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
Date Written: 2017
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: Suggested Citation