Autor: Anna Kopylova

Russian courts‘ new approach to reciprocity: Post-sanctions compliance

The Moscow District Arbitrazh Court refused to recognize decisions from US courts, stating a lack of evidence of reciprocity under international principles. Decisions made before February 28, 2022, were considered irrelevant in the ruling (case No. A40-242631/2022, dated 24 July 2023) The court cited Government Decree No. 430-r of March 5, 2022, which listed „unfriendly […]

Restitution of Nazi-looted art: New law aims to facilitate enforcement of claims

On April 17th, the German Federal Ministry of Justice proposed a bill to facilitate the enforcement of claims for the return of cultural property unjustly seized during the Nazi era. New provisions include information requests and rules regarding statutes of limitations. ©Rui Alves/Unsplah The proposed legislation seeks to streamline the process for reclaiming Nazi-confiscated cultural […]

Nearly 80 years after the end of National Socialism: Germany to replace Nazi-loot advisory panel with binding arbitration

The Advisory Commission, formerly known as the Limbach Commission, dealing with the return of Nazi-looted art from Jewish owners, has been facing criticism for its inefficiency. Now, nearly 80 years after the end of National Socialism in Germany the federal government, states and local authorities agreed shaking things up by replacing it with an arbitration […]

The ongoing legal saga: Court bans Finland’s Wartsila from suing a Russian plant abroad

A court in St. Petersburg has forbidden the Finnish company, Wartsila, from pursuing or continuing arbitration proceedings abroad against a Russian plant. This decision follows the court’s earlier rejection of Baltic Plant’s €7.6 million claim against Wartsila for non-compliance with six independent guarantees. Background facts The guarantees were related to a contract with the Russian […]

Decisions about the validity of arbitration clauses at the seat of arbitration are binding in proceedings about the enforcement of an award

Decisions rendered in state court proceedings at the place of arbitration about the scope of the arbitration clause are binding for the German exequatur court and exclude a reconsideration of these issues or a successful invocation of the same defence in the German enforcement proceedings. This applies in particular to the defence of the lack […]

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