“I will not let Putin take these windows away” with that in mind I have begun to prepare a memorandum for the court that arrested and ordered for specific performance of 6.500 windows, stored in our client’s warehouse, despite pending arbitration proceedings.
Unfortunately, the windows were doomed - local administration in the Far East needed those windows to complete the construction of the social housing before the president's visit to this city. That case fed my interest in the issue of the arbitral tribunal’s independence from the intervention of national courts in the case where the sanctions involved, and when courts can exercise their judicial powers. Despite our reference to the existing arbitration agreement, in this case the court found that the arbitration agreement was incapable of being performed – allegedly, our opponents met obstacles in access to justice in foreign arbitral institutions because of the sanctions.
It led me to wonder how courts resolve sanctions issues in arbitration - on the one hand, countries have the power to impose restrictive measures on individuals, on the other hand parties to an arbitration have a reasonable expectation of equal enjoyment of their rights, including payment of costs, legal fees, etc. In what cases and under what conditions could national courts intervene in a dispute?
I conducted research and wrote the paper on anti-arbitration injunctions in Russian law. This is a relatively new mechanism in the Russian law system that allows national courts to issue injunction orders, prohibiting the party to commence or participate in the arbitration proceedings. This is possible if the other party meets obstacles in access to justice, subject to sanctions of other countries as Russian courts have exclusive jurisdiction over these cases. Despite apparent similarity with the common law institution, due to unsubstantiated exclusive jurisdiction, internal inconsistency, and poor legal terminology this new mechanism only leads to transactional losses and parallel proceedings, which was proved by researched cases. According to the results of the research, this system was introduced, not to ensure the equality of the parties and give the oppressed persons the right of access to justice, but to legalize the transfer of jurisdiction to the Russian courts where the outcome of the dispute is determined, by government-linked companies.
During my research I’ve learned that I lacked depth in specific case law and practical applications. I have not had the opportunity to study in detail the landmark cases that shape this area of law, which are crucial for a comprehensive understanding of how courts across different jurisdictions interact with arbitration awards. Furthermore, my education so far has not provided me with the analytical tools to critically assess and compare these cases. In my bachelor's studies, I took an introductory international commercial arbitration course. After my participation in 29th Vis Moot and my work on a few cases at internship, I decided that I wanted to work in the sphere of international commercial arbitration.
I hope that the Stockholm University’s Master of Laws in International Commercial Arbitration will provide me with the theoretical knowledge and toolset for advanced legal research. Of particular interest to me is part of the “Advanced International Arbitration” course, especially that covers issues relating to state and state-owned enterprises as parties in international arbitration. Moreover I chose this Master's program for its unique combination of practical and theoretical learning, particularly the mock arbitration which would give me hands-on experience in a simulated arbitration setting. This practical exposure is essential for sharpening my skills in drafting, argumentation, and negotiation. I especially look forward to the chance of working with Dr. Fabricio Fortese, whose research on "Early Determination of Arbitral Jurisdiction: Balancing efficacy, efficiency, and legitimacy of arbitration" made me more interested in the subject.
After graduating from my Master’s program, I hope to do an internship at SCC Arbitration institute because I believe that my experience at one of the oldest and most respected arbitration institutions will help me to better understand how arbitrators make decisions and help me with my reasoning skills. After that, I expect to work for an international law firm and represent clients in arbitration - I am particularly interested in working with sanction-related cases. I would like to specialize in sanctions-related disputes and disputes involving State participation and to continue my academic research on the relationship between arbitration, sanctions and state involvement in arbitration. I believe that the provision of high-quality legal expertise will help to resolve the dispute peacefully through arbitration. This may sound counter-intuitive, but legal experience in an unjust state only helps to better understand the importance of the rule of law principle. Despite recent flagrant violations of the principle of the peaceful settlement of disputes, I believe that this is one of the key legal principles of the modern world, and I am confident that by providing quality legal expertise I can help uphold this principle.
Thank you for considering my application. I look forward to the opportunity to further discuss my interest in this program with you.
Sincerely,
[Name]
