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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by Astapov Lawyers International Law Group

View the listing for Astapov Lawyers International Law Group

Applicable law in contractual disputes: recent arbitration practice

June 2013 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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AstapovLawyers Partner Eugene Blinov & the firm's Associate Roman Protsyshyn share their recent arbitration practice regarding applicable law in contractual disputes.

Disputes arising from finance arrangements: post-crisis phenomenon in Ukraine – read more!

April 2013 - Finance. Legal Developments by Astapov Lawyers International Law Group .

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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, Seychelles, Jersey, Cyprus and other offshore and onshore jurisdictions in the pockets of numerous private persons, mostly CIS nationals. No surprise this fact led to a tsunami of disputes, one way or the other related to repayment of loans and funds advanced under other types of finance arrangements. Many of those disputes are still pending, thus, keeping finance arrangements among the top-litigated issues within CIS borders.

Proper notices in arbitration – watch the details!

April 2013 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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Article V1(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, better known as the New York Convention, 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 where the recognition and enforcement is sought that it was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings. However simple at first glance, the question of what constitutes 'proper notice' turns out to be less than clear in practice.

Is the Door to England Still That Wide Open for CIS Disputes?

March 2013 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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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. AstapovLawyers' Managing Partner Andrey Astapov and Associate Anna Kombikova comment on a recent CIS precedent.

Time limit for forwarding arbitral award to parties extended

February 2013 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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The Presidium of the Ukrainian Chamber of Commerce and Industry (UCCI) recently amended Article 52 of the Rules of the International Commercial Arbitration Court (ICAC) at the UCCI. This article governs the procedure for forwarding an arbitral award to the parties to arbitration proceedings.

Enforcing arbitral awards against Ukrainian bankrupt companies

February 2013 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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Eugene Blinov and Anna Kombikova of AstapovLawyers ILG commented on peculiarities of enforcement of arbitral awards against Ukrainian bankrupt companies. The lawyers noted the risks connected with such cases and suggested possible solutions.

Mitigation of damages in arbitration practice: trite law or space for creativity?

September 2012 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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The mitigation of damages is a well-known principle in international legal practice. However, in Ukraine there is no widely applied court and arbitration practice on the issues relating to mitigation of damages, and aggrieved parties may be unclear as to what should and can be done.

Ukrainian district court allowed attachment of property located in Ukraine on the basis of UK proced

August 2012 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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On 1 June 2012 Goloseevskiy district court of Kyiv city rendered a decision whereby it recognized and enforced the Order of the High Court of Justice Queen Bench Division Commercial Court (Order). As a result, Ukrainian court allowed attachment of Debtor’s assets located in Ukraine.

Ukraine earmarks UAH100 million for ICSID awards

June 2012 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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In recent years there has been a worldwide trend against arbitration conducted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID). A number of Latin American countries have been critical of the ICSID Convention following a sequence of negative decisions. However, Ukraine has confirmed its commitment to the convention, which it ratified on March 16 2000.

Litigation & Dispute Resolution in Ukraine

May 2012 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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Ukraine Andrey Astapov, Oleh Beketov & Oleksiy Zorin AstapovLawyers International Law Group.

Ukrainian M&A Market: Legal Viewpoint

May 2012 - Corporate & Commercial. Legal Developments by Astapov Lawyers International Law Group .

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OLEH MALSKYY, PARTNER, ASTAPOVLAWYERS INTERNATIONAL LAW GROUP:

The assessment of risks in M&A transaction in Ukraine may turn out to be difïŹ cult due to many country-speciïŹ c risks, as well as some hidden commercial/ political risks. 

Obtaining security measures in support of arbitral awards

May 2012 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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Article 15 of the Code of Civil Procedure provides that applications for recognition and enforcement of awards issued in international commercial arbitration are considered by the courts of general jurisdiction following the procedure set out in the code.

Aspects Application of the New York Convention in Ukraine

January 2012 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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Author: Eugene Blinov
Published in: NYSBA New York Internation Chapter News

To dismiss the application within twenty days from date of receipt of the notice of the application:

a. the arbitration agreement is valid as a result of the incapacity of a party according to the applicable laws;

Aspects of recognition and enforcement: lessons from case law

January 2012 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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Arbitration - Ukraine

Contributed by Astapov Lawyers International Law Group

When ratifying the New York Convention, Ukraine made the reservation that "with regard to awards made in the territory of non-contracting states, it will apply the convention only to the extent to which those states grant reciprocal treatment". The same approach towards reciprocity was incorporated into several instruments of Ukrainian legislation, in particular the Code of Civil Procedural Code. 

Regulator's new anti-cartel agreement with Ministry of Internal Affairs

August 2011 - EU & Competition. Legal Developments by Astapov Lawyers International Law Group .

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The Anti-monopoly Committee has strengthened its cooperation with the Ministry of Internal Affairs in cartel investigations. The agencies recently signed an agreement on their collaboration and their respective powers. The rules will help to enhance ongoing consultations and the exchange of information during investigations into anticompetitive behaviour. Among other things, they provide for the committee to engage the ministry to conduct inspections, thereby ensuring that access to the premises of undertakings that are suspected of cartel involvement is effected correctly.

Challenging international arbitration awards: legislative changes trigger debate

August 2011 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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A number of amendments were recently made to legislation concerning the recognition and enforcement of arbitral awards. Despite being generally positive, some of the changes were partial and incomplete and may lead to the emergence of new obstacles in enforcing arbitral awards. In particular, this applies to amendments (adopted on February 3 2011) to two laws concerning challenging arbitral awards and issuing enforcement orders: the Civil Procedure Code and the Commercial Procedure Code.

Looking for arbitration clause

August 2011 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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Author: Andrey Astapov, Eugene Blinov and Victoria Afanasyeva
Published in: Yuridicheskaya Praktika

When will Russia lift its grain export ban?

July 2011 - Projects, Energy & Natural Resources. Legal Developments by Astapov Lawyers International Law Group .

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On 25 March, Interfax informed that Russia’s Agriculture Minister Elena Skrynnik had announced the government’s plans with respect to lifting the ban on grain exports from Russia.

ECHR and Ukraine: state responsibility and approaches to enforcement

May 2011 - Corporate & Commercial. Legal Developments by Astapov Lawyers International Law Group .

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Until recently it was widely held that human rights had little or no relevance to international arbitration. Arbitration was regarded as being used by international business to resolve disputes in cross-border transactions, whereas issues of human rights and the related legal mechanisms were considered to be limited to matters relating directly to the wellbeing of an individual.

Arbitrating state interests abroad: clearer basis for counsel and state entities

April 2011 - Litigation & Dispute Resolution. Legal Developments by Astapov Lawyers International Law Group .

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Dispute resolution practitioners have long argued for enhanced legal clarity on the
procedures for protecting Ukraine's rights and interests and for representing such
interests in disputes with foreign entities.

Unveiling the corporate mask in Russia

April 2011 - Corporate & Commercial. Legal Developments by Astapov Lawyers International Law Group .

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The other days, A. Ivanov, the Chairman of the Supreme Commercial Court of the Russian Federation, proposed to amend the Russian legislation so that to implement the doctrine of unveiling the corporate mask in the Russian law .

Crackdown ahead? Greater scrutiny could catch foreign-to-foreign transactions

January 2011 - EU & Competition. Legal Developments by Astapov Lawyers International Law Group .

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The Anti-monopoly Committee has introduced a new system of scrutiny and close monitoring in order to identify and prosecute concerted actions and mergers implemented without proper clearance.

NEW UKRAINIAN LAW TO PROTECT PERSONAL DATA

August 2010 - Corporate & Commercial. Legal Developments by Astapov Lawyers International Law Group .

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The Law of Ukraine “On Personal Data Protection” (“Law”) comes into effect on 1 January 2011. The Law contains a number of important provisions regarding the protection of personal data (“PD”) being processed and concerns both individuals and legal entities. The Law provides general and specific requirements to companies processing their personal databases (“PDB”).

New Law on Public Private Partnership in Ukraine

August 2010 - Corporate & Commercial. Legal Developments by Astapov Lawyers International Law Group .

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The President of Ukraine has signed the Law On Public Private Partnership (PPP Law) which was adopted by the Parliament of Ukraine on July 1, 2010. The law enters into force in three months after its official publication.

AstapovLawyers Triumph in Corporate International Magazine Global Award 2010

June 2010 - Corporate & Commercial. Legal Developments by Astapov Lawyers International Law Group .

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AstapovLawyers chosen as 'Dispute Resolution Advisory Firm of the Year in Ukraine’ by Corporate International Magazine