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ART DE LEX’s International Arbitration Newsletter

ART DE LEX has released its most recent International Arbitration Newsletter, which contains six important articles.

  • Bankruptcy procedures must take into consideration existing arbitration decisions – The Supreme Arbitrazh Court has ruled that bankruptcy proceedings must recognize existing arbitration decisions to protect creditors.
  • A ruling from the Supreme Arbitrazh Court of the Russian Federation about notifying representatives of parties in arbitration procedures – The Supreme Arbitrazh Court ruled that notifying a parent company during an arbitration procedure involving a subsidiary instead of notifying the subsidiary directly does not constitute a breach in arbitration procedure.
  • International Court of Arbitration protects the rights of Tatneft, a Russian firm, in a dispute over the expropriation of assets in Ukraine – The International Court of Arbitration in Paris awarded Tatneft USD 100 million for the illegal transfer in 2007 of its shares in Ukrtatnafta, which includes a refinery, to a Ukrainian company.
  • The Presidential Executive Office does not support the Russian Ministry of Justice’s reform of arbitration courts – The office of the Russian president declined to support a draft reform of the arbitration courts because they would be part of a nonprofit organization that required the approval of the Ministry of Justice and they would have jurisdiction over both internal and international arbitration. The president’s office also raised issues about the independence of the arbitrators.
  • The Supreme Arbitrazh Court recognizes the nonarbitrability of disputes arising out of contracts concluded according to the Law on State Procurements (No. 94-FZ) – The Supreme Arbitrazh Court decided that arbitration courts may not hear disputes related to state procurements because they involve “a concentration of socially significant public elements.”
  • The Intellectual Property Court (IPC) clarifies some issues regarding the application of the 1886 Berne Convention for the Protection of Literary and Artistic Works – ART DE LEX lawyers successfully argued a case in the Intellectual Property Court, which overturned a lower court’s award of USD 50 million to OJSC “Penzenskoye konstruktorskoye byuro modelirovaniya” (PKBM) from the Korean companies Korea Aerospace Industries and Doosan Infracore. A new trial will decide the matter.

For the details about all of these important news items, see the 29 October 2014 ART DE LEX International Arbitration Newsletter at http://artdelex.ru/eng/reviews/international-arbitration-newsletter.

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