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Arbitration court of London
1. Arbitration court of London
Has executed the student of thegroup PONB-205
Zlokazova Elena
2. London Court of International Arbitration
The LondonInternational
Arbitration Court
(further — Court) is the
arbitration body created
in 1892 as the London
arbitration chamber and
which has undergone a
number of changes for
more than centenary
history of the activity.
3.
Now the Court acts as theindependent legal entity in a
form of business of limited
liability company which
founders the London
Chamber of Commerce and
Industry, municipality of the
London city and Authorized
institute of arbitration are
among.
4. General information about LCIA
The London court of the international arbitrationstrengthens every year the authority and a esteem on the
majority of the international organizations, procedure of judicial
proceedings in Arbitration court of London is really adaptive to
interests of the parties, is effective, flexible and impartial.
More than a half of all arbitration disputes is carried out
not by residents of the United Kingdom, the majority of
participants of the arbitration courts have no English
nationality, these indicators confirm comprehensive trust and
authority from the countries - participants
5. Court structure:
The London international arbitration court LCIA functions to means of
interaction of three structural elements: company, arbitration court
and secretariat.
The part of arbitration court of London is made by the company, it is a
personnel set of professional lawyers of various level and specialization,
among them both acting and practicing lawyers, and the vessels
involved only for jurisdiction. In total making basis of figures of law
with extensive knowledge and high qualification.
Among them there are the directors organizing board of directors,
mainly not participating in activity and in the course of arbitration, but
LCIA defining development as a whole. The directions of development
and interaction of LCIA are fixed in the Charter and adapt for the
external economic situation of all first world.
6. REGULATIONS OF INTERNATIONAL ARBITRATION COURT OF LONDON
The court functions based on Arbitral regulations which new editioncame into force on January 1, 1998. The number of the international
commercial disputes brought directly To trial annually constitutes 60 — 70 and
considerably increases.
The regulations of Court provide that arbitral production is initiated by
submission of the action for declaration by the claimant which shall include:
the name and addresses of the parties in arbitral trial;
arbitral agreement of the parties;
statement of nature and circumstances of a dispute, and also claim
requirements;
statement for appointment of the arbitrator or arbitrators;
the collection established in Regulations on the arbitration fees and expenses.
7.
The parties can determine the venueof arbitration proceeding. If they
didn't seize this opportunity, London
or other more reasonable place
according to the judicial discretion
will be the place of arbitration.
Arbitration proceeding is conducted
in language in which the arbitral
agreement is constituted if the
parties didn't agree about other. Any
party can be provided by the
practicing lawyers or other persons
on condition of presentation of such
proof of their powers what the
arbitral tribunal can demand (Art.
16 — 18).
8.
Art. 22 of Regulations speaking about additional powers of arbitraltribunal is of special interest. On condition of observance of obligatory
restrictions of the applicable law the arbitral tribunal has the right according
to the petition of one of the parties or on own initiative:
to determine what precepts of law are applicable to the contract, the arbitral
agreement or the matter of argument between the parties;
to resolve accession of other parties to arbitration proceeding;
to permit the either party to change claim requirements or the counter
action;
to oblige the parties to show any property for survey at their presence by
arbitral tribunal or the expert;
to oblige the parties to submit to arbitral tribunal for survey any documents
which are available in their ownership and the order which the tribunal will
consider relevant.
9.
Having analysed contents of regulations, it is possible to draw aconclusion that, despite distinctions in regulation details, there are
general approaches in their organization and functioning:
the institution arbitration exercises tough administrative control of
appointment, branch and replacement of arbitrators;
strict requirements concerning their impartiality and independence are
imposed to arbitrators, and reasonable doubts in it lead to their
unconditional disqualification;
the arbitral decision is passed in the place of arbitration proceeding by a
majority vote of arbitrators and comes into force from the moment of its
removal, being final for the parties and obligatory to unconditional
execution.
10. The court of London supported Friedman's LetterOne in a dispute with shareholders of Turkcell
LetterOne which headquarters is in Luxembourg acquired the right toredeem shares of the Turkish telecommunication company at other
shareholder of Cukurova Mehmet Karamekhmet and national bank of
Turkey of Ziraat. The Turkish shareholders are obliged to be determined by
the judgment in 60-day time whether they are ready to redeem shares of
Turkcell for $2,7 billion or to sell the packet for $2,8 billion.
"We are very happy with the award of arbitration in London, supported our
line item. We already long time try to find a way out of this ten-year
deadlock to remove the company from corporate management" — the
managing partner of L1 Technology Alexey Reznikovich commented on the
judgment of Londonga.
Since 2007 Friedman's Alfa Group tries to receive control over Turkcell
operator with the Turkish company Cukurova. In 2014 Cukurova paid Alfa
Group for a share in Turkcell of $1,6 billion. In the fall of 2015 of Alfa
Telecom submitted the application to anti-monopoly committee of Turkey
for acquisition of a controlling stock of Turkcell. On April 1, 2016 the
Turkish shareholder suggested to redeem a share of Alfa Group.