03
Jun
2014
http://kluwerarbitrationblog.com
Assignment of Benefits of Arbitral Awards: Problematic Enforcement in Ukraine http://kluwerarbitrationblog.com
Courts are rather formalistic in deciding on that matter as Ukrainian laws do not directly envisage the possibility to an application for leave to enforce an international arbitration award to be submitted by any person other than a creditor (the meaning of this term is sometimes narrow, so that it is understood as a synonym to a party to arbitration).
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Practices:
Arbitration
19
May
2014
LIGA, “ Lawyer & Law” Zaitseva E. Senior Associate
E-commerce: what are the rules? LIGA, “ Lawyer & Law”
“There can’t be a law if there is no punishment.” This saying best describes the situation in the sphere of e-commerce. Although efforts aimed at the regulation of this market were made for many years it seems that the parties take enjoyment in the legislative process itself. (The article is available in Russian only)
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28
Apr
2014
Arbitration. – 2014. – Vol. 80. – Issue 2
Evidence in International Arbitration: Criteria for Admission and Evaluation Arbitration. – 2014. – Vol. 80. – Issue 2
The liberal application of seemingly simple evidentiary rules is necessary to avoid sterile legal debate over admissibility of evidence in international arbitration so that the tribunal can concentrate on the pragmatic issues of the case.
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Practices:
Arbitration
23
Apr
2014
LIGA, “ Lawyer & Law” Symanov D. Counsel
Invalidity of general meeting’s resolutions: judicial practice LIGA, “ Lawyer & Law”
The approaches to resolution of this kind of corporate disputes has changed insignificantly over the past several years. The commercial (economic) courts are still using the clarifications of the Supreme Court of Ukraine issued October 24, 2008. (The article is available in Ukrainian only)
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21
Mar
2014
LIGA, “ Lawyer & Law”
Arbitration in London and New York and ocean of differences between LIGA, “ Lawyer & Law”
Many Ukrainian companies involved in international trade have discovered benefits of arbitration as an alternative to the courts and had the opportunity to appreciate diversity and multiplicity of this mechanism (The article is available in Russian only)
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Practices:
Arbitration
12
Mar
2014
LIGA, “ Lawyer & Law”
International commercial arbitration: what needs to be proved and who should prove? LIGA, “ Lawyer & Law”
Is the principle actori incumbit probatio (the burden of proving weighs on the plaintiff) always applicable in the arbitration? (The article is available in Russian only)
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Practices:
Arbitration