Ambivalent Russian Arbitration Developments Regarding Hybrid Dispute Resolution Clauses

By Daniil Vlasenko, foreign attorney at Baker & McKenzie LLP (New York)

Overview

At the end of 2018, the Presidium of the Russian Supreme Court published its “Review of Cases Related to the Functions of Assistance and Control in Relation to Arbitration and International Commercial Arbitration” (“Review”). The 51-page Review was dedicated to issues that the Russian courts have faced while hearing cases arising from domestic and international arbitration and which require consideration by the Supreme Court. Numerous issues were covered, including those connected to the arbitrability of certain types of disputes, the enforceability of arbitral awards and the validity of arbitration agreements.

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Negotiation in the Context of Arbitration

By Erin Gleason, Independent Arbitrator and Mediator

Mediation and arbitration are often categorized as separate and distinct fields for good reason.  Arbitration is an adjudicative process; mediation, on the other hand, is more accommodating, dependent on negotiation among parties.  There is a formality attached to arbitration that one usually does not find in mediation.  While the arbitration process is prescribed by rules, the mediation experience is created by the parties and the mediator to fit the needs of a particular dispute.

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Tips from the top: Young ICCA interviews Jadranka Jakovcic

Jadranka Jakovcic is an associate at New York office of Curtis, Mallet-Prevost, Colt & Mosle LLP, International Arbitration group. She advises in both investment treaty and commercial arbitrations, with particular experience in cases conducted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID).

Prior to joining Curtis, Ms. Jakovcic served as a judicial trainee to Justice Charles E. Ramos of the New York Supreme Court, Commercial Division. She also interned at the Legal Service of the European Commission, assisting on the preliminary ruling procedure concerning Croatia before the European Court of Justice.

A Croatian national, Ms. Jakovcic trained in both civil law and common law, with a Master of Laws degree from the University of Zagreb and an LL.M. from Fordham University School of Law.

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Compatibility, Novelty, Practical Corollary? A Collective Analysis of the Prague Rules

By Vladimir Khvalei, Laurence Ponty, Juan Pablo Valdivia Pizarro, Andreea I. Nica and Maria Teder


Introduction

The following article is the result of a collective project, carried out by one of the groups of the Young ICCA Mentoring Programme, comprised of Juan Pablo Valdivia Pizarro,[1] Andreea I. Nica[2] and Maria Teder,[3] as Mentees, Vladimir Khvalei,[4] as Mentor, and Laurence Ponty, as Buddy.[5]

With the benefit of Vladimir Khvalei being one of the drafters of the Prague Rules (or the “Rules”), the group chose to address this hot topic to contribute to the lively (and sometimes passionate) debates, which the Rules have triggered even way before their launch in December 2018. Further, given the concentration of the discussion on the legal background underlying the Rules (the civil law and more inquisitorial approach) and the potential tensions with the common law culture approach, the analysis of the Prague Rules by a group representing a large variety of nationalities and jurisdictions,[6] sounded particularly relevant.

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The Mareva injunction and its story of expanding horizons

By Mahasweta Muthusubbarayan, Final year B.A. LL.B. student at ILS Law College, Pune, India

A Mareva injunction or a freezing injunction is a form of ad personam interim relief, which is usually sought during the pendency of court or arbitration proceedings or once the proceedings are completed and a verdict is rendered, but before the judgement/award is enforced and executed. This form of injunction is essentially sought by a claimant or judgement/award creditor against a respondent or judgement/award debtor, to prevent the latter from dispersing his assets otherwise than in the ordinary course of business, so as to ensure that the enforcement of a judgement or arbitral award is not defeated. Unlike a regular injunction, a freezing injunction covers even those assets which are not necessarily a part of the subject-matter in dispute or those in which the claimant does not claim any direct right.

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