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Lexology Getting the Deal Through: Arbitration 2022
s your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?
Doing Business in Mongolia - 2022
Tremendous mineral reserves, agricultural endowments, and proximity to Asia’s vast markets make Mongolia an attractive destination for medium to long-term foreign direct investment (FDI). The Gross Domestic Product (GDP) in Mongolia is worth 10.4 billion US dollars as of September 2021 according to the national statistics of Mongolia. The GDP value of Mongolia represents 0.01 percent of the world economy.
Recognition and Enforcement of Russian Court Judgments and Arbitral Awards in the Former Soviet Union States
The establishment and development of a common economic space between the states of the former Soviet Union has led to an increase in cross-border disputes. Current experience shows that recognition and enforcement of foreign court judgments and arbitral awards are among the top problems which business and professional communities participating in cross-border disputes face. To a certain extent, this issue is the cornerstone for achieving a fair dispute resolution since all previous processes may lose any purpose without recognition and enforcement. This article focuses on the procedure of recognition and enforcement of Russian court judgements and arbitral awards in the former Soviet Union states, save for the Baltic countries (ie Latvia, Lithuania and Estonia).
Enforcement proceedings in the Republic of Kazakhstan
State power in the Republic of Kazakhstan is exercised on the basis of the Constitution and laws in accordance with the principle of its division into legislative, executive and judicial branches and interaction with each other using a system of checks and balances. Enforcement proceedings are delimited from the judicial branch and assigned to the jurisdiction of the executive authorities.
Enforcement Proceedings and Bankruptcy in Turkey
Execution and Bankruptcy Law is the field of law that regulates procedures and rules in order creditors to collect their receivables by using the powers of the judicial state organs due to the debtor’s failure to fulfill his/her debt. The Turkish Execution and Bankruptcy Law No. 2004 (“EBL”) regulates various enforcement and bankruptcy procedures related to the collection and recovery of creditors’ receivables.
Enforcement Proceedings in Russia: Rostov-On-Don
Often, seafarers have to go through several rounds of legal proceedings in order to recover their legitimately earned wages which had not been not paid by the shipowner. Twelve crew members of the infamous motor ship "L", which was arrested for wage arrears, also have this experience.
Enforcement Proceedings in Russia: Samara
The institution of enforcement proceedings was created, among other powers, for the compulsory execution of judicial acts.
In the 11th century, in accordance with Russian Pravda, the so-called posadnikov or princely warriors - youths, swordsmen and children, acted as "executors", defenders of the plaintiff's interests, collected court fees and assisted in getting back the borrowed property.
Enforcement proceedings in Belarus
Enforcement proceedings are a key and defining procedure for collecting debts from any counterparty, because the previous work on negotiations, filing claims, lawsuits and obtaining court decisions in your favor will be worthless without an enforcement procedure.
International Arbitration 2021
Arbitration is becoming more and more popular in Uzbekistan as an alternative to litigation. With the adoption of the Arbitration Law in 2006, the number of arbitration tribunals established in Uzbekistan reached nearly 300 in 2021. One of the most active is a network of arbitration courts under Chamber of Commerce and Industry of Uzbekistan (CCI).
Enforcement Proceedings
The experience of different states, given in the brochure, will demonstrate the existence of not one, but several ways to overcome the slowness and inefficiency of execution in practice, and also that the possible solutions to the problem are varied, but they all ultimately are based on a delicate balance, along with other things, of the norms of executive the law and practice of their application, a high level of training and responsibility of various professionals involved in the implementation process, as well as the institutional and social systems in which these professionals are forced to carry out their activities.