Аннотация: A different aspects of investment arbitrage. A legal note.
A different aspects of investment arbitrage. A legal note.
People with different backgrounds have different habits.
It `s an understandable phenomena?
Someone prefers to remain silent in controversial situations.
And the other person has a different upbringing. And he has other habits. He has nothing to say, but he needs to say something - it is not customary to remain silent - he will say: "I will answer your words later!". This does not mean that he is going to answer something. Maybe he will never appear on the life path of the interlocutor - in the future. This means that he acted as he was brought up: he did not remain silent, he said something in response.
Recently there was a message that a subsidiary of a large bank was nationalized.
The "main" bank said that he would "initiate investment arbitrage".
I felt as if I had read Alexander Pushkin: "A harmonious an order Of oligarchical conversations." Sounds nice!
A mental picture appeared: some huge building - with a dome. Or - of a modernist style - a large cube of glass and concrete.
A team is going there - about ten people - everyone has beautiful leather briefcase.
After a while, newspapers appear with a screaming headlines: a large bank has won through a litigation a several billion dollars.
In general, it's beautiful.
Then, I felt a doubts.
For a major victory, a backstory is desirable. What can they be proud of? Of the major cases of the international level, not one ended in an obvious victory.
Whom can the bank send to protect its interests?
Bank"s legal departments have a legal experience of a wide range. But this is not the experience of large international litigations. With a variety of cases, the main direction is - bank loans, and everything connected with them. The main procedural opponent is the loan debtor. Debtors, legal entities, ordinary people...
(For example, the Russian Federation has deprived its citizen, a simple taxpayer, of the right to own a the object of real estate, and the payment of compensation is stretched for months, for years (for decades - ?, for centuries - ?) ... And what can ordinary citizens do? To write statements? Let them write... "We" have legal departments, they will prepare draft answers, quote laws...
The bank's attempt to hire a large international law firm in today foreign policy environment has its own characteristics.
I am reflecting further.
What is "arbitrage"? Until the beginning of the 90s of the 20th century, bodies of the State Arbitration existed in the USSR [Государственный арбитраж при Совете Министров СССР]. But why should a large modern bank initiate the restoration of the State Arbitration?
So it's something else.
What is it?
I remember recent negotiations.
Respected people gathered in one conditionally neutral country - on the shore of a beautiful strait - and talked. Did they speak badly? There were comments, there were hopes.
This is more like mediation (from "mediator" - intermediary figure). But if you wish, you can call it arbitration. It depends on what meaning to invest in the concept of "arbitrage".
In general, "initiate" does not mean that there will be newspapers with screaming headlines.
And "investment arbitrage" ... The future will show what this concept means in this, modern situation.
The main thing is not to be silent. There are certain rules that must be followed...
Soon "we" will return half of the gold and foreign exchange reserve through the court - with interest ... In any case, the words were uttered ... They weren't silent ...
[2981. Some legal perspectives of the Russian Federation. Feature article. - May 12, 2022].
May 13, 2022 11:43
Translation from Russian into English: May 13, 2022 18:39.
Владимир Владимирович Залесский "Разные аспекты инвестиционного арбитража. Юридическая заметка".
{ 2983. Разные аспекты инвестиционного арбитража. Юридическая заметка.
MMCMLIII. A different aspects of investment arbitrage. A legal note. }