Everest Estate LLC and others vs. Russia: Arbitral award and Supreme court decision analysis
On February 21st, 2019 Ukrainian Arbitration Association together with UBA Alternative Dispute Resolution Committee and Committee on Procedural Law held the discussion of Arbitral award and Supreme court decision in the matter of "Everest Estate" LLC and others vs. Russia
Iryna Nazarova, Chair of the UBA Alternative Dispute Resolution Committee, Managing partner at ENGARDE law firm, who was the moderator of the first part of the event, together with Serhii Uvarov, Member of the Board of the UBA Alternative Dispute Resolution Committee, Secretary General of UAA and Counsel at INTEGRITES, gave an overview of so-called "Crimean matters". Markiyan Kliuchkovskyi, Partner at Asters, outlined the arbitration tribunals conclusions on resolving of such matters on the basis of International Treaty between Ukraine and Russian Federation on investments protection.
The second part of the event was devoted to the topic of recognition and getting permission for enforcement of the award for "Everest Estate" LLC and others vs. Russia" matter. This part was moderated by Olena Perepelynska, Partner and Head of the CIS Arbitration Practice at INTEGRITES , Ukrainian Arbitration Association President.
Oleksandr Volkov, Deputy to the Chief of the UBA Alternative Dispute Resolution Committee, the Senior Associate at Asters, told about the process of recognition and getting permission for enforcement of the award for the discussed matter on the territory of Ukraine and Olexander Droug, Partner at Sayenko Kharenko and UAA board member, in his turn, told about provisional remedy for a claim in the procedure of recognition and getting permission for enforcement of the award for the this matter, including issues of identification of Russian property on the territory of Ukraine and those, connected with the notion of judicial immunity.
The questions brought up by the speakers caused a lively discussion among the participants, including those, who were directly involved in the matter in different roles.