Eastern European Dispute Resolution Forum Belarus

01/01/2022

Warmest wishes for a wonderful holiday season from everyone at EEDRF Team!

27/09/2021

Now we present our last video from EEDRF Quick&Honest Interviews with prominent arbitration practitioners. Our last guest is Katia Finkel, the senior associate at dispute resolution practice of Baker McKenzie in London, UK. The interview was held by Alexander Korobeinikov, the partner of Kazakhstan office of Baker McKenzie.

The issue for discussion is “𝗖𝗼𝗻𝗳𝗹𝗶𝗰𝘁 𝗼𝗳 𝗶𝗻𝘁𝗲𝗿𝗲𝘀𝘁 𝗶𝘀𝘀𝘂𝗲𝘀 𝗳𝗼𝗿 𝗮𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗼𝗿𝘀 𝗶𝗻 𝘁𝗵𝗲 𝗹𝗶𝗴𝗵𝘁 𝗼𝗳 𝘁𝗵𝗲 𝗹𝗮𝘁𝗲𝘀𝘁 𝗽𝗿𝗮𝗰𝘁𝗶𝗰𝗲 𝗼𝗳 𝗘𝗻𝗴𝗹𝗶𝘀𝗵 𝗰𝗼𝘂𝗿𝘁𝘀 𝗮𝗻𝗱 𝗖𝗜𝗦 𝗮𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻”.

The interview covers the following aspects:
- Importance of the issue of impartiality and independence of arbitrators for international arbitration;
- General rules with regard to the conflict of interest for arbitrators;
- Difference in approach to challenging arbitrators (examples of ICC and LCIA);
- Reasons for popularity of IBA Guidelines on the Conflict of Interests;
- Approach to conflict of interest for arbitrators adopted by English courts;
- What is necessary to keep in mind when you challenge an arbitrator.

Please note that generally interview (except for introduction) was held in English.

Look our channel and we hope that we will be able to present another interesting issue with regard to international arbitration in near future.

Now we present our last video from EEDRF Quick&Honest Interviews with prominent arbitration practitioners. Our last guest is Katia Finkel, the senior associa...

03/08/2021

We welcome everybody and present the eleventh record of EEDRF Quick & Honest interview series. In this interview our speaker is Dr. Carri Ginter, a partner at Sorainen , Estonia. The interview was held by Ms. Anna Guillard Sazhko, an associate of arbitration practice at Shearman & Sterling LLP (Paris, France).

The topic of the interview is “𝗗𝗶𝘀𝗽𝘂𝘁𝗲 𝗿𝗲𝘀𝗼𝗹𝘂𝘁𝗶𝗼𝗻 – 𝗘𝗨 𝗮𝗻𝗴𝗹𝗲”. The main part of the interview covers the following important issues related different issues of EU law and practice of European Court of Justice:
- Peculiarities of dispute resolution on EU level;
- Obligation of national courts to apply to European Court of Justice (ECJ);
- The caseload of ECJ;
- Influence of reference to ECJ on the length of proceedings;
- Consequences of non-application to ECJ to obtain the preliminary ruling;
- The ways to address the failure to refer to ECJ;
- Panel of arbitrators for EU-UK disputes.

Our second section “Questions in brief” traditionally covered the issues related to the legal profession (features of brilliant lawyer and arbitrator, challenges in being legal expert as well as tips for lawyers to deal with stress). There were also personal questions to our speaker related to his decision to become an associate professor, challenges in education of modern students, education projects, preferred and original business destination, tips for studying foreign languages and even desire of our speaker to become a ECJ judge in the future.

We invite you to see our new video and have pleasant viewing!

We welcome everybody and present the eleventh record of EEDRF Quick & Honest interview series. In this interview our speaker is Dr. Carri Ginter, a partner a...

07/07/2021

Founder and organizing committee co-chairman of Eastern European Dispute Resolution Forum (EEDRF) Alexandre Khrapoutski has been elected to the ICC International Court of Arbitration for a next term 2021-2024.
Congratulations!

28/06/2021

There are only three videos remained for publication and we present the first one and the tenth in general record of EEDRF Quick & Honest interview. In this interview our guest is Ms. Jennifer Younan, a partner and head of international law and arbitration practice at Paris office of Shearman & Sterling LLP. The interview was held by Mr. Maksim Zhukov, counsel at Lex Torre Law Office (Minsk, Belarus).

The topic of the interview is “𝐓𝐡𝐞 𝐈𝐒𝐃𝐒 𝐁𝐚𝐜𝐤𝐥𝐚𝐬𝐡: 𝐰𝐡𝐚𝐭, 𝐰𝐡𝐲 𝐚𝐧𝐝 𝐰𝐡𝐞𝐫𝐞 𝐭𝐨 𝐧𝐨𝐰”.

The main part of the interview covers the following questions for discussion:
- The essence of backlash phenomenon;
- Tendencies that demonstrate the existence of backlash;
- Criticism of ISDS system and reaction of arbitration community;
- Prognosis for further development of the process;
- Multilateral Investment Court proposal: viability, advantages and risks;
- Influences of ISDS mechanism on the protection of investor’s rights.

Our second section “Questions in brief” traditionally covered the brief questions and answers related to the inspirations and reasons for our guest to practice in international arbitration, difference between commercial and investment arbitration, preferred role in proceedings and useful tips for young arbitration practitioners. Ms. Younan also fairly answered to the question about the achievement that she is proud of most of all.

We invite you to see our new video and have pleasant viewing!

https://www.youtube.com/watch?v=ohumGbDZXyM

There are only three videos remained for publication and we present the first one and the tenth in general record of EEDRF Quick & Honest interview. In this ...

08/06/2021

It is a great pleasure for us to announce the nineth record of EEDRF Quick & Honest interview series. In this interview our guest is Mr. Gene M. Burd, partner at FisherBroyles, LLP, (Washington D.C, the USA). he interview was held by Ms. Anna Guillard-Sazhko, the associate at Shearman & Sterling (Paris, France).

The topic of the interview is “𝐄𝐧𝐟𝐨𝐫𝐜𝐞𝐦𝐞𝐧𝐭 𝐨𝐟 𝐚𝐫𝐛𝐢𝐭𝐫𝐚𝐥 𝐚𝐰𝐚𝐫𝐝𝐬 𝐢𝐧 𝐭𝐡𝐞 𝐔𝐧𝐢𝐭𝐞𝐝 𝐒𝐭𝐚𝐭𝐞𝐬, 𝐬𝐩𝐞𝐜𝐢𝐚𝐥𝐥𝐲 𝐚𝐰𝐚𝐫𝐝𝐬 𝐚𝐠𝐚𝐢𝐧𝐬𝐭 𝐟𝐨𝐫𝐞𝐢𝐠𝐧 𝐬𝐭𝐚𝐭𝐞𝐬 𝐚𝐧𝐝 𝐬𝐭𝐚𝐭𝐞-𝐨𝐰𝐧𝐞𝐝 𝐜𝐨𝐦𝐩𝐚𝐧𝐢𝐞𝐬”.

The main part of the interview covers the following questions for discussion:
- If it has a sense to enforce foreign arbitral award against state and state-owned companies in the USA;
- US practice of enforcement of arbitral awards against states;
- Settlement and negotiations towards arbitral awards and their time limits;
- Typical procedure for enforcement of arbitral awards in the USA;
- Attempts to enforce award against the USA in the territory of the USA;
- Defenses against enforcement of arbitral awards in the USA;
- US practice on enforcement of arbitral award against Post-Soviet countries;
- Specific tools applied by claimant in the recognition and enforcement proceedings in the USA;
- Role of third-party funders in the enforcement proceeding.

Our second section “Questions in brief” traditionally covered the brief questions and answers about some general issues related to the legal profession and practice, impact of COVID and personal preferences of our speaker.

We invite you to see our new video and have pleasant viewing!

It is a great pleasure for us to announce the nineth record of EEDRF Quick & Honest interview series. In this interview our guest is Mr. Gene M. Burd, partne...

25/05/2021

We welcome everybody and present the eighth record of EEDRF Quick & Honest interview series. In this interview our speaker is Ms. Anastasia Bondarenko, managing director at Vannin Capital (Paris, France). The interview was held by Ms. Olena Perepelynska Perepelynska, the partner and head of international arbitration at INTEGRITES (Kyiv, Ukraine).

The topic of the interview is “Monetization of legal assets.”
The main part of the interview covers the following important issues related to third party funding in international arbitration:
- the essence of monetizing legal assets and third-party funding;
- difference of third-party funding from loans;
- criteria for third-party funders whether to finance the case;
- types of funding;
- the way how portfolio funding works;
- pricing of award acquisition;
- benefits of third party funding;
- case selection process;
- future development of third party funding and impact of COVID;
- way of action when controversy in the case strategy exists;
- specificity of Eastern European region;
- views about mandatory disclosure of third-party funding.

Our second section “Questions in brief” traditionally covered the brief questions and answers about the following:
- tips to those who seeks third-party funding;
- how many cases obtain funding;
- price of return;
- role of funder in funded case;
- attorney privilege and confidentiality in communications with the funder;
- main obstacle for use of funding worldwide;
- influence of AI on decision making process in funding;
- use of funding by states and state-owned parties;
- recovery of costs of funding;
- difference in work between counsel and funder.

You may also find the answers the questions about inspiration of our speaker in her work.

We invite you to see our new video and have pleasant viewing!

We welcome everybody and present the eighth record of EEDRF Quick & Honest interview series. In this interview our speaker is Ms. Anastasia Bondarenko, manag...

21/05/2021

Dear colleagues,

The Organizing Committee of the Eastern European Dispute Resolution Forum regretfully announces that EEDRF 2021 has been rescheduled to the next 2022 year due to COVID-19 pandemic, flight cancellations, and Belarus government requirement for travelers to stay in 10-days self-quarantine.

The EEDRF Organizing Committee is closely monitoring the evolving of COVID pandemic in the region. That’s why we have to take this very difficult decision due to unacceptable risk to launch the EEDRF in September in Belarus.

Please note that EEDRF 2021 will not be held as a virtual event.

These are indeed challenging times for the international events and we would like to extend thanks for your understanding and support.

Rest assured, we will maintain ongoing cooperation with forum partners and speakers to be ready to welcome all of you to the important annual arbitration event next year.

For more information please e-mail us: [email protected]

See you in Minsk in 2022!

06/05/2021

We welcome everybody and announce our seventh issue of Quick & Honest interview series. In this case our speaker is Mr. Vytautas Nekrošius, the Chairman of Vilnius Court of Commercial Arbitration - Arbitražas. The interview was held by Mr. Alexey Anischenko, the partner at Sorainen (Minsk, Belarus). In contrast to our previous interviews, this one was recorded in the Russian language.

The topic of the interview is “𝐃𝐨 𝐰𝐞 𝐧𝐞𝐞𝐝 𝐑𝐞𝐠𝐢𝐨𝐧𝐚𝐥 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐈𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧𝐬?”. The main part of the interview covers the following important issues related to the regional arbitration institutions:

- Necessity and importance of regional arbitration institutions;
- Classification of the arbitration institutions;
- The most successful regional institutions;
- Business segments for regional arbitration;
- Competition and cooperation between arbitration institutions;
- Impact of COVID-19 on arbitration and VCCA;
- Reasons to choose Lithuania as a place of arbitration;
- Tensions between West and East and its impact on arbitration;
- Compliance of VCCA with tendencies of arbitration.

We invite you to see our new video and have pleasant viewing!

We welcome everybody and announce our seventh issue of EEDRF Quick & Honest interview series. In this case our speaker is Mr. Vytautas Nekrošius, the Chairma...

29/04/2021

We start our sixth issue of EEDRF Quick & Honest interview series. In this issue our speaker is 𝗟𝗼𝘂𝗶𝘀 𝗙𝗹𝗮𝗻𝗻𝗲𝗿𝘆 𝗤𝗖, partner in Mishcon de Reya LLP (London, UK). The topic for discussion is “𝗗𝗶𝘀𝗰𝗹𝗼𝘀𝘂𝗿𝗲 𝗮𝗻𝗱 𝗰𝗼𝗻𝗳𝗹𝗶𝗰𝘁𝘀 𝗳𝗼𝗹𝗹𝗼𝘄𝗶𝗻𝗴 𝗛𝗮𝗹𝗹𝗶𝗯𝘂𝗿𝘁𝗼𝗻 𝘃𝘀 𝗖𝗵𝘂𝗯𝗯”. The interview was held by Mr. 𝗔𝗻𝗱𝗿𝗲𝘆 𝗣𝗮𝗻𝗼𝘃, counsel at 𝗔𝗹𝗹𝗲𝗻&𝗢𝘃𝗲𝗿𝘆 (Moscow, Russia).

The main part of the interview covered the following key issues for discussion:
- our guest’s opinion about the outcome of the case;
- the points of disagreement and critics of the judgement;
- the reasons for the popularity of the case outside UK;
- approaches to conflicts of interest and disclosures by arbitrators;
- appointing independent arbitrators vs arbitrators from law firms (counsel’s perspective);
- the future of disclosure test;
- things that arbitrators shall not do to save the reputation.

Section “Questions in brief” covered short answers to the personal questions to our quest.

Do not lose the possibility to hear the opinion about the case from the person who actively participated in this notable and highly discussed judicial proceedings.

Have pleasant viewing!

https://youtu.be/XhOdYsl6lGs

We start our sixth issue of EEDRF Quick & Honest interview series. In this issue our speaker is Louis Flannery QC, partner in Mishcon de Reya LLP (London, UK...

21/04/2021

Please, see our fifth issue of EEDRF Quick & Honest interview series. Our guest is Mr. Adrian Lifely ([email protected]), independent arbitrator, formerly partner and global chair of international arbitration group at Osborne Clarke (London, UK). Interviewer is Ms. Olena Perepelynska, a partner and the head of international arbitration at INTEGRITES (Kyiv, Ukraine).

The topic of the interview is “𝗟𝗼𝗻𝗱𝗼𝗻 𝗶𝘀 𝘁𝗵𝗲 𝗰𝗮𝗽𝗶𝘁𝗮𝗹 𝗼𝗳 … 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻?”.
The main part of the interview covered the following key issues for discussion:
- Main tasks and characteristics for counsels and arbitrators in the course of arbitration proceedings.
- Differences in arbitrating in UK and other jurisdictions.
- How to persuade arbitral tribunal about your case.
- What helps and what irritates arbitral tribunal.
- Difference between barristers and solicitors in arbitration.
- Pros and cons of styles in conducting arbitration in common and civil law.
- Importance of relationship in arbitration.
- Can aggression of the counsel persuade the tribunal?
- Use of experts in foreign law.

Section “Questions in brief” covered short answers to the personal questions and questions regarding arbitration:
- Preferred characteristics of arbitration;
- Three advantages of arbitration over litigation;
- Recommendations to young lawyers that want to become arbitrators;
- Skills that arbitrators shall develop in the changing world;
- Replacement of arbitrators by artificial intelligence;
- Impact of Brexit on the choice of London as place of arbitration.

If you also want to hear the stories about the worst situation in arbitration practice of Mr. Lifely as well as his experience of work with a sleeping arbitrator, join us and see our video.

Have pleasant viewing!
https://www.youtube.com/watch?v=d6cnTczlFuM

Please, see our fifth issue of EEDRF Quick & Honest interview series. Our guest is Mr. Adrian Lifely, independent arbitrator, formerly partner and global cha...