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Investor in Latvia and dispute resolution options

Investor in Latvia and dispute resolution options. Ziedonis Ūdris , Chair man 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

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Investor in Latvia and dispute resolution options

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  1. 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

  2. Legal Frameworkto define jurisdiction • Civil Procedure Law • Administrative Procedure Law • Council Regulation (EC) No 44/2001 • International Conventions • Bilateral Treaties

  3. 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

  4. Jurisdiction - Administrative Procedure Law • Competition • Taxes and customs • Construction permits • Public procurement • Trade marks • Consumers • and other administrative acts

  5. 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)

  6. 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)

  7. Jurisdiction – Bilateral Treaties • Agreements on provision of mutual legal assistance: Estonia, Lithuania, Russia, Moldova, Belarus, Poland, Ukraine, Uzbekistan, Kyrgyzstan, China, Norway

  8. 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

  9. 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

  10. 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.

  11. Statistics- writs of execution on enforcement of arbitral awards in Latvia

  12. New arbitration law in Latvia • Establishing of permanent arbitration institutions • Certification of arbitrators • Court assistance

  13. Thank you for your attention! www.chamber.lv arbitr@chamber.lv

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