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What was the Past Year’s Most Significant Legal Development for CIS Disputes Practitioners?

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• The new Russian law (adopted in June 2020) providing for the exclusive jurisdiction of the Russian state arbitrazh (commercial) courts over disputes involving Russian sanctioned individuals and entities (and any foreign entities controlled by them).

• Clarifications on Russian arbitration legislation – including the arbitrability of corporate disputes – issued by the Council for the Development of Arbitration at the Russian Ministry of Justice upon the joint request of Hong Kong International Arbitration Centre and the Vienna International Arbitration Centre (June 2020).

• The UK court decisions in Enka İnşaat ve Sanayi AŞ v OOO Insurance Co. Chubb, Chubb Russia Investments, et al, setting out the criteria for determining the proper law governing an arbitration agreement.

• Russian Supreme Court Resolution No. 53 (December 2019), “On Fulfilment by Courts of the Russian Federation of the Functions of Assistance and Oversight in Respect of Arbitral Proceedings and International Commercial Arbitration,” with clarifications on denial of enforcement on public policy grounds, arbitrability of disputes, provisional remedies, and other issues.

• No signature, no problem? Recent trends on binding non-signatories to arbitration agreements.

• Virtual hearings come of age.

Arbitration Track

• Hot topics in investment treaty arbitration. Watch on YouTube >>>
  

• Data analytics in international arbitration and regulation of AI in IA. Watch on YouTube >>>

• Taming the “unruly horse” – international arbitration and public policy. Watch on YouTube >>>

General Disputes Track

• Force majeure – how is it being applied in the context of the Covid-19 pandemic? Watch on YouTube >>>

• E-advocacy: Practical issues and tips on using remote technology for hearings. 

• CIS-related oil and gas disputes. Watch on YouTube >>>

• Tips and tactics for obtaining usable evidence in the U.S. for use abroad under 28 U.S.C. Section 1782 –perspectives from U.S. and non-U.S. practitioners. Watch on YouTube >>>
  

Part 1 : The preliminary hearing/case management conference

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Watch an arbitration panel and counsel in a contentious case management conference as they address, among other issues, whether the merits hearing should proceed remotely over one party’s objection and, if so, the appropriate protocols for taking witness evidence.

Arbitration Track

• Working from home as an arbitration practitioner in the Covid-19 era - juggling the often competing demands of clients, colleagues and family from the kitchen. Watch on YouTube >>>

• Binding non-signatories to arbitration agreements – a comparative perspective. Watch on YouTube >>>

• Winning tips for documents-only arbitrations. Watch on YouTube >>>

General Disputes Track

• COVID-related real estate disputes. Watch on YouTube >>>

• Third party funding in pandemic times. Watch on YouTube >>>

• “The state or not the state?” When state-owned companies are treated as a foreign state for the purposes of sovereign immunity? Watch on YouTube >>>

Arbitration Track 

• Tackling corruption and money laundering in international arbitration. Watch on YouTube >>>

• Is the use of remote technology a new advantage for arbitration over litigation? Watch on YouTube >>>

• Arbitrability - who decides what is and is not arbitrable – judges or arbitrators? Watch on YouTube >>>
  

• Dos and don’ts in choosing an arbitral seat in the CIS. Watch on YouTube >>>

General Disputes Track

• Winning disputes over derailed M&A deals.

• Russian countersanctions responding to US/EU sanctions, including the June 2020 changes to the Russian Arbitrazh (Commercial) Procedure Code. Watch on YouTube >>>

Part 2 : Expert Witness Cross Examination

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Arbitration Track

• Arbitration clauses and insolvency proceedings. Watch on YouTube >>>
  

• What to tell your client about the security and privacy of case information in an arbitration: key points shared by ADR providers. Watch on YouTube >>>

• 10 years on – have emergency arbitration procedures lived up to the promise? Watch on YouTube >>>

General Disputes Track

• Enforcing foreign bankruptcy decisions. 

• Preparing for the post-coronavirus era in litigation. Watch on YouTube >>>

• The use of criminal procedures in parallel to civil disputes. Watch on YouTube >>>