foremost the USA and the UK, the doctrine allows disregarding corporate shield of legal entities and is now quite familiar […]
6 February has marked lawyers’ calendars with an important message from the UK Supreme Court: English courts will not accept the jurisdiction over a dispute having the “centre of gravity” in another country. In particular, the Court found that in a tort claim, where the key issues in the litigation would on the face of […]