Stockholm International Arbitration Review (SIAR)
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Volume 2008:1
TABLE OF CONTENTS
SCC Practice: Challenges to Arbitrators – SCC Board decisions 2005–2007
Helena Jung
Hall Street Associates, LLC v. Mattel, Inc.: – A New Englander’s Tale of Statutory Supremacy in Arbitration Law
Thomas E. Carbonneau
Ukraine
Court Recommendations in December 2007 by the Presidium of the Highest Commercial Court of Ukraine “Ukrainian Court
Edict”
Subject Matters:
1) Activities of and corporate relations concerning a Ukrainian joint stock company shall be governed
exclusively by the laws of Ukraine.
2) Agreements providing for the application of foreign law to Ukrainian corporate relationships including
the relationships between shareholders are null and void and violate Ukrainian public policy.
3) Agreements limiting the scope or effect of Ukrainian mandatory legal provisions (such as competition law
and rules regarding the invalidity of agreements) are null and void.
4) Shareholders’ agreements, even under foreign law and entered into by, for instance, non-Ukrainian holding
companies cannot govern questions of corporate governance in a Ukrainian company and, hence,
cannot be enforced to the extent they are at variance with Ukrainian company law.
5) The Recommendations seek to exclude Ukrainian corporate disputes from determination by international
arbitration (paragraph 2 of Section 6.2).
Observations by Serhii Sviriba and Olga Glukhovska
Observations by Tatiana Slipachuk and Per Runeland
Observations by Alexander Vaneev
“Hall Street vs. Mattel”
Subject Matter:
Judicial review of awards — Enforceability of clauses providing for expanded judicial review under the U.S.
Federal Arbitration Act.
Observations by Jonatan Gass
Observations by Davor Babić
UNCITRAL Arbitral Award on Jurisdiction, made on 28 January, 2008 in Washington D.C., U.S. “Canadian
Cattlemen for Fair Trade vs. United States of America”
Subject Matter:
Jurisdiction of Tribunal to hear a claim brought under Chapter Eleven of the NAFTA (North American Free
Trade Agreement). Territorial location requirement for protected investments and investors.
Observations by Jean-François Hébert
“First Award on Advance on Costs under the new SCC Rules”
Subject Matter:
Separate award on costs – Claimant had paid the full Advance on Costs and requested the arbitrator to issue a separate award
ordering the Respondent to reimburse the Claimant for its share.
Observations by Christer Söderlund
Monetizing Natural Gas: A Contribution to the Problem of Emissions and Climate Change
– Anthony Connerty
The Willem C Vis International Commercial Arbitration Moot – Hew R. Dundas
New rules for international arbitration in Ukraine: Improved structure, changes in procedure and substance
– Tatyana Slipachuk and Per Runeland
The SCC and its China-Related Cases – Sigvard Jarvin
Hans-Gunnar Solerud in Memoriam – Johan Munck, Chief Justice of the Supreme Court of Sweden, Leif Thorson, Justice of the Supreme Court of Sweden
BOOK REVIEW – Anthony Connerty
Manual of International Dispute Resolution