Transcript Jurisdiction

Investor in Latvia
and
dispute resolution options
Ziedonis Ūdris,
Chairman of the Council
of the Court of Arbitration
of the Latvian Chamber of Commerce and Industry
21- 22 November 2013, Vilnius
Legal Framework
to define jurisdiction
• Civil Procedure Law
• Administrative Procedure Law
• Council Regulation (EC) No
44/2001
• International Conventions
• Bilateral Treaties
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Jurisdiction - Civil
Procedure Law
• Court`s exclusive jurisdiction in
real estate, patent, labour and other
matters;
• Matters tried by first instance,
appelate and cassasion court;
• Article 23: Parties may agree to
refer their dispute for settlement to
the arbitration
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Jurisdiction - Administrative
Procedure Law
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Competition
Taxes and customs
Construction permits
Public procurement
Trade marks
Consumers
and other administrative acts
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Jurisdiction - Council Regulation
(EC) No 44/2001
• Court of respondent`s domicile
• Court of the place of delivery of goods or
provision of services
• Place of tort,delict or quasi-delict
• Place of branch, agency or other establishment
• Place of one of number of defendants
• Insurance, consumer, employment
• Lis pendis – the court first seised
• West Tankers case – Article 1(2)(d)
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Jurisdiction - International
Conventions
• 1958 New York Convention on the
Recognition anf Enforcement of Foreign
Arbitral Awards – Article II(3)
• 1961 Geneva Convention on International
Commercial Arbitration – Article V(3), VI(3)
• 1965 Washington Convention on the
Settlement of Investment Disputes Between
States and Nationals of Other States
• 1994 Lisbon Energy Charter Treaty – Article
26(4)(c)
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Jurisdiction –
Bilateral Treaties
• Agreements on provision of mutual
legal assistance:
Estonia, Lithuania, Russia, Moldova,
Belarus, Poland, Ukraine, Uzbekistan,
Kyrgyzstan, China, Norway
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Jurisdiction –
Bilateral InvestmentTreaties
• Austria, Armenia, Azerbaijan, Taiwan, Belarus,
Czech Republic, Belgium, Luxembourg,
Bulgaria, Denmark, Egypt, France, Greece,
Georgia, Croatia, India, Island, Lithuania,
Great Britain, Kuveit, Kirgizstan, China,
Kazahstan, Canada, Israel, Italy, Singapure,
Finland, Slovakia, Spain, Romania, Portugal,
Poland, Norway, Netherlands, Moldova,
Sweden, Vietnam, Germany, Uzbekistan,
Hungary, Ukraine, Turkey, Switzerland, United
States
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Court of Arbitration
of the Latvian Chamber
of Commerce and Industry
• Established in 1934
• Provides the settlement of local and
international commercial disputes
• Rules of Arbitration/ Rules of Arbitration
for the Small Dispute Settlement
• UNCITRAL Arbitration Rules
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LCCI Court of Arbitration
In the last 10 years about 20% of the
cases were international disputes
involving parties from:
Estonia
Lithuania
Germany
Moldova
Russia
Great Britain
Spain
Italy
Austria
the Netherlands
Switzerland
Poland
United States of America etc.
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STATISTICS
- writs of execution on enforcement of
arbitral awards in Latvia
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New arbitration law
in Latvia
• Establishing of permanent
arbitration institutions
• Certification of arbitrators
• Court assistance
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Thank you for your attention!
www.chamber.lv
[email protected]
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