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Arbitration, courts, dispute resolution
Topic “Arbitration, courts, dispute resolution” in the Maritime Law journal: 51 publications from 20 issues, newest first.
Found: 51 · newest first
Numerous studies have been devoted to the issue of the application of international treaties, particularly conventions, by Russian commercial courts. However, these studies primarily address situations where a foreign element is present in the dispute. No scholarly works analysing the use of international treaties in maritime disputes in the absence of a foreign element have been identified. In light of the above, this article will attempt to present such an analysis.
It has become increasingly clear to policyholders of late that war risks need not only to be insured separately, but also to be specified far more precisely in insurance contracts. At the same time, the established trend in the application of Article 964 of the Russian Civil Code does not prohibit insurers from including clauses in insurance terms that define the scope of covered and excluded risks. An Associate Professor at the S.S. Alekseev Private Law Research Centre reflects on how insurance practices are changing as war risks increase.
The essay examines jurisdictional clauses in bills of lading in the context of Russian and Spanish legislation. It analyses the impact of such clauses on legal proceedings and the correlation between contractual autonomy and exclusive jurisdiction. A comparison of legal systems reveals problems with the unification of norms, reflecting the relevance of the topic for the development of international maritime law and the activities of the Russian Maritime Law Association.
Sanctions have radically reshaped the landscape of marine insurance, creating new challenges for international arbitration: the nature of disputes and associated risk allocation is evolving, contractual clauses are being reconfigured, and claims to handling mechanisms are being recalibrated. This article examines conflict-of-laws issues “law, jurisdiction, and public policy” and contemporary dispute-resolution practice, including the enforceability of arbitration clauses and the recognition and enforcement of arbitral awards under the 1958 New York Convention. Emphasis is given to the London market. Through selected examples, the article demonstrates how sanctions and compliance requirements transform the allocation of risks between insureds and insurers, including P&I Clubs.
At the heart of any institution’s history lie the people whose commitment and determination gave it life and carried it forward. The 95-year history of the Maritime Arbitration Commission (MAC), Russia’s oldest specialised arbitration, is not just a timeline of procedural rules and decisions, but a complex and often dramatic chronicle of human destinies.
The note deals with the problematic aspects of ship arrest in Russia. Analysis is based on the recent judicial practice of Russian commercial courts. The author briefly describes the arrest procedure and discusses the issues arising from violating time limits stipulated by law, alternative security measures, and the consequences of economic sanctions. To conclude, the author reflects on the specifics of ship arrest regulation in Russia and provides general characteristics of ship arrest.
“Our object was to give to the sea, which is the natural tie between the nations, the benefit of a uniform law, which will be rational, deliberated, equitable in its inception and practical in its text. We have considered that in our work, the shipowner, the merchant, the underwriter, the average adjuster, the banker, the parties directly interested should have the leading part: that the task of the lawyer was to discern what in this maritime community was the general feeling, which, among these divergent interests, is common to all; to discern also which of the various solutions is the best; to contribute to the common work his science and his experience, but that ultimately the lawyer should hold the pen and that the man of practice should dictate the solutions.”
This article examines the establishment of those legal principles that have historically evolved in this area under French civil law. The article also traces the development of the practice of the French courts, which is gradually moving away from the limitations contained in previous decisions concerning the validity of jurisdictional clauses.
The article is devoted to the analysis of the concept and importance of mediation in the legal system. The author introduces the stages of planning and conducting mediation, highlights the key functions of the mediator. The article also examines the use of mediation as a way to protect the rights and freedoms of citizens.
The article is devoted to the history of the institution of the judicial letters (Richterbriefe), the implementation of which was one of the measures of the German Reform of 1942 of justice institutions and judicial system. According to the idea of its creators, this institution was supposed to form a «correct» view of judicial manpower concerning the judicial practice, corresponding to the needs of society and of the state, by means of the selective publications of extracts from judgements on specific cases. The Imperial Ministry of Justice was assigned to make the systematisation of the judicial practice for its «streamlining» and «direction». Law reviews and generalisations were published in a specially created press organ with a Ministry’s assessment of the correctness of the judgements. The task of the judicial letters was not to create direct, meaningful directives on the judgements to be made in specific cases, but indirectly to formulate principles for evaluating positive law through the prism of society’s needs in certain adjudication. The article describes the conditions for the establishment of the institution of judicial letters in Nazi Germany, defines also the causes and the motives of the reform of justice announced in 1942, its goals and objectives, as well as its measures to overcome the «crisis of justice». Concerning the institution of judicial letters, the article represents the provided by the reform process of the collection and systematisation of judicial practice, the selection criteria for publication of court decisions, analyses the methodological impact of judicial letters on the law enforcement process, describes the introduction of this institute into practice, including the distribution of judicial letters, and related complications relating to this history. Such a way of influencing the process of administration of justice was not accepted by the German judiciary. It was manifested in the large-scale evasion of judges from fulfiling the obligation to send copies of judgements to the Ministry for systematisation of judicial practice, strengthening with the end of the war approaching. More experienced and old judges interpreted the judicial letters as an instrument for intrusion into their exclusive competence area, which
Commentary to case No. A70-14648/2021 (FSUE “Atomflot” v. Zapsibgazprom-Gasification Ltd.)
Commentary to the Resolution of the Supreme Court of the Russian Federation dated June 3, 2021, No. 307-ЭС21-1344 in case No. А21-4281/2018 (Rosprirodnadzor v “Global-Flot”)
Commentary to the Case No. А51-9022/2020 (LLC “Fesco Service” v LLC “Avers”)
Commentary to the Resolution of the Supreme Court of the Russian Federation dated August 20, 2021, No. 305-ES21-10216 in case No. A40-328885/2019 (“OTEKO-Portservice” v “Kaproben”)
The article discusses what mediation is, and what mediation clauses can be recommended for mediation.
The article deals with specific features of private maritime disputes arbitration in Russia. The analysis is based on the Law of the Russian Federation of July 7, 1993, No. 5358-O “On International Commercial Arbitration”, Regulation on Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation (hereinafter – MAC), which is an appendix to this Law, and the 2017 MAC Rules.
Case No. А24-3915/2020 (LLC “Kamchatskenergo” v LLC “NIKO”)
Judgement of the Commercial (“Arbitrazh”) Court of the North Caucasus District dated 13 May 2021 in case No. A53-42452/2019 (LLC “Management Company “River-Sea”” v LLC “Vastness”)
Case No. А40-127542/2020 (JSC “Belomortrans” v LLC “Neva-Charter”)
Pacific Gulf Shipping Co. v Vigorous Shipping & Trading S.A., No. 20-35159 (9th Cir. 2021)
The Resolution of the Commercial (“Arbitrazh”) Court of the Far-Eastern District dated 17 February 2021 in case No. F03-104/2021 (FSOE “Border Administration of the Federal Security Service of the Russian Federation in the Primorsky Region” v “Korea Surim Trading Corporation”)
Judgement of the Commercial (“Arbitrazh”) Court of the North-Western District dated 3 March 2021 in case No. A21-1117/2020 (Fishing collective farm “Worker of the Sea” v FSUE “National Fish Resources”, FSBI “Administration of Seaports of the Baltic Sea”, LLC “Northern Marine Technologies”)[1]
Ruling of the Commercial (“Arbitrazh”) Court of the Krasnodarskyi Region dated 12 March 2021 in case No. А32-9548/2021 (FGBI “Morspassluzjba” v “April Shipping Company”)
Judgement of the 5th Commercial Court of Appeal dated January 18, 2021 No. 05AP-7234/2020 in case No. A51-3969/2020 (LLC Far Eastern Sea Transportation v LLC Vostok-Mor-Stroy)
Ruling of the Commercial Court of the Primorsky Territory dated November 25, 2020 in case No. A51-18495/2020 (FSUE Morspasluzhba v OJSC Concern ASPOL-BALTIC / NWS5 Balt Shipping Co. Ltd.)
Judgement of the Commercial Court of the Vologda Region dated October 6, 2020 in case No. A13-20252/2019 (LLC P.TransKo v PJSC Severstal)
Judgement of the Commercial Court of Primorsky Region dated November 26, 2020 in case No. А51-9725/2020 (Atlas Marine Co. Ltd. v LLC “PrimPortService”)
