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The competence of arbitral tribunals under the Moscow Convention on protection of the rights of the investor


Arbitration analysis: In the recent Russian cases Kyrgzstan v Lee John Bek and Kyrgyzstan v Stans Energy Corp the claimant State sought the revision of an arbitral tribunal’s interim award on grounds that it lacked competence. Although the Moscow Arbitrazh Court rendered two decisions (on 24 June 2014 in Lee John Bek and on 8 July 2014 in Stans Energy Corp) which confronted the issue of whether or not the arbitrators had competence to hear the disputes, the position of the court raised more questions on this issue than there were before. Mikhail Samoylov, Senior Associate at KIAP Attorneys at Law and Leixs©PSL Arbitration contributor discusses the decisions.

The article is available on the LexisNexis Dispute Resolution Blog and attached for free.

  Samoylov. The Competence of Arbitral Tribunals (72.3 Кб, 439 скачиваний)

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Update: See here