Characteristics and Trends of Law and Practice of International Arbitration in the CIS Region

K. Hober, Y. Kryvoi (eds), Law and Practice of International Arbitration in the CIS Region (Wolters Kluwer 2017); ISBN 9789041167019

50 Pages Posted: 28 Aug 2018

See all articles by Y. Kryvoi

Y. Kryvoi

The British Institute of International and Comparative Law (BIICL)

Kaj Hober

Uppsala University

Date Written: 2017

Abstract

The Commonwealth of Independent States (CIS) governments and businesses from the region have made significant progress in many areas since the collapse of the Soviet Union. At its conception, the Commonwealth of Independent States consisted of ten former Soviet republics: Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.

However, as this chapter shows, arbitration users in the region still face various challenges while arbitrating against CIS states and CIS-related parties, as well as in CIS jurisdictions. Investors and lawyers advising them need to understand the law and practice of arbitration in the CIS countries to minimise their risks and to do so before agreeing to arbitrate disputes.

The chapter gives a comparative overview of similarities and differences between various jurisdictions. The issues covered include sources of arbitration law (including international conventions), law and practice related to arbitrators’ qualifications, arbitrability, public policy, enforcement of arbitral awards.

It also analyzes the legal framework related to investor-state disputes, the practice of CIS States in investment treaty arbitration, peculiarities of enforcing international investment arbitral awards in the CIS region and issues of State immunity.

Keywords: arbitration, dispute resolution, russia, ukraine, Kazakhstan, arbitrability, public policy

JEL Classification: F21, K33, K40

Suggested Citation

Kryvoi, Yarik and Hober, Kaj, Characteristics and Trends of Law and Practice of International Arbitration in the CIS Region (2017). K. Hober, Y. Kryvoi (eds), Law and Practice of International Arbitration in the CIS Region (Wolters Kluwer 2017); ISBN 9789041167019. Available at SSRN: https://ssrn.com/abstract=3056965

Yarik Kryvoi (Contact Author)

The British Institute of International and Comparative Law (BIICL) ( email )

Charles Clore House
17 Russell Square
London, WC1B 5JP
United Kingdom

HOME PAGE: http://www.kryvoi.net

Kaj Hober

Uppsala University ( email )

Box 513
Uppsala, 751 20
Sweden

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